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7.3. HRSR 04-01-2019 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Housing and Redevelopment Authority Item Number 7.3 Agenda Section General Business Meeting Date April 1, 2019 Prepared by Amanda Othoudt, EDD Item Description Consider the amended and restated redevelopment plan for the City of Elk River Reviewed by Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, a resolution approving the amended and restated redevelopment plan. Background/Discussion In early 2014, the HRA expressed a desire to prevent the emergence of blighting conditions, promote community health, safety and welfare, encourage related development and redevelopment to protect and improve the tax base and general economic vitality of the city. On July 7, 2014, the city approved a redevelopment plan for properties in a small targeted area of downtown utilizing the HRA Owner-occupied Housing Rehabilitation Loan Program. On November 5, 2018, the HRA discussed expanding the targeted area to include the entire Urban Services District, which was approved in February of 2019. To expand the boundaries, the city needs to amend and restate the Redevelopment Plan for the Owner- occupied Housing Rehabilitation Loan Program. The amended and restated redevelopment plan was confirmed by the Planning Commission, on March 26, 2019, and deemed consistent with the Comprehensive Plan. Financial Impact N/A Attachments  Redevelopment Plan (Redlined)  Redevelopment Plan (Clean)  Program Guidelines  PC Resolution  HRA Resolution AMENDED AND RESTATED REDEVELOPMENT PLAN FOR OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER, MINNESOTA Originally Approved by the City Council: July 7, 2014 Originally Adopted by the HRA Board: July 7, 2014 Amended and Restated Plan Approved by the City Council: April 1, 2019 Amended and Restated Plan Adopted by the HRA Board: April 1, 2019 Drafted By: KENNEDY & GRAVEN, CHARTERED (JSB) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612) 337-9300 444465559769v23 JSB EL185-26 2 2 444465559769v23 JSB EL185-26 I.DEFINITIONS The terms defined below have, for purposes of this Amended and Restated Redevelopment Plan, the meanings herein specified, unless the context specifically requires otherwise: “City” means the City of Elk River, Minnesota. “City Council” means the City Council of the City. “County” means Sherburne County, Minnesota. “Governing Body” means the duly elected City Council. “HRA” means the Housing and Redevelopment Authority in and for the City of Elk River, Minnesota. “HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047.469.047, as amended. “Project Area” means the area within the boundaries of the Redevelopment Project as shown in Exhibit A. “Public Redevelopment Costs” means all legally permissible costs incurred or to be incurred by or on behalf of the HRA in carrying out this Redevelopment Plan, including but not limited to: (a) the costs of any redevelopment activities consistent with this Redevelopment Plan or the Program Procedures as originally adopted or subsequently amended; (b) costs of administering the Program and the Redevelopment Project including making loans to qualifying homeowners; and (c) debt service payments on any obligations issued to finance Public Costs authorized by the Redevelopment Plan. “Program” means a program to assist in the repair,rehabilitation ofor improvement of 1-4 unit owner-occupied dwellings, including single-family homes, that are at least 20 years old by making loans to qualifying homeowners in a targeted area in the City pursuant to the Program Procedures. “Program Procedures” means the Elk River HRA Owner-Occupied Housing Rehabilitation Program Policies and ProceduresGuidelines adopted by the HRA on the date hereof, as amended from time to time. “Redevelopment Plan” means this Redevelopment Plan for the Redevelopment Project, dated July 7, 2014, as it may beamended and restated by this Amended and Restated Redevelopment Plan, dated April 1, 2019, as it may be further amended or supplemented from time to time. “Redevelopment Project” means the target area for the Program, the boundaries of which are described and depicted on the attached Exhibit A. 3 3 444465559769v23 JSB EL185-26 “State” means the State of Minnesota. II.STATEMENT OF NEED AND PUBLIC PURPOSE The HRA finds that there is a need for redevelopment within the City and the Project Area to prevent the emergence of blight, remedy blight and blighting conditions, promote the health, safety and welfare of City residents, encourage related development and redevelopment in order to protect and improve the tax base and general economic vitality of the City. More specifically, the HRA has identified that redevelopment of the Project Area and development of the Program is critical to the vitality and safety of the Project Area, and the City as a whole. The HRA has found that there exists a need in the City to provide financial assistance for the repair,rehabilitation and improvement of residential properties in the Project Area. The Program will provide for the repair,rehabilitation and improvement of residential of owner-occupied housing property located in the Project Area. The policies and procedures for the Program are as set forth in the Program Procedures which are incorporated herein by reference. The HRA finds that the Program is in the public interest of the residents of the City and will enhance the properties in the Project Area. The Program is anticipated to provide a stimulating effect in the Project Area. This Redevelopment Plan will facilitate the cooperation of State Public Bodies, including but not limited to the City and the HRA, as contemplated by Section 469.041 of the HRA Act. The HRA finds that these redevelopment activities are essential to prevent further deterioration of the Project Area and the City as a whole, and that such efforts will also encourage and are in fact necessary for the future economic development of the City. The HRA specifically finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan conforms to the general plan for the development of the City as a whole. The HRA further finds that the Project is a “redevelopment project” within the meaning of Minnesota Statutes, Section 469.002, subd. 14 of the HRA Act. III.STATUTORY AUTHORITY The HRA is authorized under the HRA Act to undertake and administer the Redevelopment Plan, the Program, and the Project, and to finance Public Redevelopment Costs through a property tax levy authorized under the HRA Act and other revenues of the HRA. IV.STATEMENT OF OBJECTIVES 4 4 444465559769v23 JSB EL185-26 The HRA seeks to accomplish the following general objectives within the Redevelopment Project: A.Promote the redevelopment of property within the Project Area in a manner consistent with the Program and the City comprehensive plan, which property is currently utilized by older housing stock. B.Promote the development of the Project Area, including without limitation the implementation of the Program. C.Promote the concentration of appropriate residential, commercial and industrial development within the Project area in order to maintain the area in a manner compatible with its prominence in the City. D.Construct, acquire or finance any public facilities, including sanitary sewer, water, storm drainage and roads, deemed necessary and desirable by the City and the HRA for the development or redevelopment of the Project Area and the City as whole. E.Assist in development or redevelopment through the Program and provision of public services, demolition and relocation, soil and terrain corrections or site improvements, or land acquisition, all in cases deemed appropriate by the City and the HRA. F.Employ any powers of the HRA under the HRA Act for the benefit of the Project in such cases and upon such terms as the HRA may deem appropriate. V.PROJECT AREA The Project boundaries are described and depicted in the attached Exhibit A. VI.PROPERTY ACQUISITION The HRA may acquire such property, or interests therein, as the HRA may deem necessary or desirable to carry out the objectives of the Redevelopment Plan. Acquisition may be accomplished by in accordance with the HRA Act. The HRA has no current plans to acquire any property pursuant to the Program Procedures or this Redevelopment Plan. The HRA reserves the right to acquire property in the Project Area in accordance with its powers under the HRA Act. VII.REDEVELOPMENT PROJECT FINANCING The HRA’s initial financing plans relate to Public Redevelopment Costs in connection with the Program. The HRA plans to finance the Public Redevelopment Costs related to the Program primarily through a property tax levy authorized under the HRA Act. The HRA may also use revenues from any other source available to it to pay any Public Redevelopment Costs. 5 5 444465559769v23 JSB EL185-26 [Remainder of this page is intentionally left blank.] 444465559769v23 JSB EL185-26 A- 1A- 1 EXHIBIT A Description of Project Area The Target Area starts at the intersection of School Street and Freeport Street and travels south including all homes abutting Freeport Street until the intersection with 3rd Street NW. At the intersection of Freeport Street and 3rd Street NW it travels east until the intersection with Evans Avenue NW including all homes south of 3rd Street NW. At the intersection of 3rd Street NW and Evans Avenue NW it travels south until it interacts with Railroad Drive. All homes along Main Street NW east of Evans Ave NW until Carson Court NW are included, along with all homes on 2nd Street NW and 1st Street NW cul-de-sac’s. At the intersection of Evans Ave NW and Railroad Drive the target area boundary travels directly west over Highway 10 to the Mississippi River. It travels up stream along the Mississippi River until the intersection with the Elk River, it travels up stream on the Elk River until the Main Street NW bridge all homes on the north side of the Mississippi and Elk River are included in target area. The boundary travels along Main Street NW to the intersection with Rush Avenue NW and includes any abutting homes. At the intersection of Main Street NW and Rush Avenue NW it travels north to Highway 10 and includes all homes east of Rush Ave NW. It then travels east along Highway 10 including all property to the south until the Quinn Avenue NW. It follows Quinn Avenue NW north over the railroad tracks until School Street NW including all homes east of Quinn Avenue NW. At School Street NW it travels east until the intersection with Freeport Street including all homes south of School Street NW.Project Area includes the urban service area of the City. 444465559769v23 JSB EL185-26 A- 2A- 2 Map of Project Area 444465559769v23 JSB EL185-26 A- 3A- 3 Document comparison by W orkshare 9 on W ednesday, March 20, 2019 1:38:23 PM Input: Document 1 ID PowerDocs://DOCSOPEN/444465/2 Description DOCSOPEN-#444465-v2-Elk_RIver_HRA_Rehab_Loan_REDEVELOPMENT_PLAN Document 2 ID PowerDocs://DOCSOPEN/559769/3 Description DOCSOPEN-#559769-v3-Elk_River_HRA__Rehab_Loan_AMENDED_AND_RESTATED_REDEVELOPMENT_PLAN Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 27 Deletions 15 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 42 559769v3 JSB EL185-26 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER, MINNESOTA Originally Approved by the City Council: July 7, 2014 Originally Adopted by the HRA Board: July 7, 2014 Amended and Restated Plan Approved by the City Council: April 1, 2019 Amended and Restated Plan Adopted by the HRA Board: April 1, 2019 Drafted By: KENNEDY & GRAVEN, CHARTERED (JSB) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612) 337-9300 559769v3 JSB EL185-26 2 I. DEFINITIONS The terms defined below have, for purposes of this Amended and Restated Redevelopment Plan, the meanings herein specified, unless the context specifically requires otherwise: “City” means the City of Elk River, Minnesota. “City Council” means the City Council of the City. “County” means Sherburne County, Minnesota. “Governing Body” means the duly elected City Council. “HRA” means the Housing and Redevelopment Authority in and for the City of Elk River, Minnesota. “HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047, as amended. “Project Area” means the area within the boundaries of the Redevelopment Project as shown in Exhibit A. “Public Redevelopment Costs” means all legally permissible costs incurred or to be incurred by or on behalf of the HRA in carrying out this Redevelopment Plan, including but not limited to: (a) the costs of any redevelopment activities consistent with this Redevelopment Plan or the Program Procedures as originally adopted or subsequently amended; (b) costs of administering the Program and the Redevelopment Project including making loans to qualifying homeowners; and (c) debt service payments on any obligations issued to finance Public Costs authorized by the Redevelopment Plan. “Program” means a program to assist in the repair, rehabilitation or improvement of 1-4 unit owner-occupied dwellings, including single-family homes, that are at least 20 years old by making loans to qualifying homeowners in a targeted area in the City pursuant to the Program Procedures. “Program Procedures” means the Elk River HRA Rehabilitation Program Guidelines adopted by the HRA, as amended from time to time. “Redevelopment Plan” means this Redevelopment Plan for the Redevelopment Project, dated July 7, 2014, as amended and restated by this Amended and Restated Redevelopment Plan, dated April 1, 2019, as it may be further amended or supplemented from time to time. “Redevelopment Project” means the target area for the Program, the boundaries of which are described and depicted on the attached Exhibit A. “State” means the State of Minnesota. 559769v3 JSB EL185-26 3 II. STATEMENT OF NEED AND PUBLIC PURPOSE The HRA finds that there is a need for redevelopment within the City and the Project Area to prevent the emergence of blight, remedy blight and blighting conditions, promote the health, safety and welfare of City residents, encourage related development and redevelopment in order to protect and improve the tax base and general economic vitality of the City. More specifically, the HRA has identified that redevelopment of the Project Area and development of the Program is critical to the vitality and safety of the Project Area, and the City as a whole. The HRA has found that there exists a need in the City to provide financial assistance for the repair, rehabilitation and improvement of residential properties in the Project Area. The Program will provide for the repair, rehabilitation and improvement of residential of owner-occupied housing property located in the Project Area. The policies and procedures for the Program are as set forth in the Program Procedures which are incorporated herein by reference. The HRA finds that the Program is in the public interest of the residents of the City and will enhance the properties in the Project Area. The Program is anticipated to provide a stimulating effect in the Project Area. This Redevelopment Plan will facilitate the cooperation of State Public Bodies, including but not limited to the City and the HRA, as contemplated by Section 469.041 of the HRA Act. The HRA finds that these redevelopment activities are essential to prevent further deterioration of the Project Area and the City as a whole, and that such efforts will also encourage and are in fact necessary for the future economic development of the City. The HRA specifically finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan conforms to the general plan for the development of the City as a whole. The HRA further finds that the Project is a “redevelopment project” within the meaning of Minnesota Statutes, Section 469.002, subd. 14 of the HRA Act. III. STATUTORY AUTHORITY The HRA is authorized under the HRA Act to undertake and administer the Redevelopment Plan, the Program, and the Project, and to finance Public Redevelopment Costs through a property tax levy authorized under the HRA Act and other revenues of the HRA. IV. STATEMENT OF OBJECTIVES The HRA seeks to accomplish the following general objectives within the Redevelopment Project: 559769v3 JSB EL185-26 4 A. Promote the redevelopment of property within the Project Area in a manner consistent with the Program and the City comprehensive plan, which property is currently utilized by older housing stock. B. Promote the development of the Project Area, including without limitation the implementation of the Program. C. Promote the concentration of appropriate residential, commercial and industrial development within the Project area in order to maintain the area in a manner compatible with its prominence in the City. D. Construct, acquire or finance any public facilities, including sanitary sewer, water, storm drainage and roads, deemed necessary and desirable by the City and the HRA for the development or redevelopment of the Project Area and the City as whole. E. Assist in development or redevelopment through the Program and provision of public services, demolition and relocation, soil and terrain corrections or site improvements, or land acquisition, all in cases deemed appropriate by the City and the HRA. F. Employ any powers of the HRA under the HRA Act for the benefit of the Project in such cases and upon such terms as the HRA may deem appropriate. V. PROJECT AREA The Project boundaries are described and depicted in the attached Exhibit A. VI. PROPERTY ACQUISITION The HRA may acquire such property, or interests therein, as the HRA may deem necessary or desirable to carry out the objectives of the Redevelopment Plan. Acquisition may be accomplished by in accordance with the HRA Act. The HRA has no current plans to acquire any property pursuant to the Program Procedures. The HRA reserves the right to acquire property in the Project Area in accordance with its powers under the HRA Act. VII. REDEVELOPMENT PROJECT FINANCING The HRA’s initial financing plans relate to Public Redevelopment Costs in connection with the Program. The HRA plans to finance the Public Redevelopment Costs related to the Program primarily through a property tax levy authorized under the HRA Act. The HRA may also use revenues from any other source available to it to pay any Public Redevelopment Costs. [Remainder of this page is intentionally left blank.] 559769v3 JSB EL185-26 A-1 EXHIBIT A Description of Project Area The Project Area includes the urban service area of the City. 559769v3 JSB EL185-26 A-2 Map of Project Area 559769v3 JSB EL185-26 A-3 554556v1 EL185-26 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER, MINNESOTA CITY OF ELK RIVER SHERBURNE COUNTY STATE OF MINNESOTA RESOLUTION NO. 2019-____ RESOLUTION APPROVING AMENDED AND RESTATED REDEVELOPMENT PLAN FOR OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM WHEREAS, on July 7, 2014, the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Elk River, Minnesota (the “HRA”) adopted a program to assist in the rehabilitation of owner-occupied single-family homes by making loans to qualifying homeowners in a targeted area in the City of Elk River (the “City”) pursuant to a Redevelopment Plan for Owner-Occupied Housing Rehabilitation Program (the “Redevelopment Plan”), adopted in accordance with Minnesota Statutes, Sections 469.001 to 469.047, as amended (the “HRA Act”); and WHEREAS, the Redevelopment Plan set forth, among other things, the terms and conditions under which the HRA would make loans to qualifying homeowners; and WHEREAS, the HRA has caused to be prepared an Amended and Restated Redevelopment Plan for Owner-Occupied Housing Rehabilitation Program (the “Amended Plan”), a copy of which is on file with the HRA Executive Director, expanding the Project Area wherein loans can be provided and amending the terms and conditions under which the HRA may make loans including allowing loans to be made for the repair, rehabilitation or improvement or 1-4 unit owner-occupied dwellings, including single family homes; and WHEREAS, the City Planning Commission has adopted a resolution finding that the Amended Plan is consistent with the City’s comprehensive plan; and WHEREAS, on the date hereof, the City Council (the “Council”) will consider approving the Amended Plan after holding a public hearing regarding the Amended Plan duly noticed in accordance with the Act. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Elk River, Minnesota as follows: Section 1. Findings; Amended Plan Adopted; Further Proceedings. 1.01. The Board finds that there exists a need in the City to provide financial assistance for the rehabilitation, repair and improvement of residential properties in the Project Area (as defined in the Amended Plan); that the Amended Plan will provide for the rehabilitation, repair and improvement of owner-occupied housing property located in the Project Area; that the Amended Plan will help prevent the emergence of blight in the Project Area; and that the activities to 554556v1 EL185-26 undertake the Amended Plan, constitute a “redevelopment project” pursuant to Minnesota Statutes, Section 469.002, subd. 14(5). 1.02. The Board further finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under the Amended Plan; (b) the Amended Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c) that the Amended Plan conforms to the general plan for the development of the City as a whole. 1.03. The Board further finds, declares and determines that the Board made the above findings stated in this Section based on the supporting facts described in the Amended Plan, which is incorporated herein in its entirety. 1.04. The Amended Plan is hereby approved and adopted. 1.05. The Board hereby transmits the Amended Plan to the Council and recommends that the Council hold the required public hearing and adopt the Amended Plan. 1.06. Upon approval of the Amended Plan by the Council, HRA staff and consultants are authorized to take all actions necessary to implement the Amended Plan. Section 2. Approval of Amended Plan. 2.01. Subject to approval of the Amended Plan by the City Council, the HRA hereby approves the Amended Plan and finds, determines and declares that it is in the public interest of the residents of the City that the Amended Plan be undertaken by the HRA in accordance with the HRA Act. 2.02. HRA Staff are directed to undertake all actions to carry out, on behalf of the HRA, the HRA’s obligations under the Amended Plan. 554556v1 EL185-26 Approved by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Elk River, Minnesota this 1st day of April, 2019. Chair ATTEST: Secretary