HRA 08/03/2006 - 6226CIrlc' CS. + "e-5
CITY OF FRIDLEY
HOUSING & REDEVELOPMENT AUTHORITY MEETING
Thursday, August 3, 2006, 7:30 P.M.
AGENDA
LOCATION: Council Chambers (upper level)
V/ CALL TO ORDER:
ROLL CALL:
APPROVAL OF,MINUTES:
\/ 1. Approval of June 1, 2006 Meeting Minutes
\/CONSENT AGENDA:
ACTION:
2. Approval of changes to Gateway West Development Agreement-requirement for letter of credit
Gateway West-Addition to street project
INFORMATIONAL ITEMS:
1. Legislative Update-Jim Casserly
3. Monthly Housing Report
ADJOURNMENT:
CITY OF FRIDLEY
HOUSING AND REDEVELOPMENT AUTHORITY COMMISSION
JUNE 1, 2006
Chairperson Commers called the Housing and Redevelopment Authority meeting to order at
7:37 p.m.
9,
Members Present: Larry Commers
Virginia Schnabel
Pat Gabel
John Meyer
Members Absent: William Hoh-n
Others Present: Mike Jeziorski, City Accountant
Paul Bolin, HRA Assistant Executive Director
Scott Hickok, Community Development Director
William Bums, HRA Executive Director
APPROVAL OF MINUTES:
Housing & Redevelopment Authority — February 2, 2006
MOTION by Commissioner Schnabel, seconded by Commissioner Gabel, to approve the
minutes as presented.
UPON A UNANIMOUS VOICE VOITE, CHAIR-PERSON COMMERS DECLARED
THE MOTION CARRIED.
CONSENT AGENDA:
• Consider Claims & Expenses
MOTION by Commissioner Meyer, seconded by Commissioner Schnabel, to approve the
consent agenda.
UPON A UNANIMOUS VOICE VOITE, CHAIRPERSON COMMERS DECLARED
THE MOTION CARRIED.
ACTION:
• Approval of Changes to Gateway West Development Agreement
Mr. Bolin stated as mentioned in the memo that went out in their packet last week, there were
some unforeseen title issues. Some things had to do with MnDOT right -of -way orders not being
properly recorded 25 years ago. There were other issues just based on the years that the
properties themselves were platted. There was a mixture of different types of torrens and
abstract properties which caused some problems at the recorders office as well. As they are
aware over the past few months they have worked closely with the City Attorney to get a number
of those items cleared up. They were able to clear up all of the issues on the northern property
and file that as the Gateway West First Addition plat which was recorded last Wednesday.
Regarding the second addition which would be all those properties on the southern block, those
issues should be cleared up by the end of this month. Again they will bring that second addition
back before the Council and then get that filed at the County as well. All these delays have
created the need for some minor changes to the Development Agreement. One of the copies in
their packet he believed was the eighth version of the Development Agreement that Gay Cerney
has put together on our behalf. The changes that are in this Agreement are very minor changes,
and all they do is reflect the changes that are necessary because of the time delays. This allows
the developer to purchase lots from us on the northern block. With the original language they are
requiring they divide the three lots across from Burger King to start with, with the developer's
speculative homes. It will probably be another month or so before they can sell those properties
to him. He does have four homeowners ready to start building on the northern block. Rather
than hold him up and his clients who want to build, staff thought they could change the
Development Agreement to allow that to happen. A couple of the other changes in the
Development Agreement really deal with the starting and the end date for acquisition by the
builder and then also it pushes back that end date for all of the construction to take place. It
really does not move it back much, it is about six months, and it does not affect our tax
increment financing in any way. To protect us, to protect the City, attorney Cerney also made
some minor changes in regards to the timing of the City utility installations. As they recall they
are redoing that portion of the street because they have to extend a water line and sewer line on
the southern block, and we are putting in new services on the northern block as well. In the
original Agreement they thought they were going to be able to get our utilities in prior to the
developer building, and that has not been the case. So it kind of happened simultaneously and
attorney Cerney has just built it into the Development Agreement to allow that to happen. Staff
is recommending they approve it with the changes that the HRA attorney has suggested and
made to the Agreement.
Chairperson Cornmers stated he found that the principle changes were there in Article XN on
page 12 and that is what Mr. Bolin is talking about, the public improvements and then Section
4.2A with the dates and the timing. Otherwise he thinks most of everything else is consistent
with what they looked at before.
Mr. Bolin stated, yes, the only other changes are really .just moving some of those dates from
April 15 to July 1.
3
those as a regular city project and then have the HRA reimburse them for those costs. They will
end up paying the contractors to do the work. They have gotten just an engineer's estimate on
the street and utility work, and they came in somewhere in the neighborhood of $270,000. There
is a bid opening he believed next week on the street project, and they will have some real costs
for that and a bid opening for the fence project will be coming up in the next week as well. They
will have real numbers and actual costs at that time. This resolution is really.just to give the City
some assurances that the HRA will in fact pay for the project when the work is completed.
Chairperson Commers commented it is just a question they will reimburse the City for the
actual costs associated with this and has nothing necessarily to do with the $500,000. It should
be added in there, upon receipt of the actual costs. Also, the HRA asked that they keep a running
track of the expenses on this project so that they can compare our estimated budgeted costs vs.
actual costs. So if he would assume if they have these bid openings coming up that next month
Mr. Bolin could update that tracking for them as far as the expenses are concerned.
Mr. Bolin stated to Chairperson Commers that the HRA could address his concern about the
actual costs in the final "Therefore, be it resolved" They could add the following language:
"That the Authority agrees to reimburse the City of Fridley for the actual costs necessary for the
completion of the public improvements in the Gateway West project area."
Chairperson Commers added: "...upon certification by the City of the actual costs."
MOTION by Commissioner Sclmabel, seconded by Commissioner Gabel, approving of
Resolution No. Authorizing Reimbursement to the City of Fridley Gateway West Public
Improvement Project with the following change:
Now, therefore, be it resolved that the Authority agrees to reimburse the City of Fridley
for the actual costs necessary for the completion of the public improvements in the
Gateway West project area upon certification by the City of the actual costs.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED.
• Approval of Cost Share Agreement with City for Demographic Data
Scott Hickok, Community Development Director, stated this is a request they have relative to
the Comprehensive Plan amendment they are now embarking upon and right now it looks like
certainly the Housing chapter we have had a closer look, the Land Use chapter, Transportation,
and Parks may have opportunity to make some amendments to. It is really important for us to
know who we are, where we are located, and how this information that they are asking the HRA
to share the cost of, differs from just census information is that census information is as they
know every ten years. Even by the time they get the census information back, it is a bit dated.
When they last embarked upon our Comprehensive Plan amendment, they had a final
amendment done in the year 2001. In the interim the new census data had come in, but the
census data itself is not even as broken down and as useful as they would like to see it. Excensus
is a company that has really built their reputation on taking the data in part from the census and
R
in documents for the HRA but no one from the public can come on as a subscriber for example.
The documents of course are public that we make from this agreement, but the public's ability to
get in and query the site is not going to be there.
Chairperson Commers asked, for example, where there are 390 people, aged 55 and above
living in Fridley, if they wanted to use that information for some purpose with a developer or
whatever, they could share that with them.
Mr. Hickok replied, yes, that is ours to use and a good example of how they would use it.
Commissioner Meyer stated he thought this was a great idea to keep tabs of our demographic
data and over the years they have had other firms come in and do, maybe not the same thing
exactly and maybe not as comprehensive or maybe more, but have they looked back at some of
the results from other collection agencies we have hired in the past? It seems to him they paid
something like $15,000 to a firm to analyze the demographics. Do they keep in mind other
collections that have been made in the past years so they either build or do not duplicate on
things?
Mr. Hickok replied, yes, absolutely. Maxfield Group is who they have used in the past, and
they were specifically requested and commissioned to do a housing study and to take a look at
populations, specifically relative to housing. This is a bit different. This really takes a different
angle /perspective on demographics and they may recall when they did the joint study with
Columbia Heights and Fridley relative to the Medtronic development and future development
that might occur, they used a group called Demographics Technologies. That is an earlier
company but now has been Excensus. So he can tell them that throughout the years in the
industry, they have a number of different tools they use than anyone else. As a matter of fact
those tools are becoming so important in the analytical world that the Census Bureau itself is
working with Excensus to use some of the modeling information that Excensus has developed.
So they are getting in a bit ahead of the curve, and the Census Bureau is very intrigued by this.
One of the things they do different is they do not just take census blocks which are larger block
neighborhood statistics but they take what they call "I- Blocks" which is every three households
so they are specific to the makeup of that household down to the three -house indicator size; and
that is really important to us because basically then no one is forgotten in these households. In a
census block there might be somebody who has not responded and it may be that the Census
Bureau has just moved on past that block. In the I -Block model they take every three households
and do not move on until they have a specific makeup of every three households. So it is still
generic enough that it does not say that at your address here is what is happening but it will say
in and of a block of three homes in your general area, here is what your general makeup is.
Chairperson Commers asked if this was only for one year? It is not an ongoing subscription if
they do not want to do it?
Mr. Hickok replied, it is not. If they find it is something they would like to do, they have an
opportunity then in upcoming years — it is cheaper; $1.05 initially which is more expensive than
subsequent years and so it is something they may want to do. Ideally, from a staff perspective,
he thinks they would like to keep a running grasp on what is happening with our population and
7
Dr. Burns asked if this was budgeted in both the City and HRA budgets?
Mr. Hickok replied it is budgeted on the city side and it is not specifically identified as a line
item in the HRA's budget and that is why it is being asked for here. It is similar to what we did
on the Medtronic or joint Columbia Heights/ Fridley efforts. The budget for the HRA is not as
specific as to call us out but it is on the city side.
Dr. Burns asked if there was room in the HRA budget to encompass this?
Mr. Hickok replied, yes.
MOTION by Commissioner Gabel, seconded by Commissioner Meyer approving the Cost
Share Agreement with City for Demographic Data
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED.
• Consider Membership to MN solutions for 2007 Legislative Session
Mr. Bolin stated Minnesota Solutions actually is a consortium of cities from across the state,
both from the metro area and from greater Minnesota as well. The purpose of the group is to
focus on different redevelopment issues that come up at the Legislature. This is a group who
keeps an eye on TIF legislation for us, is always fighting for redevelopment fiunding to make
more available for the various cities, and they have also had some success with getting more
money for soil contamination for brownfield sites. The HRA has been a member of this group
he believed for at least the last four years and maybe even longer. The director of the group, the
group's only employee, is `Bonnie Balach." She does an excellent job tracking legislative issues
on the behalf of the cities that belong to the group. During the legislative session she is down at
the Capitol almost 24 hours a day on our behalf. Any time an issue arises that one of our local
legislators is involved with, she is very good at getting a notice out to us right away. She keeps
track of all the different committee meetings and calls if there is something she feels we should
be making a trip to the Capitol for. She is one of the few people out there who advocates on
behalf of some of the older inner ring suburbs like Fridley. We do have redevelopment needs
that are often much different than out -state Minnesota and the suburbs a little further out. During
this past session, she did spend quite a bit of time working on a state redevelopment fund, and for
a number of years that. money has been going just to out -state Minnesota. She worked real hard
this year, trying to bring some of that money back to the metro area but unfortunately she did not
have any success. Her work has enabled City staff to keep up with a number of those changes
that happen during the middle of the legislative session. They do recommend that the HRA
participate in Minnesota Solutions for 2007. Our cost will be $1,500.
Mr. Bolin stated on a related note, now that the legislative session has just wrapped up, he
lanows Dr. Burns is working on an article for the City's newsletter, and HRA attorney, Jim
Casserly, plans on being at the July meeting with kind of an update and wrap -up of the session
for theirs as well.
9
supposed to and that 25 years from now the City is not going to get a bill from the MPCA
because some less than reputable outfit has demolished one of our homes and hauled everything
out by Stillwater somewhere and dumped it. We do like to work with Veit, and the price is very
comparable compared to the per -home price on the Gateway West project. Staff would
recommend the HRA approve and accept the proposal, and he can get a hold of Veit tomorrow
and get a date set for the demolition of that property.
Chairperson Commers asked if it was cheaper for our own demolition group brings it to the
ground first?
Mr. Bolin replied, no, not really. He has talked to the Fire Department a little bit about it. They
will most likely do some non - destructive training on the site if there is some time once Veit gets
the hazardous materials out. The biggest problem with them burning it to the ground is the hole
has to sit open for ten days before Veit can haul anything away. With the residential buildings
next to the site and the school (although it will be out of session) they really do not want that
liability.
Mr. Meyer asked Mr. Bolin if he knew for sure whether the demo includes removing the
foundations for the house, the garage, and the slab on grade?
Mr. Bolin replied, yes, it involves removing all the concrete. Everything. It also includes filling
of the hole and topsoil and seeding as well.
MOTION by Commissioner Schnabel, seconded by Commissioner Meyer, approving the
awarding of the demolition contract to Veit for 6000 East River Road.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED.
INFORMATIONAL ITEMS:
• Gateway NE Follow -Up
Mr. Bolin stated just to give a summary, when they had the joint meeting with City Council at
the begimling of April, they did get permission to work with Dan Wilson and Jim Casserly to try
and put some more realistic acquisition numbers on those properties. What they found out is the
properties would be very expensive to acquire, approximately $2.1 to about $2.4 million. Not
really enough usable land area to recover costs. Even if they looked at relocating the frontage
road, he still does not know if that would give them enough area to recover their costs. In their
analysis that was done, even once the land would be sold off to the developer and figuring the
tax increment revenue, it would only provide about $375,000 between both of those sources. So
that still leaves about a $2 million shortfall. One idea would be to include the property in a much
larger project, specifically with the Northstar Rail site and to that end they have recommended
this to the Council as well, that at some point probably later this surmner, the HRA have a joint
meeting with the Council to further discuss the potential of acquiring these sites and possibly
combining it with the rail station site as well.
1 1.
• Monthly Housing Report
Mr. Bolin stated in the month of May, on behalf of the HRA, the Center for Energy and
Environment sent out five new applications for our loan program. They closed on one new loan
through the loan fund. They closed on one of our home energy fund loans as well. This brings
us for the year only a total of three loans. He thinks part of that has to do with the fact that our
interest rate on our loan now is at 6 percent because we are tied to the State MFHA loan rates.
He knows people go out and shop with the banks and credit unions and they are going to find
that 6 percent is still a pretty good deal but he does not think people are used to hearing "6" yet.
They are still used to hearing 4 and 5 percent interest loans. That has not been the case since
December, and he does not see that changing any time soon. They are in the process of putting
out, or it may have already gone out, a direct mailing to Fridley residents promoting the loan
program and some of the other services they have. On the loan origination report itself, this
month a loan was given out for $7,400 and the year so far they have only loaned out $45,000.
As has been the case for the past few years, the types of units that were improved with the loans
were all single - family homes. The types of improvements that happened were bathroom
remodels, general plumbing, heating and electrical systems, room addition and some other
miscellaneous interior projects. The first year some siding, fascia, roofing, windows, and doors.
It really is the nuts and bolt things that need to happen to maintain a home in good shape. In that
way our program is successful. Looking at the performance report, this year we had budgeted to
do 50 loans to date. We are at 3 so we are very far behind in that goal which really surprises
him. He does talk to a number of people, in addition to the loan packets the CEE sends out, he
probably sends out on average two a day to people. When he mentions 6 percent, all of a sudden
people do not see quite as interested. However, perhaps once some of those people do their
homework they will realize it is a good deal and we will get some more applications in. They
did have one deferred loan already this year for $10,000.
Chair Commerce asked if our program allows them to buy the rate down a little bit more?
Mr. Bolin replied you certainly could. He believed it is just through a resolution that three or
four years ago it was tied to the MHFA loan fund. We tried to say 1.25 percent below that rate.
So that has caused our fluctuations. It would certainly be within their discretion and powers to
lower the interest rate if they would like to do that.
Chair Commerce stated maybe he could at least look into it.
Mr. Bolin replied, yes, he will check, too, with the Center for Energy and Environment and also
with Community Reinvestment Fund who actually services our loans and see, if changing our
rate to maybe 4 or 5 percent, that would have an impact on our contracts with theirs.
Dr. Burns stated he would imagine that the 6 percent is at least 2 points lower than the best
home equity rates. He knows a person who is paying prime plus a' /z and is paying about 8.
Chair Commerce stated maybe they should just wait and see what happens.
13
J-7V Housing & Redevelopment
1111111ki Authority
MY OF
FRIDLEY
Date: July 27, 2006
To: Dr. William Burns, Executive Director
From: Paul Bolin, Asst. Executive HRA Director
Subiect: Gatewav West — Letter of Credit
In preparation for the July 20th closing on the first 3 lots, some technical problems came
to light caused by our requirement that Blueprint Homes provide a letter of credit for the
remaining 13 lots. In essence, the bank will not issue a letter of credit unless they hold
a mortgage on the property.
Staff continues to work with legal council to identify potential courses of action,
including waiving the required letter of credit from Blueprint Homes. Legal Counsel will
continue to investigate options and work with staff to bring forward a recommendation
and provide you with more information at the meeting next Thursday.
AVV Housing & Redevelopment
ri Authority
MY OF
FRIDLEY
1 11
Date: July 27, 2006
To: Dr. William Burns, Executive Director
From: Paul Bolin, Asst. Executive HRA Director
Subiect: Gateway West — Addition to Street Proiect
The City Council awarded the street and utility project to Midwest Asphalt Corporation
on July 10, 2006. A total of 2 bids were submitted and Midwest Asphalt was the lowest
bid at $276,194.70.
While the Street and Utility project bid includes the utility and street work necessary for
the Gateway West redevelopment project, the bid specifications left out a "mill and
overlay" for the block between the two Gateway West properties. HRA and Community
Development Staff had always intended to do a "mill and overlay" of that street portion
to avoid a patchwork quilt effect on 3rd Street after the completion of the Gateway West
project. I am speculating that in an effort to save money for the HRA, this section was
eliminated from the bid specs as it was not necessary (from an engineering viewpoint)
to replace this section of roadway.
1-n-order-to-remed-y-th,e-situation,l-had-asked-M-id-w-es.t-A- spha.it-to-su.b-m.it-a-sepa,rate
estimate to mill and overlay that section of roadway between the two Gateway West
properties. They have indicated that they can do this additional work for $23,770.45.
Staff strongly recommends the HRA accept and approve Midwest Asphalt's addition to
the contract in the amount of $23,770.45 to aesthetically tie the two properties together.
Additionally, staff is waiting to receive a proposal from Midwest Asphalt to mill and
overlay the portion of 3rd Street from the northern edge of the Gateway West project up
to 61st Avenue and may have an additional recommendation next Thursday.
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James R. Casserly
jcassedy@krassmonroecom
Direct 952.885.1296
Gay L. Cerney
gcemey@krassmonme,com
Direct 952.885.4393
Also admitted in New York
KRASS
JMONROE
To: Commissioners of the Fridley Housing and Redevelopment Authority
William Burns, HRA Executive Director and City Manager
Paul Bolin, HRA Assistant Executive Director
Scott Hickok, Community Development Director
From: Gay Cerney, Esq.
James R. Casserly, Esq.
Date: July 27, 2006
Re: Gateway West/Contract for Private Redevelopment with Blueprint Homes -
Letter of Credit Requirement
Our File No. 9571-61
-you-are-awarejhe-H.R Ks- C. ontract-wfth-Btui-e -pmorvides fora —total
--
purchase price of $700,000 for the 16 single-family home lots. The Contract requires
Blueprint to purchase three home lots initially, and then at least two lots quarterly thereafter.
Under the Contract, Blueprint is required to pay cash for the lots at each closing, and
was also required to deliver a letter of credit at the first closing in the amount of the purchase
price for the remaining 13 home lots it did not purchase at the first closing. This was the
compromise that the HRA agreed to when Blueprint told HRA staff that it was not in a
position financially to purchase all 16 lots outright.
Blueprint has presold all three of the homes on the first three lots. In preparing for
the first closing on July 20, which was arranged on short notice so that Blueprint would not
lose one of its presale buyers, it became apparent that Blueprint had forgotten about the
letter of credit requirement and would be unable to deliver it by a July 20 closing. We
recommended to HRA staff and to Chairman Commers that the HRA proceed with the
closing provided that Blueprint agree to deliver the letter of credit by August 4. Chairman
8000 NORMAN CENTER DRIVE, SUITE 1000 • MINNEAPOLIS, MINNESOTA 55437-1178
TELEPHONE 952/885-5999 • FACSIMILE 952/885-5969
www.krassmonme.com
Commers agreed and the closing took place, with the HRA receiving its purchase price for
the first three lots of $131,250 ($130,353.87 net of closing costs).
Blueprint is now working with the First National Bank of Elk River to try to obtain a
letter of credit in the required amount of $568,750. The bank is unwilling to issue the letter
of credit without a first mortgage on the site, which is understandable from the bank's
perspective. Blueprint, as a small homebuilder, does not have other security it can provide
for the letter of credit. The HRA, equally understandably, is reluctant to grant a mortgage
since Blueprint has not paid for all of the lots.
Before we discuss the HRA's options, it is worthwhile to keep in mind the HRA's
ultimate goal, which is to have houses constructed on the vacant parcels. If Blueprint
becomes unable to complete construction the HRA can exercise its right of reverter to any
home lots already sold to Blueprint so that the lots can be sold to another builder. It is not
the HRA's goal to force Blueprint to buy the lots if Blueprint has no buyers or otherwise is
not in a position to build the homes.
As we see it, the HRA has two options in this situation:
(1) Since it appears that Blueprint's security for the letter of credit is the land itself, the
HRA could grant a first mortgage on the entire property to the bank to allow the
letter of credit to be issued. The bank will require the HRA to subordinate its right
of reverter to the mortgage; otherwise the bank would have paid on the letter of
credit but would not have the lots. If Blueprint defaults on the Contract — either by
failing to buy lots on schedule or by failing to build homes — the HRA will then draw
on the letter of credit and the bank will foreclose on all of the lots.
The HRA could agree to forego the requirement that Blueprint deliver the letter of
credit. If Blueprint defaults on the Contract, any unimproved lots owned by
Blueprint will revert back to the HRA, the HRA can terminate the Contract and is
then free to resell all of the unbuilt lots to another builder.
Option #1 would be preferable if the HRA's only goal were to recover the full
$700,000 purchase price for the land as quickly as possible, but Option #2 is preferable for
furthering the HRA's primary goal of achieving home construction on all of the lots as quickly
as possible (and also get paid for the land).
If Blueprint becomes unable to construct all the homes, the likelihood is that the HRA
will be inconvenienced more than it will be financially impacted. There is nothing about the
lot dimensions, setbacks, etc. that was "customized" for Blueprint's site plan and that would
render the lots unsaleable to another builder. The lots will be platted, will have all utilities
and would be readily marketable to another builder, although some time and expense may
be involved in locating another builder. The situation would be very different if Blueprint
defaulted in the middle of a condominium or townhome project, which would be difficult for
another builder to step into.
• Page 2
Given these considerations, it is our recommendation that the HRA pursue Option #2
and agree to waive the requirement of delivery of a letter of credit. Given the protection
already afforded by the right of reverter, plus the HRA's keeping title to lots until Blueprint is
ready to build, we think that drawing on a letter of credit may actually hinder the HRA's goal
of getting homes built.
G: \WPDATA\F\FRIDLEY\61 \CORHRA BOARD BURNS BOLIN HICKOK GC 02 DOC
• Page 3
Minnesota's New Eminent Domain Law
Session Laws 2006 — Chapter 214
Prepared by: Laura Harris, League of Minnesota Cities
651.281.1260, Iharris(a7lmnc.org
Sarah Erickson, Association of Metropolitan Municipalities
651.215.4000, sarah(a3amm145.org
During the 2006 legislative session, the legislature passed SF 2750, a bill restricting the use of
eminent domain and providing greater compensation to property owners. The bill was signed
into law (MN Session Laws 2006, Chapter 214) on May 19, 2006. The provisions of the new law
are summarized below.
Eminent Domain Authority
The new law provides that Minnesota Statutes, chapter 117, preempts all other laws that govern
eminent domain proceedings, except for authorized takings for drainage or town roads, or actions
taken by watershed districts under chapter 103D or drainage authorities under chapter 103E.
Under this new law, eminent domain may only be used for an authorized public use or public
purpose, which are defined in statute. The following are some of the key concepts and
restrictions contained in the new legislation:
Public use. Limits the use of eminent domain for a public use or public purpose, and defines
"public use" or "public purpose" as:
1. The possession, occupation, ownership, and enjoyment of the land by the general public, or
by public agencies;
2. The creation or function mg of a public service corporation'; or
3. Mitigation of a blight area, remediation of an environmentally contaminated area, reduction
of abandoned property, or removal of a public nuisance.
Provides that the public benefits of economic development, including an increase in tax base, tax
revenues, employment, or general economic health are not by themselves a public use or public
purpose.
Blighted area. Requires that the area be in urban use and that 50 percent of the buildings in the
area are structurally substandard. Defines "structurally substandard" as a building:
1. That has been inspected and cited for enforceable housing, maintenance, or building code
violations;
2. In which the building code violations involve specific structural aspects of the building (i.e.
roof, support walls and beams, foundation, internal utilities, etc.);
For the purposes of chapter 117, the definition of "public service corporation" is expanded to include airports, a
watershed district or drainage authority, and an entity operating a regional distribution center within an international
economic development zone.
Page 1 May 19, 2006
In which cited violations have not been remedied after two notices to cure noncompliance;
and
4. Where the cost to cure the violations is more than 50 percent of the assessor's taxable market
value for the building (excluding land value).
Authorizes a local government to seek an administrative search warrant to gain access to inspect
a building upon a showing of probable cause that a specific code violation has occurred, that the
violation has not been cured, and that the owner has denied the local government access to the
property. Items of evidence that may support probable cause may include recent fire or police
inspections, housing inspections, exterior evidence of deterioration, or other similar reliable
evidence of deterioration.
Environmentally contaminated area. Defines "environmentally contaminated area" as an area
where more than 50 percent of the parcels contain contamination and the estimated costs of
investigation, monitoring and testing, and remediation are more than the assessor's estimated
market value of the parcel, or in which the owner has not complied with a court order requiring
cleanup or remediation within a reasonable time.
Abandoned property. Defines "abandoned property" as property that has been unoccupied or
unused for at least 1 year; that has not been maintained; and for which taxes have not been paid
for at least the previous 2 years.
Public nuisance. Refers to Minnesota Statutes 609.74 as the definition of "public nuisance" for
eminent domain purposes.
Assemblage restrictions. Prohibits the taking of non - structurally substandard buildings and non -
contaminated parcels unless there is "no feasible alternative" in order to remediate blight or
contamination in the area and all possible steps are taken to minimize the taking of non -
structurally substandard buildings or non - contaminated parcels.
Evidentiary standard. Takings to mitigate a blighted area, remediate an environmentally
contaminated area, reduce abandoned property, or remove a public nuisance require a
preponderance of evidence showing if challenged in court. Provides that a court order approving
the public purpose, necessity, and authority for a taking is final unless an appeal is brought
within 60 days.
New Procedural Provisions*
The new law contains several changes to the eminent domain process prescribed in Minnesota
Statutes, chapter 117, including the following:
Appraisal and negotiation. Modifies the appraisal and negotiation requirements in Minnesota
Statutes 117.036 that currently apply for transportation purposes and applies these requirements
Public service corporations are exempted from the increased appraisal reimbursement caps, the new public notice
and hearing requirements, and the use of administrative law judges for arbitrating relocation benefit disputes.
Page 2 May 19, 2006
to all acquisitions. Adds a definition of "owner" which includes a fee owner, contract purchaser,
or business lessee. Requires the exchange of appraisals. Retains the current $1,500 appraisal
reimbursement cap for residential property and minimum damage acquisitions, but increases the
cap to $5,000 for other types of property. Provides that an appraisal must not be used or
considered in a condemnation commissioners' hearing unless a copy of the appraiser's written
report was provided to the opposing party at least five days before the hearing. Documentation
related to a loss of going concern claim must not be used or considered in a condemnation
commissioners' hearing unless the documentation is provided to the opposing party at least 14
days before the hearing.
Public notice and hearing. Establishes new public hearing requirements for takings to mitigate a
blighted area, remediate an environmentally contaminated area, reduce abandoned property, or
remove a public nuisance. Specifies certain notice requirements. Requires approval by the local
elected governing body at a subsequent meeting that is at least 30 days after the public hearing.
Requires the resolution authorizing eminent domain to identify the public costs and benefits
known or expected from the project and address how the acquisition serves a public use and why
the property is needed.
Right of first refusal. If a condemning authority determines that property has not been used and
is no longer needed for a public use, the authority must offer to sell the property back to the
person from whom it was acquired at the original price or the current fair market value,
whichever is lower. Exempts MnDOT acquisitions from this provision.
Relocation assistance determination by ALJ. Requires relocation assistance to be determined by
an administrative law judge under a contested case proceeding if the displaced person does not
accept the condemning authority's offer.
New Compensation- Pravisi *
The law contains several new provisions that will increase the cost of all eminent domain
proceedings, including those for traditional public uses, such as roads and parks. The new
provisions include the following:
Payment of attorney fees. Allows the court to award reasonable attorney fees and costs if the
final award is between 20% and 40% greater than the last written offer made by the condemning
authority before filing a condemnation petition. If the award is more than 40% greater than the
last written offer, then the court must award a property owner his or her attorney fees. Also
provides payment of attorney fees if a property owner successfully challenges public purpose.
Prohibits an award of attorney fees if the final judgment or award is less than $25,000. Specifies
that, for the purposes of determining the entitlement to attorney fees, the final award does not
include compensation for loss of going concern unless it was included in the last written offer
made by the condemning authority before filing the petition.
' Public service corporations are exempted from the new going concern compensation requirement, the minimum
compensation provision, the payment of attorney fees, and the higher reestablishment reimbursement cap for
displaced businesses.
Page 3 May 19, 2006
Going concern compensation. Requires compensation for loss of going concern if a business is
destroyed by a taking unless the condemning authority proves by a preponderance of evidence
that the loss is not due to the taking, the loss could have been avoided with reasonable measures,
or that going concern compensation would duplicate compensation otherwise being awarded.
Defines "owner" to include lessees who operate a business on real property that is the subject of
an eminent domain proceeding. Requires the owner to give the condemning authority notice of
intent to seek compensation for loss of going concern within 60 days of the first court hearing.
(NOTE: See appraisal and negotiation section for related requirements.)
Minimum compensation. Provides that when an owner must relocate, the amount of damages
payable must be sufficient to purchase a comparable property in the community, and not less
than the condemning authority's quick take deposit, so long as it does not duplicate
compensation otherwise being awarded. "Owner" is defined as the person or entity that holds fee
title to the property.
Limitations on acceptance replacement property. Provides that a condemning authority may not
require an owner to accept substitute or replacement property as part of the compensation due.
Also prohibits a condemning authority from requiring an owner to accept the return of property.
Re- establishment reimbursement. Requires an acquiring authority to reimburse up to $50,000 in
re- establishment expenses to displaced businesses.
Compensation for removal of a nonconforming use. Requires a local government to
compensate the owner of a nonconforming use if the local government requires its removal as a
condition of granting a permit, license, or other approval for a use, structure, development or
activity. This section is effective for city decisions made on or after the effective date.
Compensation for loss of driveway access. Requires compensation, not to exceed 3 years'
previous revenues minus costs of good sold, if a governmental entity permanently eliminates 51
percent or more of the driveway access to a business that results in a loss of revenues of 51
percent or more. Provides that the determination of whether the revenue was reduced must be
based on a comparison of the average revenues minus the average costs of goods sold for the 3
years prior to commencement of the project, with the revenues minus the costs of goods sold for
the year following completion of the project. Specifies that the installation of a median does not
constitute elimination of driveway access.
Effective Date
The law is generally effective the day following final enactment (May 20, 2006) and applies to
condemnation proceedings and eminent domain actions commenced on or after that date. For
purposes of the law, an action is deemed commenced when service of the notice of the petition is
made on the property owner. The law also identifies the following exceptions for certain actions
anticipated as part of a tax increment financing (TIF) plan, abatement project, or a special law:
1. The municipality approved a TIF plan by February 1, 2006, and a developer has acquired
property by May 1, 2006 in reliance on the condemning authority's contractual obligation to
Page 4 May 19, 2006
condemn property, or by May 1, 2006 the condemning authority has issued, sold or entered
into a binding agreement to issue or sell bonds to finance the TIF plan and has commenced
the condemnation action within 2 years after the bonds were issued; or
2. The TIF district was certified before February 1, 2006; a TIF plan, adopted before February
1, 2006, identified the property as intended to be acquired; and the condemning authority has
commenced the condemnation action within 5 years after certification of the district; or
3. The creation of a TIF district was authorized by special law before February 1, 2006, and the
condemning authority commences action within the period permitted under special law, not
to exceed 10 years; or
4. The condemning authority commences the action before February 1, 2011 to complete land
assembly for a project, financed in whole or part with abatement, and the resolution
authorizing abatement was adopted before February 1, 2006.
Actions commenced between February 1, 2006 and February 1, 2008 that satisfy one of these
four conditions are grandfathered in and are not subject to any of the provisions of the new law.
Actions which meet one of the four conditions, but which are not commenced until after
February 1, 2008 (and before the deadlines provided in the language) are not subject to the new
public use /public purpose requirements, but are subject to the compensation requirements and
other procedural provisions of the new law.
The law also provides an exception for actions to acquire property for highway projects that, by
the day following final enactment, have been selected to receive federal funding and in which
service of the notice of the petition is made on or before January 15, 2007. In addition, the law
includes an exception for acquisitions to provide physical or financial assistance for emergency
shelter and services for homeless persons in a first class city by a governmental unit or nonprofit
organization where service of the notice of the petition is made on or before two years after the
day following final enactment.
Provisions Not Adopted
The following provisions were part of the eminent domain bill that passed the House, but were
not enacted into law.
Historic preservation designations. Provided that an historic preservation designation adopted
on or after August 1, 2002 that reduced a property's fair market value or interfered with the
owner's use and enjoyment of the property is a regulatory taking that requires payment of just
compensation.
Inverse condemnation. Allowed a person to bring an inverse condemnation action against a city
that provides municipal solid waste collection services previously provided by private persons,
or limits the number of private persons permitted to provide solid waste collection services in a
manner that prevents a company currently operating in the community from continuing to do so.
Extraterritorial use. Prohibited the use of eminent domain outside a condemning authority's
jurisdiction unless the jurisdiction in which the property is located consents to the condemnation.
Page 5 May 19, 2006
Road access to private property. Prevented a road authority from using eminent domain to
establish a local road or street for access to private property of less than 5 acres that would serve
projected traffic of less than 100 average daily trips, unless it is landlocked, or the road is
necessary to cost - effectively mitigate safety concerns.
Contiguous nonconforming lots in common ownership. Prohibited a county, city or town from
refusing to issue a permit for construction of a single- family residence based on the common
ownership of a contiguous nonconforming lot or parcel, provided that contiguous nonconforming
lots or parcels in common ownership contain no more than 3 residential structures. In addition, a
local government could not prohibit the sale of a residential lot based on common ownership of a
contiguous nonconforming lot or parcel. This provision was narrowed in the committee process
to apply to shoreland lots and parcels.
Page 6 May 19, 2006
S.F. No. 275U5th Engrossment -84th Legislative Session (2005-2006) Page lofI3
A., Legislature Home I Links to the World I Help I A(
-Kinnesota Senate
House | Senate | Joint Departments and Commissions | Bill Search and Status | Statutes, Laws, and Rules
S.F. No. 275O. 5th Engrossment -84th Legislative Session Posted on May 1O.2OOO
1.1 A bill for Gnact
1.2 relating to eminent domain; making changes to and regulating the exercise
1.3 of eminent domain; providing for public use Vr purpose and providing other
1.4 definitions; providing for notice, hearing, and other procedural requirements;
1.5 providing for attorney fees and additional forms of co[npeRsation;arnoDding
1.0 Minnesota Statutes 2OD4. sections 117.O25|117.O3O;117.D55;117.O75.
1.7 subdivision 1;117.O85;117.51|117.52. subdivision 1'by adding subdivisions;
1.8 proposing coding for new law in Minnesota Statutes, chapter 117; repealing
1.8 Minnesota Statutes 2OO4' section 117.D11.
1.10 BE|T ENACTED BY THE LEGISLATURE C}F THE STATE C)FMINNESOTA:
1.11 Section 1. r117.0121 PREEMPTION; PUBLIC USE OR PURPOSE.
1.12 Subdivision 1. Preemption. Notwithstanding any other provision of law, including
1.13 any charter provision, ordinance, statute, or special law, all condemning authorities,
1.14 includinq home rule charter cities and all other political subdivisions of the state, must
1.15 exercise the power of eminent domain in accordance with the provisions of this chapter,
1.16 includinq all procedures, definitions, remedies, and limitations. Additional procedures,
1.17 remedies, or limitations that do not deny or diminish the substantive and procedural rights
118 and protections of owners under this chapter may be provided by other law, ordinance,
1.19 or charter.
1.20 Subd. 2. Reauirement of public use or public purpose. Eminent domain may
1.21 only be used for a public use or public purpose.
1.22 Subd. 3. Exceptions. This chapter does not apply to the taking of propeEty unde
1.23 laws relating to draina-ge or to town roads when those laws themselves express y provide
1.24 for the taking and specifically prescribe the procedure. The taking of property for a project
1.25 undertaken by a watershed district under chapter 103D or for a pro - ject undertaken by a
2.1 drainage authorily under chapter 103E may be carried out under the procedure provided
2.2 by those chapters.
2.3 Sec. 2. Minnesota Statutes 2OO4. section 117.025. ie amended to read:
2.4 117.025 DEFINITIONS.
2.5 Subdivision 1. Words, terms, and phrases.
2.0 iRdisates that a dige%Rt meaRiRq is iRteRded, For the purposes of this chapter and any
2.7 other general or special law authorizing the exercise of the power of eminent domain, he
2.8 words, terms, and phrases defined in this section have the meanings given them.
2.8 Gubd.2. Taking. "ToNno" and all words and phrases of like import include every
2.10 interference, under the right of eminent domain, with the possession, enjoyment, or value
2.11 of private property.
2.12 8ubd.3. Owner. "[)vvner" includes all persons
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2.13 in the property subiect to a taking, whether as proprietors, tenants, life estate holders,
2.14 encunnb[onoers' beneficial interest holders, or othenmise.
2.15 Gubd.4.Condmmmmima authoritv."CoOderOOiOqau[hohtv"means aDen*onor
2.16 entily with the power of eminent domain.
2]7 "Abandoned
2.18 been substantially unoccupied or unused for any commercial or residential purpose for at
2.19 least one year by a person with a legal or equitable right to occupy the prope!iy; (2) has not
2.20 been maintained; and (3) for which taxes have not been paid for at least two previous years.
2.21 Subd. 6. Bliahted area. "Bliahted area" means an area:
2.22
2.23 (2) where more than 50 percent of the buildings are structurally substandard.
2.24 "Structurally-substandard" means a buildinq:
2.25 (1) that was inspected by the appropriate local government and cited for one or more
2.28 enforceable housing, maintenance, or buildinq code violations;
2.27 (2) in which the cited building code violations, involve one or more of the following:
2.20 (i) a roof and roof framing element;
2.20 (ii) support walls, beams, and headers;
2.30 (iii) foundation, footings, and sub-grade conditions;
2.31 (iv) light and ventilation:
2.32 (v) fire protection, including e-gress,,
2.33 (vi) internal utilities, including electricity, gas, and water;
2.34 (vii) flooring and flooring elements; o
2.35 (viii) walls, insulation, and exterior envelope-,
3.1 (3) in which the cited housing, maintenance, or building code violations have not
3.2 been remedied after two notices to cure the noncompliance; and
3.3 (4) has uncured housing, maintenance, and building code violations, satisfaction
3.5 building, excluding land value, as determined under section 273.11 for property taxes
3.8 payable in the year in which the condemnation is commenced.
3.7 A local government is authorized to seek from a 'udge or magistrate an administrative
3.8 warrant to gain access to inspect a specific building in a proposed development or
3.8 redevelopment area upon showing of probable cause that a specific code violation has
3.10 occurred and that the violation has not been cured, and that the owner has denied the local
3.11 government access to the propeq. Items of evidence that may support a conclusion of
3.12 probable cause may include recent fire or police inspections, housing inspection, exterior
3.13 evidence of deterioration, or other similar reliable evidence of deterioration in the specific
3.14
3.15 "Environmentally
3.16 " means an area:
3.17 (1) in which more than 5
3.18 regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic
3.19 waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human
3.20 health or the environment under state or federal law or regulation: and
3.21 (2) for which the estimated costs of investigation, monitoring and testing, nd
3.22 remedial action or removal, as defined in section 11513.02, subdivisions 16 and 17,
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3.23 respectively, including any state costs of remedial actions exceed 100 percent of the
3.24 assessor's estimated market value for the contaminated parcel, as determined under section
3.25 273.11 for roperty taxes payable in the year in which the condemnation commenced, or
3.26 for which a court of competent jurisdiction has issued an order under law or regulations
3.27 adopted by Minnesota or the United States that clean up or remediation of a contaminated
3.28 site occur and the property owner has failed to comply with the court's order within
3.29 a reasonable time.
3.30 Subd. 9. Public nuisance. "Public nuisance" means a public nuisance under
3.31 section 609.74.
3.32 Subd. 10. Public service corporation. "Public service corporation" means a
3.33 utilily , as defined by section 116C.52 subdivision 10• gas electric, telephone, or cable
3.34 communications company: cooperative association; natural gas pipeline company; crude
3.35 oil or petroleum products pipeline company; municipal utility; municipality when
3.36 operating its municipally owned utilities: joint venture created pursuant to section 452.25
4.1 or 452.26; or municipal power or gas agency. Public service corporation also means a
4.2 municipality or public corporation when operating an airport under chapter 360 or 473 a
4.3 common carrier, a watershed district or a drainage authority. Public service corporation
4.4 also means an entity operating a regional distribution center within an international
4.5 economic development zone designated under section 469.322.
4.6 Subd. 11. Public use; public purpose. (a) "Public use" or "public purpose" means,
4.7 exclusively:
4.8 (1) the possession occupation ownership and enjoyment of the land by the general
4.9 public or by public agencies;
4.10 (2) the creation or functioning of a public service corporation; or
4.11 (3) mitigation of a blighted area remediation of an environmentally contaminated
4.12 area reduction of abandoned property, or removal of a public nuisance.
4 1-3 (W Th-e-pubiic- benefits -of aconomic- development - including -an- increase -in -tax -base,
4.14 tax revenues employment or general economic health do not by themselves constitute
4.15 a public use or public purpose.
4.16 Sec. 3. [117 0271 CONDEMNATION FOR BLIGHT MITIGATION AND
4.17 CONTAMINATION REMEDIATION.
4.18 Subdivision 1. Buildinas that are not structuraliv substandard in areas of blight
4.19 mitigation, alternatives. In taking property to mitigate blight, a condemning
4.20 authority must not take buildings that are not structurally substandard unless there is no
4.21 feasible alternative to the taking of the parcels on which the buildings are located in
4.22 order to remediate the blight and all possible steps are taken to minimize the taking of
4.23 buildings that are not structurally substandard.
4.24 Subd. 2. Uncontaminated property in environmental contamination
4.25 remediation areas: feasible_ alternatives. In taking_ property to remediate environmental
4.26 contamination a condemning authority must not take uncontaminated parcels in the area
4.27 unless there is no feasible alternative to the taking of the uncontaminated parcels in order
4.28 to complete remediation of the contaminated parcels and all possible steps are taken to
4.29 minimize the taking of the uncontaminated parcels.
4.30 Subd. 3. Contribution to condition by developer disallowed. If a developer
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4.31 involved in the redevelopment of the project area contributed to the blight or environmental
4.32 contamination within the project area the condition contributed to by the developer must
4.33 not be used in the determination of blight or environmental contamination.
4.34 Sec. 4. [117.0311 ATTORNEY FEES.
5.1 (a) If the final judgment or award for damages, as determined at any level in the
5.2 eminent domain process, is more than 40 percent greater than the last written offer of
5.3 compensation made by the condemning authority prior to the filing of the petition, the
5.4 court shall award the owner reasonable attorney fees, litigation expenses, appraisal fees,
5.5 other experts fees, and other related costs in addition to other compensation and fees
5.6 authorized by this chapter. If the final judgment or award is at least 20 percent, but not
5.7 more than 40 percent, greater than the last written offer, the court may award reasonable
5.8 attorney fees, expenses, and other costs and fees as provided in this paragraph. The final
5.9 judgment or award of damages shall be determined as of the date of taking. No attorney
5.10 fees shall be awarded under this paragraph if the final judgment or award of damages
5.11 does not exceed $25,000. For the purposes of this section, the "final judgment or award
5.12 for damages" does not include any amount for loss of a going concern unless that was
5.13 included in the last written offerer the condemning authority.
5.14 (b) In any case where the court determines that a taking is not for a public use or
5.15 is unlawful, the court shall award the owner reasonable attorney fees and other related
5.16 pApenses, fees and costs in addition to other compensation and fees authorized by this
5.17 chapter.
5.18 Sec. 5. Minnesota Statutes 2004, section 117.036, is amended to read:
5.19 117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS
5.20 APPI='GABI=E T-9 AGWISITIGN 9F PROPERTY FOR T-RANSPE)RTATION
5.22 Subdivision 1. Application. This section applies to the acquisition of property
5.23 feF publie highways, GtFeets, Feeds, alleys, BiFPe145, FASSS tffl%it feeilities, OF feF etheF
5.24 tFaRSP814ati8H faeilitieG OF-pufpe9ee-.uqnder this chapter.
5.25 Subd. 1a. Definition of owner. For the purposes of this section, "owner" means
5.26 fee owner, contract purchaser, or business lessee who is entitled to condemnation
5.27 compensation under a lease.
5.28 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under
5.29 this chapter, the acquiring authority must obtain at least one appraisal for the property
5.30 proposed to be acquired. In making the appraisal, the appraiser must confer with one or
5.31 more of the owners of the property, if reasonably possible, At 'east 29 Notwithstanding
5.32 section 13 44 the acquiring authority must provide the owner with a copy of each
5.33 appraisal the acquiring authority has obtained for the property at the time an offer is
5.34 made, but no later than 60 days before presenting a petition under section 117.055, toe,
5.35 9e"iFi19@ allthOFity fflblSt PFOYIde the 8WReF With a eepy ef the 8PPF8 and inform the
6.1 ewReF ef the 9wReF'S' owner of the right to obtain an appraisal under this section. Upon
6.2 request, the acquiring authors must make available to the owner all appraisals of the
6.3 property. If the acquiring authority is considering both a full and partial taking of the
6.4 property, the acquiring authority shall obtain and provide the owner with appraisals for
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8.5 both types of takings.
8.6 (b) The owner may obtain aD appraisal bva qualified appraiser Cf the property
6.7 proposed kJbe acquired. The owner is entitled to reimbursement for the reasonable costs
0.8 of the appraisal from the acquiring authority upb]G maximum oJ$1'5O0
6.9 a#eF the for single family and two-family residential prope and minimum dama, e
0.10 owner submits to
0.11 the acquiring authority the information necessary for reimbursement, PFO'Ad8d that the
6.12
6.13 W19deF PE1F8@F8Ph ( including a copy of the owners appraisal, at least five days before
6.14 a condemnation commissioners' hearing. For purposes of this paragraph, a "minimum
6.15 damage acquisition" means an interest in propeqy that a qualified person with.,appraisal
6.16 knowledge indicates can be acquired for a cost of $10,000 or less.
6.17 (c) The acquiring authority must pay the reimbursement to the owner within 30
6.18 days after receiving a copy of the appraisal and the reimbursement information. Upon
0.10 agreement between the acquiring authorily and the owner, the acquiring authority may pay
6.20 the reimbursement directly to the appraiser.
6.21 Subd. 3. Negotiation. In addition to the appraisal requirements under subdivision 2,
6.22 before commencing an eminent domain proceeding, the acquiring authority must make a
8.23 good faith attempt kJ negotiate personally with the owner of the property iO order bJ
6.24 acquire the property by direct purchase instead of the use of eminent domain proceedings.
0.25 |n making this negotiation, the acquiring authority must consider the appraisals inits
6.20 poaseseion
6.27 and other information that may be relevant to a determination ofdamages under this
6.28 chapter. If the acquiring authority is considering both a full and partial taking of the
8.29 proppay, the acquiring authority must make a good-faith attempt to negotiate with respect
6.30 to both types of takings.
6.32 used or considered in a condemnation commissioners' hearing, nor may the appraiser who
0.33 pLepared the appraisal testify, unless a copy of the appraisers written report is provided to
6.34 the opposing party at least five days before the heaE[M
8.35 Subd. 5. Documentation of business loss. Documentation related to a loss of
6.36 goinq concern claim made under section 117.186, must not be used or considered in
7.1 a condemnation commissioners' hearing unless the documentation is provided to the
7.2 opposing a!jy at least 14 days before the hea[[M
7.3 Sec. O. [117.04121 LOCAL GOVERNMENT PUBLIC HEARING
7.4
7.5 Subdivision 1. Definitions. For the purposes of this section:
7.6 (1) "local aovernment" means the elected _qovernir)_q body of a statutory or home
7.7 rule charter cily, counly, or township'. and
7.8 (2) "local government agency" means a subdivision, agency, authorily, or other
7.9 entity created by or whose members are appointed by the local government, including a
7.10 port authority, economic development authorily, housing and redevelopment authority, or
7.11 other similar entijy established under law.
7.12 Subd. 2. Public hearing;.yote by local government governing body. �Uf
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7.13 the taking is for the mitigation of a blighted area, remediation of an environme
714 contaminated area, reducing abandoned prope0y, or removinq a public nuisance, a publi
7.15 hearing must be held before a local government or local government agen commences
gy
7.10 an eminent domain proceeding under section 117.055. The local government must
717 notifv each owner of property that may be acquired in writing by certified mail of the
7.18 public hearing on the proposed taking, post the public hearing information on the local
7.18 government's Web site, if any, and publish notice of the public hearing in a newspaper
7.20 of cieneral circulation in the local government's iurisdiction. Notice must be provided at
7.21 least 30 days but not more than 60 days before the hearing.
7.22 (b) Any interested person must be allowed reasonable time to present relevant
7.23 testimony at the public hearing. The proceedings of the hearing must be recorded and
7.24 available to the public for review and comment at reasonable times and a reasonable place.
7.25 At the next regular meeting of the local government that is at least 30 days after the public
7.20 hearing, the local government must vote on the question of whether to authorize the local
7.27 government or local government agency to use eminent domain to acquire the propeaL.
7.28 Subd. 3. Resolution. If the taking is for the mitigation of a blighted area,
7.29 remediation of an environmentally contaminated area, reducing abandoned propedy, o
7.30 removing a public nuisance, then the resolution of a local government or local government
7.31 agency authorizing the use of eminent domain must:
7.32 (1) identify and describe the public costs and benefits that are known or expected
7.33 to result from the program or project for which the property interest is proposed to be
7.34 gpquired; and
8.1 (2) address how the acquisition of the property interest serves one or more identified
8.2 public uses or public purposes and why the acquisition of the prope[ty is needed to
8.3 accomplish those public uses or public purposes.
Se-(�T7.-Minn-e-s-ota-Statutes-2004, section 117.055, is amended-to-read.
8.5 117.055 PETITION AND NOTICE.
8.6 Subdivision 1. Petition. |n all cases a petition, describing the desired land, stating bv
8.7 whom and for what purposes itis proposed tobe taken, and giving the names of all persons
8.8 appearing of record or known to the petitioner to be the owners thereof shall be presented
8.8 to the district court of the county in which the land is situated praying for the appointment
8.10 Vf commissioners to appraise the damages which may be occasioned by such taking.
8.11 (pANoUCe of the objects of the petition and of the time and place of
8.12 presenting the same shall bo served at least 2O days before such time of presentation upon
8.13 all persons named in the petition asowners as defined insection 117.O25' subdivision 3.
8.14 and upon all occupants of such land inthe same manner asa summons ino civil action.
8.15 (b) The notice must state that:
8.16 (1) a part - e the public use or public purpose, necessily, o
y wishing to challeng
8.17 authority for a taking must appear at the court hearing and state the obiection or must
8.18 appeal within 60 days of a court orde[LqrLd
8.19 (2) a court order approving the public use or public purpose, necessity, and authority
8.20 for the taking is final unless an appeal is brought within 60 days after service of the
8.21 order on the party.
Ilf any such owner be not a resident of the state, or the owner's place of residence
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8.23 be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the
8.24 petitioner's agent or attorney, stating that the petitioner believes that such owner is not
8.25 a resident of the state, and that the petitioner has mailed a copy of the notice 1othe
8.26 owner at the owner's place of residence, or that after diligent inquiry the owner's place
8.27 of residence cannot be ascertained by the affiant, then service may be made upon such
8.28 owner by three weeks' published notice. If the state be an owner, the notice shall be
8.29 served upon the attorney general. Any owner not served as herein provided shall not be
8.30 bound by such proceeding except upon voluntarily appearing therein. Any owner shall
8.31 be furnished a right-of-way map or plat of all that part of land to be taken upon written
8.32 demand, provided that the petitioner shall have ten days from the receipt of the demand
8.38 within which to furnish the same. Any plans or profiles which the petitioner has oho|| be
8.34 made available to the owner for inspection.
9.1 Sec. 8. Minnesota Statutes 20O4. section 117.O75, subdivision 1'io amended toread:
9.2 Subdivision 1.Hearing on taking; (s)UpVD proof being
9.3 filed ofthe service of such notice, the court, at the time and place therein fixed or to which
9.4 the hearing may be adjourned, shall hear all competent evidence offered for or against the
9.5 granting of the petition, regulating the order of proof agit may deem best.
9.6 (b) If the taking is for the mitigation of a blighted area, remediation of an
0.7 environmentally contaminated area, reducing abandoned prope L-ty, or removing a
9.8 ppblic nuisance, then, notwithstanding any other provision of general or special law, a
9.9 condemninq authorily must show the district court by preponderance of the evidence that
9. 10 the taking is necessa!y and for the designated public use.
8.11 (c) A court order approving the public use or public purpose, necessity, and authority
9.12 for the taking is final unless an appeal is brought within 60 days after service of the
8.13 order on the pa[�t.
9.14 Sec. Q. Minnesota Statutes 2UO4` section 117.O85.io amended toread:
0.15 117.085 COMMISSIONERS, POWERS, DUTIES.
9.18 The commissioners, having been duly sworn and qualified according to law, shall
0.17 meet ae directed bvthe order of appointment and hear the allegations and proofs nfall
8.18 persons interested touching the matters tn them committed. They may adjourn from time
9.19 to time and from place to place within the county, giving oral notice 1Vthose present of
9.20 the time and place of their next meeting. All testimony taken by them shall be given
9.21 publicly, under oath, and in their presence. They shall view the premises, and any of
9.22 them may subpoena witnesses, which shall be served as subpoenas in civil actions are
8.23 served, and at the cost of the parties applying therefor. |f deemed necessary, they may
9.24 require the petitioner or owner to furnish for their use nnaps, plats, and other information
9.25 which the petitioner or owner may have showing the nature, character, and extent of the
8.26 proposed undertaking and the situation of lands desired therefor. In proper cases they
9.27 may reserve to the owner a right-of-way or other privilege in or over the land taken, or
9.28 attach reasonable conditions to such taking in addition to the damages given or they may
9.29 make an alternative award, conditioned upon the granting or withholding of the right
9.30 specified. Without unreasonable delay they shall make a separate assessment and award
9.31 of the damages which in their judgment will result to each of the owners of the land by
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9.32 reason of such taking and report the same to the court. The commissioners shall not
9.33 reduce the amount Cf the damages awarded because the land being taken is, ad the time
9.34 of the taking, valued under section 273.111' designated ason agricultural preserve under
9.35 chapter 473H. The commissioners, in all such proceedings, may iO their discretion allow
10.1 and show separately iD addition tothe award of damages, reasonable appraisal fees not 0o
10.2 exceed a total of
10.3 minimum damage acquisitions and $5,000 for other types of property, unless the appraised
10.4 fee was reimbursed under section 117.036. Upon request of an owner the commissioners
10.5 shall show in their report the amount ofthe award nf damages which ietoreimburse the
10.6 owner and tenant o[ lessee for the value of the land taken, and the amount nf the award nf
10.7 damages, if any, which is to reimburse the owner and tenant or lessee for damages to the
10.8 remainder involved, whether or not described in the petition. The amounts awarded to
10.0 each person shall also be shown separately. The commissioners shall, if requested by any
10.10 party, make an express finding ofthe estimated cost of removal and remedial actions that
10.11 will be necessary onthe taken property because of existing environmental contamination.
10.12 Sec. 10. [117.1841 COMPENSATION FOR REMOVAL OF LEGAL
10.13 NONCONFORMING USE.
10.14 (a) Notwithstanding any law to the contra!y, an ordinance or regulation of a political
10.15 subdivision of the state or local zoninq authority that requires the.removal of aigggl
10.16 nonconforming use as a condition or prerequisite for the issuance of a permlit, licenseor
10.17 other approval for any use, structure, development, or activity constitutes a taking and
10.18 is prohibited without the payment of just compensation. This section does not apply i
10.19 the permit, license, or other approval is requested for the construction of a building or
10.20 structure that cannot be built without physically moving the nonconforming use.
10.21 (b) This section applies.to an action of a political subdivision of the state or a local
10.23 of a legal nonconforming use as a condition or prerequisite for the issuance of a permit
10.24 license, or other. approval.
10.25 Gao 11. [117.1861 COMPENSATION FOR LOSS OF GOING CONCERN.
10.26 Subdivision 1. Definitions. For purposes of this section:
10.27 (1) "goin result
-q concern" means the benefits that accrue to a business or trade as a
10.28 of its location, reputation for dependabilfty, skill or quality, customer base, good will, o
10.29 any other circumstances resulting in the probable retention of old or acquisition of new
10.30 patronage; and
10.31 (2) "owner" has the meaning given in section 117.025 and includes a lessee who
10.32 operates a business on real property that is the subiect of an eminent domain proceeding.
11.1 Subd. 2. Comr)ensation for loss of going concern. If a business or trade is
11.2 destroyed by a taking
, the owner shall be compensated for loss of going concern, unless the
11.3 condemning authorily estab,lishes any of the following by a preponderance of the evidence:.
11.4 (1) the loss is not caused by the taking of the prope[ty or the injury to the remainder;
11.5 (2) the loss can be reasonably prevented by relocating the business or trade in the
11.6 same or a similar and reasonably suitable location as the properly that was taken, or by
117 taking steps and adopting
, procedures that a reasonably prudent person of a similar age
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11.8 and under similar conditions as the owner, would take and adopt in preserving the.
going
11.9 concern of the business or trade; o
11.10 (3) compensation for the loss of going concern will be duplicated in the
11.11 compensation otherwise awarded to the owner.
1112 Subd. 3. Procedure. In all cases where an owner will seek compensation for loss
11.13 of a qoin_q concern, the damages, if any, shall in the first instance be determined by the
11.14 commissioners under section 117.105 as part of the compensation due to the owner. The
11.15 owner shall notify the condemning authority of the owner's intent to claim compensation
11.16 for loss of going concern within 60 days of the first hearing before the court, as provided
11.17 in section 117.075. The commissioner's decision regarding any award for loss of going
11.18 concern may be appealed by any party, in accordance with section 117.145.
11.18 Subd. 4. Driveway access. A business owner is entitled to reasonable compensation,
11.20 not to exceed the three previous years' revenues minus the cost of goods sold, if the
11.21 owner establishes that the actions of a government entily permanently eliminated 51
11.22 pg_rcent or greater of the driveway access into and out of a business and as a result of the
11.23 loss of driveway access, revenue at the business was reduced by 51 percent or greater.
11.24 Determination of whether the revenue at the business was reduced by 51 percent or greater
11.25 must be based on a comparison of the average revenues minus the average costs of goods
11.26 sold for the three years prior to commencement of the proiect, with the revenues minus
11.27 the costs of goods sold for the year following completion of the project. A claim for
11.20 compensation under this section must be made no later than one year after completion of
11.28 the project which eliminated the driveway access. The installation of a median does not
11.30 constitute elimination of driveway access.
11.31 Sec. 12. [117.1871 MINIMUM COMPENSATION.
11.32 When an owner must relocate, the amount of damages payable, at a minimum, must
11.34 less than the condemning authorily's payment or deposit under section 117.042, to the
11.35 extent that the damages will not be duplicated in the compensation otherwise awarded
12.1 to the owner of the property. For the purposes of this section, "owner, is defined as the
12.2 p,��rson or entily that holds fee title to the prope[ty.
12.3 Sec. 13. [117.1881 LIMITATIONS.
12.4 The condemnina authoritv must not require the owner to accept as part of the
12.5 compensation due any substitute or replacement proper1y. The condemning authority
12.6 must not require the owner to accept the return of propertv acquired or anv Portion of the
12.7
12.8 Sec. 14.[117.1891
12.9 Sections 117.O31:117.D3O:117.O55. subdivision 2.r)oraqn3r)h(b);117.186; 117.1B87�
12.10 117.188; and 117.52, subdivisions 1 a and 4, do not apply to public service corporations.
12.11 For purposes ofan award of appraisal fees under section 117.O8
12.12 not exceed $500 for all types of prop
12.13 Sec. 15. rl 17.2261 RIGHT OF FIRST REFUSAL.
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12.14 (a) Except as provided in sections 15.16 160.85 161.16 161.20, 161,202, 161.23
12.15 161.24 161.241 161.43, 161.46, and 222.63, if the governing body of the condemning
12.16 authority determines that publicly owned properly acquired under this chapter has not
12.17 been used and is no longer needed for a public use, the authority must offer to sell the
12.18 property to the owner from whom it was acquired, if the former owner can be located. The
12.19 offer must be at the original price determined by the condemnation process or the current
12.20 fair market value of the property, whichever is lower, except to the extent that a different
12.21 value is required for a property interest obtained with federal highway funding under
12.22 United States Code title 23. Before offering surplus property to local governments or for
12.23 public sale under section 166.282 or 94.10 the commissioner of administration or natural
12.24 resources must offer to sell the property to the former owner as provided in this section.
12.25 (b) If the former owner cannot be located after a due and diligent search or declines
12.26 to repurchase the property, the attorney for the condemning authority shall prepare a
12.27 certificate attesting to the same and record the certificate in the office of the county
12.28 recorder or county registrar of titles, as appropriate to evidence the termination of the
12.29 right of first refusal. A recorded certificate to that effect is prima facie evidence that the
12.30 right of first refusal has terminated.
12.31 Sec. 16. Minnesota Statutes 2004, section 117.51, is amended to read:
12.32 117.51 COOPERATION WITH FEDERAL AUTHORITIES.
13.1 In all acquisitions undertaken by any acquiring authority and in all voluntary
13.2 rehabilitation carried out by a person pursuant to acquisition or as a consequence thereof,
13.3 the acquiring authority shall cooperate to the fullest extent with federal departments and
13.4 agencies, and it shall take all necessary action in order to insure, to the maximum extent
13.5 possible, federal financial participation in any and all phases of acquisition, including the
13.6 provision of relocation assistance, services, payments and benefits to displaced persons.
BY-ORRSid - - - - - -
13.8 expeAses Bf a dispiaeed busiHess.
13.9 Sec. 17. Minnesota Statutes 2004, section 117.52, subdivision 1, is amended to read:
13.10 Subdivision 1. Lack of federal funding. In all acquisitions undertaken by any
13.11 acquiring authority and in all voluntary rehabilitation carried out by a person pursuant
13.12 to acquisition or as a consequence thereof, in which, due to the lack of federal financial
13.13 participation, relocation assistance, services, payments and benefits under the Uniform
13.14 Relocation Assistance and Real Property Acquisition Policies Act of 1970, United States
13.15 Code, title 42, sections 4601 to 4655, as amended by the Surface Transportation and
13.16 Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 101, pages 246
13.17 to 256 (1987), are not available, the acquiring authority, as a cost of acquisition, shall
13.18 provide all relocation assistance, services, payments and benefits required by the Uniform
13.19 Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by
13.20 the Surface Transportation and Uniform Relocation Assistance Act of 1987, and those
13.21 regulations adopted pursuant thereto, and either (1) in effect as of july 1, 49888 January 1,
13.22 2006, or (2) becoming effective after July 1, 1988 January 1, 2006, following a public
13.23 hearing and comment. Comments received by an acquiring authority within 30 days after
13.24 the public hearing must be reviewed and a written response provided to the individual or
http: / /www.revisor.leg. state.mn.us/ bin /bldbill.php ?hill= S2750.5.html &session =ls84 &print =l 8/3/2006
S.F. No. 2750, 5th Engrossment - 84th Legislative Session (2005 -2006) Page 11 of 13
13.25 organization who initiated the comment. The response and comments may be addressed in
13.26 another public hearing by the acquiring authority before approval.
13.27 Sec. 18. Minnesota Statutes 2004, section 117.52, is amended by adding a subdivision
13.28 to read:
13.29 Subd. 1a. Reestablishment costs limit. For purposes of relocation benefits paid by
13.30 the acquiring authority in accordance with this section, the provisions of Code of Federal
13.31 Regulations title 49 section 24.304 with respect to reimbursement of reestablishment
13.32 expenses for nonresidential moves are applicable except that the acquiring authority shall
13.33 reimburse the displaced business for expenses actually incurred up to a maximum of
13.34 $50000.
14.1 Sec. 19. Minnesota Statutes 2004, section 117.52, is amended by adding a subdivision
14.2 to read:
14.3 Subd. 4. Relocation assistance amount determined by administrative law
14.4 judge. Notwithstanding any law or rule to the contrary, if a person entitled to relocation
14.5 assistance under this section does not accept the acquiring authority's offer, the acquiring
14.6 authority must initiate contested case proceedings under sections 14.57 to 14.66 for a
14.7 determination of the relocation assistance that must be provided by the acquiring authority.
14.8 The administrative law judge's determination of relocation assistance that the acquiring
14.9 authority must provide constitutes a final decision in the case as provided in section 14.62,
14.10 subdivision 4. The acquiring authority must pay all costs of the proceedings. "Costs" is
14.11 defined in section 15.471 subdivision 4 and also includes charges billed by the Office of
14.12 Administrative Hearings for the proceedings.
14.13 Sec. 20. REVISOR'S INSTRUCTION.
14 -14 Tfi�e revisor shall change the phrase "ri -ght of- eminent - domain "where- found -in
14.15 Minnesota Statutes and Minnesota Rules to "power of eminent domain."
14.16 Sec. 21. REPEALER.
14.17 Minnesota Statutes 2004 section 117.011, is repealed.
14.18 Sec. 22. EFFECTIVE DATE.
14.19 (a) This act is effective the day following final enactment and applies to actions
14.20 commenced on or after that date. Section 15 applies to the disposition of property acquired
14.21 by actions commenced on or after that date.
14.22 (b) Notwithstanding paragraph (a) the provisions of this act do not apply to actions
14.23 commenced on or before February 1 2008 for a project that satisfies one of the following
14.24 conditions:
14.25 (1) with respect to property identified as intended to be acquired in a tax increment
14.26 financing plan as approved by the municipality by February 1, 2006, if the condemning
14.27 authoritl has satisfied one or more of the following conditions in connection with the tax
14.28 increment financing plan:
14.29 (i) the developer has acquired property by May 1, 2006, in reliance on the
14.30 condemning authority's contractual obligation to condemn property: or
http: / /www. revisor. leg .state.nm.us /bin/bldbill.php? bill= S2750.5.html &session =1s84 &print = 1 8/3/2006
S.F. No. 2750, 5th Engrossment - 84th Legislative Session (2005-2006) Page 12 of 13
14.31 (ii) by May 1, 2006, the condemning authority has issued, sold, or entered into a
14.32 binding agreement to issue or sell bonds or other obligations to finance the costs of the
15.1 tax increment financing plan and has commenced the action within two years after the
15.2 bonds were issued;
15.3 (2) the tax increment financing district was certified before February 1, 2006; a tax
15.4 increment financing plan, adopted before Februar y 1, 2006, identified the property as
15.5 intended to be acquired; and the condemning authority has commenced the action within
15.6 five years after certification of the district;
15.7 (3) creation of the tax increment financing district was authorized under a special
15.8 law that received local approval or became effective without local approval before
15.9 February 1, 2006, and the condemning authority commences the action within the time
15.10 period permitted under the applicable -general or special law for making expenditures to
15.11 comply with Minnesota Statutes, section 469.1763, subdivision 3, but not to exceed a
15.12 ten-year period; or
15.13 (4) the condemning authority commences the action before February 1, 2011, to
15.14 complete land assembly for a project, financed in whole or in part with abatement under
15.15 Minnesota Statutes, sections 469.1813 to 469.1815, and the abatement resolution was
15.16 p - political subdivisions before February 1, 2006.
adopted by one of the participating
15.17 (c) Notwithstanding pa,ragraphs (a) and (b), actions commenced after February 1,
15.18 2008, that satisfy the requirements of paragraph (b), clauses (1) to (4), are not subject to
15.19 the definition of "public use" and "public purpose" under Minnesota Statutes, section
15.20 117.025, as amended by this act. The rest of the act applies to the actions.
15.21 (d) The definitions under Minnesota Statutes, section 469.174, apply for purposes
15.22 of paragraphs (b) and (c).
15.23 (e) The provisions of this act do not apply to:
15.24 (1) property acquired for a highway pr6ect that by the effective date, has been
-1-5-25--seleated-to -receivefe-de-ral-fu-n-ding-
. by the area tMp�sportatkgopartnership ar-metropolitan
15.26 planning organization as part of the state transportation improvement program, if the
15.27 action is commenced on or before January 15, 2007; or
15.28 financial assistance for
15.29 emergency shelter and services for homeless persons in a first class city by a governmental
15.30 unit or nonprofit organization, if the action is commenced on or before two years after
15.31 the effective date.
15.32 (D For purposes of this section, the following terms have the meanings given:
15.33 (1) "action" means a condemnation or eminent domain proceeding or action; and
15.34 (2) "commence" means when service of notice of the petition under Minnesota
15.35 Statutes, section 117.055, is made.
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.
http://www.revisor.leg.state.mn.uslbinlbldbill.php?bill=S2750.5.html&session=ls84&print=l 8/3/2006
Fridley HRA
Housing Program Summary
Cover Page
August 3, 2006 HRA Meeting
Report Description
Loan Application Summary Loan application activity (e.g. mailed
out, in process, closed loans) for May,
2006 and year-to-date.
Loan Origination Report
Loan Servicing Report
Remodeling Advisor &
Operation Insulation
Loan originations for July 2006 and
year-to-date.
Loan servicing by Community
Reinvestment Fund (CRF) for the month
of June 2006. Note, that the loan
servicing reports are usually available
10 days after month end.
Shows the number of field appointments
scheduled and completed the Operation
Insulation and Remodeling Advisor
Services administered by Center for
err n a i Ati o KIAN
H:\- -Paul's Docurnents\HRAMA Agenda Items\2006\June 1, 2006\Housing Program Cover Page(June06).doc
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Fridley HRA
Loan Origination Report
July 26, 2006
Loan / Grant Originations
3
12%
Kitchen remodel
1
4%
General plumbing
This
Previous
Heating system
4
15%
Month
Months
YTD
Loans Issued
-
2
5
7
Deferred Loans Issued
Room addition
1
2
3
1
Total
3
7
10
Funding Sources
3
12%
Roofing
2
8%
Windows /Doors
This
Previous
Garage
-
0%
Month
Months
YTD
Fridley HRA
$
18,340
$ 112,737
$ 131,077
MHFA
$
24,853
$ 30,500
$ 55,353
Met Council
$
-
$ -
$ -
CDBG /HOME
$
$ -
$ -
CEE
$
-
$ 8,145
$ 8,145
Other
$
-
$ -
$ -
Total $
43,193
$ 151,382
$ 194,575
Types of Units Improved
This
Previous
Month
Months
YTD
Single Family
4
10
14
Duplex
-
Tri -Plex
-
-
-
4 to 9 Units
-
-
-
10 to 20 Units
-
-
-
20+ Units
-
-
-
Total 4 10 14
Types of Improvements
Interior # of Projects % of Total
Bathroom remodel
3
12%
Kitchen remodel
1
4%
General plumbing
2
8%
Heating system
4
15%
Electrical system
2
8%
Basement finish
-
0%
Insulation
0%
Room addition
2
8%
Misc. interior projects
1
4%
Exterior
Siding /Fascia /Soffit
3
12%
Roofing
2
8%
Windows /Doors
3
12%
Garage
-
0%
Driveway /sidewalk
1
4%
Landscaping
2
8%
Misc exterior projects
0%
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Performance Report
July 26, 2006
Loans 50 7
Loan Volume $625,000 $ 103,770.00
Origination Fees $27,500 $3,850.00
Inspection Fees $7,000 $ 2,080.00
Admin. Subtotal: $34,500 $5,930.00
Loans
Loan Volume
Origination Fees
Inspection Fees
20 3
$200,000 $28,413.00
$11,000 $1,650.00
$2,800 $0
$13,800 $1,650.00
14%
17%
17%
15%
14%
12%
$521,230.00
$171,587
All Programs $5,000.00 $3,154.53 31% $1,845.47
FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY
August 3, 2006
1. Islands of Peace Update
Mr. Rudolph, an 'investor from Mill Valley, CA has been moving forward with his plans to convert the
apartment buildings into condorrLuu,ums. Mr. Rudolph has moved quickly over the past month rehabbing
the exterior of 150 Island Park Drive and completely rehabbing the interior of a single unit.
Mr. Rudolph has opened a sales office on-site and has developed a webs' e. -wwwjsland a ico He
it rkmi . rn
is advertising the units for sale between $125,000 and $175,000. Staff has not received word of any sales
as of yet.
Mr. Rudolph did inake a cursory request for TIF assistance and it was very apparent that he did not
understand die basic mechanics or legalities of TIF. I did send him our TIF request application along
with a sununaty of TIF, a link to the state statutes regulating TIF, and advised him to find an attorney
well versed in TIF prior to making a formal application. As the project has already started it would be
--- very liard-to-ineet-t-lie-�'-but-for-�'—test-and -the 3- proper -ties - for - which -he -has obtained - building- permits -.
would be excluded frorn any district that would be created. I do not anticipate that Mr. Rudolph will
follow di rough with a formal request.
2. CDBG
Staff met with Kate Thunstrom, .Anoka County CDBG Coordinator, earlier this year to review our 2005
CDBG funding. You may recall that we were awarded $164,000 to use in Gateway West for demolition,
utility and street work. During our meeting)-, Ms. Thunstrom informed us drat we may be able to capture
other cities' unused funds for use in Gateway West. We prepared and sent a written request to obtain any
leftover funding.
In a recent conversation with Ms. Thunstrom, she 'informed me that we were awarded an additional
$125,000 to be used for the street and utility work on Gateway West. Ms. Thunstrom said that she
appreciates the fact that Fridley waits and only makes applications for "real" projects. She stated that a
number of Cities apply for funding every single year for projects that are far froin becoming, a reality.
3. Gateway West Fencing/Street/Utility
The City Engineering Department held a "neighborhood" meeting on July 18`h to further share the street
& fencing plans and take questions/ concerns from the neighborhood. Public Works Director Jon
Haukaas and I played host to a total of 4 households (including Commissioner Gabel) from the Gateway
West area. Council members Bolkcorn and Barnette were also in attendance.
There was some concern from one of the householders that the street in front of' her home was not
scheduled for a "mill and overlay". The other concerns tended to focus on the vegetation that is
currently screening some of these homes from University Avenue. Jon Haukaas and I have met with 3 of
the homeowners on their site and walked the fence, slightly adjusting its alignment to address these
concerns. When the "clearing and grubbing" starts for the fence *installation, I will be working closely
with the contractor to save the appropriate vegetation.
As had been requested, a breakdown of Gateway West actual expenses & projected expenses vs. budget
expenses is attached to this non-agenda update. The budget numbers are taken from the TTF plan budget
and are now dated and have not been adjusted for inflation or the astronomical price jumps caused by the
increases in oil prices (bituminous pavement has 'increased 40% in the past year).
If you have any questions or would like more detail, Mike and I would be more than happy to answer
your questions on Thursday night, if not beforehand.
If there are any items you would like covered in upcoming issues of the Non-Agenda Update please send
rne an e-mail. bolinPO),ci.fridley.inn.us
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