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HRA 04/09/1987 - 6530HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAYr APRIL 9, 1987 7 :00 P.M. Nasim Qureshi Director of HRA and Official Copy City of Fridley AGENDA HOUSING & REDEVELOPMENT AUTHORITY MEETING TRURSDAY, APRIL 9, 1987 7:00 P.M. Location: Council Chamber (upper level) PAGES CALL TO ORDER: ROLL CALL: APPROVAL OF MINUTES: Housing & Redevelopment Authority Minutes: March 12, 1987 ADOPTION OF AGENDA: CONSIDERATION OF LEASE OF DR. RYAN'S AUMMOTIVE PROPERTY . . . . . . . 1 - 1J CONSIDERATION OF LCU LUNDGRENQ' S LETTER OF CREDIT . . . . . . . • • . • 2 - 2A CONSIDERATION OF A RESOLUTION APPROVING THE AMENDMENT OF . 3 - 3D REDEVELOPMENT PROJECT NO. 1 CONSIDERATION OF A RESOLUTION DESIGNATING OFFICIAL . . • • • 4 DEPOSITORIES CONSIDERATION OF MODIFYING S. E. H. CONTRACT FOR ADDITIONAL . • • . . 5 - 5B DESIGN WORK RECEIVE UP1]ATE ON UNIVERSITY AVENUE ASSOCIATES . . . . . . . . . . . . 6 - 6G UPDATE ON UNIVERSITY AVENUE ELAN . . . . . . . . . . . . . . . . . . . 7 CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 OTHER BUSINESS: ADJOiJRNMENT• CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1937 CALL TO ORDER: Chairperson Commers called the March 12, 1987, Noiisinn & Redevelopment Authority meeting to order at 7:09 p.m. ROLL CALL: Meribers Present: Larry Commers, Virginia Schnabel, Duane Prairie, John Meyer, Walter Rasmussen Members Absent: None Others Present: Jock Robertson, [IRA Executive Director Nasim Qureshi, City Manager Dave Newman, HRA Attorney Rick Pribyl, Finance Director Julie Burt, Asst. Finance Officer Louis & June Lundgren, 1140 Minnesota Blain., St. Paul R. Trocke, 244 Mississippi St. R. Schoneman, 246 Mississippi St. APPROVAL OF FEBRUARY 12, 1987, HOUSING & REDEVELOPVENT Al1THnP,ITY !1I141►TCS: MOTION BY 11R. RASMUSSEN, SECONDED BY MS. SCHNABEL, TO APPROVE THE FEB. 12, 1987, HOUSING 6 REDEVELOPMENT AUTHORITY MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE„ CHAIRPERSON CO1111F.RS DECLARED THE MOTI017 CARRIED UNANIMOUSLY. 1. CONSIDERATION OF A RESOLUTION AMENDING THE REDEVELOPMENT PROJECT 110. 1 AND 140DIFvING BY ENLARGEMENT REDEVELOPMENT PROJECT NO. 1 AND THE MODIFIED REDEVELOPMENT PLAN RELATING THERETO PURSUANT TO THE PROVISIONS OF 11I'1t1ESOTA STATUTES, SECTIONS 462.411 TO 462.716, INCLUSIVE: Mr. Robertson stated Staff had provided the HRA with a timetable of the steps required to enlarge the redevelopment district as suggested by the City Council in January. At the last meeting, the HRA had directed Staff to begin the procedure. The first step was to adopt this resolution. Mr. Robertson stated Item 3 in the resolution had been modified by the Bond Counsel; and in the agenda packet handed out at the meeting, the HRA members had received a revision of this resolution in which the HRA was giving preliminary approval subject to Planning Commission review, City Council approval, and subject to final HRA approval after the necessary documentation has been furnished by City Council. Jin O'lleara has said he will have the final documents to the City sometime within the next week. When those docu- ments are ready, that will start the review process. HOUSING, & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1987 PAGE 2 MOTION BY MS. SCHNABEL, SECONDED BY MR. RASMUSSEN, TO APPROVE RESOLUTION NO. HRA 3 -1987, A RESOLUTION Al ?ENDING THE REDEVELOPMENT PROJECT NO. 1 AND MODIFYING THE ENLARGEMENT REDEVELOPMENT PROJECT NO. 1 AND THE MODIFIED REDEVELOPMENT PLAN RELATING THERETO PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES, SECTIONS 462.411 TO 462.716 EXCLUSIVE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF DRAWING ON LOU LUNDGREN'S LETTER OF CREDIT: fir. Lundgren stated he had just received the final document of the feasibility study on the six -story apartment building. He stated this study was done by the Lee Maxfield Research group, and Mr. Maxfield was at the meeting to give a presentation and answer any questions from the HRA. fir. Lundgren stated he had gotten the draft of the document on Monday. fie then met with Mr. Qureshi and Mr. Robertson on Tuesday to briefly go over the document and discuss some aspects of it. The document was an integral part of the presentation to the lenders, although the initial package to the lenders went out about two days ago. All the preliminary presentations were now in the mail. There were six lending groups who were looking at the pac{cage. They will be responding within 7 -12 days concerning whether or not they have an interest in the project. As soon as he receives the first affirmative response, they will be meeting with City Staff; and at that time, will try to work out whatever agreements are necessary to make the project go. At the next HRA meeting,he should have a proposed agreement for the first stage of the project. fir. Lundgren stated that in addition to the first stage, the financial package did include some preliminary information about stages II, III, and IV. He described the various phases of the project: Phase I - six -story apartment building, 124 units Phase II - apartment building (height of number of units will be responsive to the need as indicated by the feasibility study) Phase III - about 60,000 sq. ft. of retail area Phase IV - five -story office building fir. Lundgren stated the feasibility study for the retail and the office hasnot been lone yet, but will be commissioned as soon as they get over the first hump. Mr. Lundgren stated he was very optimistic about the project. He hoped to get this package in order; and if he was able to do that, he felt confident that he could proceed yet this summer with Phase II and possibly Phase III. Mr. Lundgren stated he would like to have fir. Maxfield give a brief presenta- tion of what he has done and what he thinks of the market for the project. Mr. Lee taxfield stated that for the last 18 years he has been involved in market research, predominately in the Twin Cities but also throughout the country. In the last four years, they have worked on about 15,000 apartment HOUSING & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1987 PAGE 3 units in the Twin Cities. They have also been involved in 15 - 20 senior housing projects. The next phase they are looking at for Mr. Lundgren was the senior building. Mr. Maxfield stated they were asked to look at the market for the 124 apart- ment midrise building. As part of their analysis, they looked at the site to determine how they felt the site would appeal to the marketplace and the adequacy for housing. He felt, given the location on University, the shopping area, the civic center, and the community facilities across University, and the residential character of the neighborhood behind it, it offered a very good site for housing. He would call it a more urban infill site. They also looked at the growth in the community and the demographics in the area to identify where the market would be for this building. In looking at the growth in the area, although Fridley's growth was not significant compared to other communities, there was a significant household base in the area today. There were a number of rental units that were dated that were older and one of the strong markets they have seen for housing was providing updated, more modern, more contemporary housing, so they do see a market that could be attractive to people who like the idea of living in new units with more amenities that are supplied in a new building that might not be found in an older building. Mr. Maxfield stated that also in looking at the demographics of Fridley, they saw a large "empty nester" market - -a market that was not seniors, but in the 50 -55 and older age group with children who have grown up and left home, and they find they no longer need all the space in their home and want to simplify their life style. Based on those demographics, they feel the biaildinq in question would stron ly appeal to this market. This offered several things for the community: ?1) Provided the ability for people to stay in Fridley; (2) Freed up more affordable housing for younger families; and (3) Benefitted the City and the School District by bringing younger families into the community. Mr. Maxfield stated there a number of development projects for office space going in along University Avenue, and that type of development brought in a large number of professionals who are looking for housing which More befits their lifestyle. A new more contemporary building appealed to that market where an older 15 -20 year old building might not. Mr. Maxfield stated that in looking at the projections they have made for housing, they would project in the market area which included Fridley, Coon Rapids, Columbia Heights, and New Brighton, that there would be a need for 1,600 -1,800 new rental units between now and 1990 based on the growth in the area. A large number of the units would be attributed to Coon Rapids where the major share of development was found; however, he felt infill sites had a very strong potential. Mr. Maxfield stated that in the analysis of buildings in Fridley in the imme- diate area, they found vacancy rates that were 3 -4% across the board. Also, in looking at information in the Apartment Guide (a regional company that keeps track of vacancies throughout the Metropolitan area), they found they are showing vacancy rates at the 3 -4% range for this entire market. He stated they always look at a market, if it is below 5 %, as an opportunity to start new construction. HOUSING & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1987 PAGE 4 Mr. Maxfield stated one other factor they found in an inventory of what was coming on the market, there are about 1,500 units planned, including the 124 units in Mr. Lundgren's project, as well as 165 or so units in the senior building. Most of the units being proposed in Coon Rapids or the apartment complex in the northern part of Fridley (a different building product entirely- - a smaller scale building and more affordable hogsing) he did not see as being directly competitive with this project simply because of the building type and appearance of the building. Mr. Maxfield stated if they are looking at 1,600 -1,800 units for being a potential market, 1,500 which are proposed right now, and with vacancy rates below 5 %, all things indicated to him that there was still a good market in this area to build additional housing. This type of building would be the only one like it in the area. Mr. Maxfield stated again that the target market identified was more toward professional couples, singles, and empty nesters, as well as some older people who do not want to retain their homes any longer. This project was not for the young singles or the roommate situation that are found in a lot of other projects. Mr. Maxfield stated that in looking at the project, they came in later in the process, so they had not had any input into how they felt the building should be built. However, in reviewing the floor plans, they did not have any major concerns about the amenities proposed, the unit mix, and unit sizes. They had suggested that one of the one bedroom units be made larger and there were a couple of units they felt were too large. These were deficiencies that could easily be made by rearranging the floor plans. They also made some projections on what they felt were appropriate rents, and did a major reshuffling of the rent schedules that had been proposed. They tried to bring the rents more in line with other units in the project as well as competitive buildings in the area. They were recommending the following rents: One bedroom units - $525 - 595, depending on size of unit Ttm bedroom units - $675 - 850, depending on size of unit Mr. Maxfield stated at this point he felt very comfortable in saying they think there is a market for this building, given some of the recommendations they have made and changes in floor plans, unit sizes and rearranging rents. Mr. Commers asked Mr. Maxfield if he had done any market analysis with regard to Phase II. Mr. Maxfield stated they were in the process of doing that, but they wanted to get Phase I done first. A lot of the information presented pertained to the second phase. One of their concerns in the second phase was the number of units; however, he was more optimistic that there was a market for senior housing in this area than in other areas (Richfield, St. Louis Park, Minnetonka) where there were a substantial number of units still available. In this northern suburban area, there really was not a supply like that found in other communities. HOUSING & REDEVELOPMENT AUTHORITY MEETING, MARCH 12,_ 1937 PAGE 5 Mr. Qureshi asked what the financial viability of this project was in relation to other projects. Mr. Maxfield stated that from meetings they have attended, HUD in particular and many of the lenders, are nervous when they see vacancy rates go up to 15 -20 %. HUD has put a "soft market" stamp on the west suburban areas from Plymouth to Eagen (the whole southwest suburban area), and they will not look at or consider any more rental projects in those areas because they are looking at a 3 -4 year supply of units coming on the market. Mr. Maxfield stated the northern market appeared to be a different market, as they do not see the large number of high vacancy rates, and there was not a lot of housing construction in the area. He thought the lenders would look much more favorably on this market than they would in most any other market in the Twin Cities. Mr. Meyer stated that regarding Mr. liaxfield's comments on the suggested floor plan revisions and rent revisions, were those acceptable to Mr. Lundgren? Mr. Lundgren stated Mr. Maxfield has made those comments in the draft market analysis, and he did not feel it would be very difficult to accommodate those suggested revisions. He felt all the suggestions made by Mr. Maxfield were well taken, he agreed with all of them, and he intended to use then. He did not believe in paying good money for good advice and then not paying any attention to that advice. Mr. Lundgren stated that in response to the question about the senior building, he felt Mr. Maxfield would be ready with that report within the next 2 -3 weeks. Mr. Lundgren stated they hoped to be back to Staff within two weeks so that he can come back to the next HRA meeting with a proposed agreement for the HRA's review and discussion. Mr. Commers stated that hearing no motions, this item would remain on the table and the letter of credit was not called upon at this time. 3. CONSIDERATION OF A MASTER LEASE OF RICE PLAZA SHOPPING CENTER: Mr. Robertson stated he would direct the HRA's attention to the memo dated March 6, 1987, he had written to Mr. Qureshi. At the direction of the HRA at their February meeting, Staff made a compromise proposal to Mr. Levy, cutting the length of time for the option from five years to four years. That compromise proposal was sent to Mr. Levy, and Staff had not received any response. 4. CONSIDERATION OF A RESOLUTION AUTHORIZI14G THE INITIATION OF CONDEMNATIO14 AFTTAAI CMD TUC DTr_uT -(1F- AY P nPERTY LOCH ED ON UNION T6--SERVICE STATION Mr. Commers stated that in the agenda were a letter from John Flora to George Knox of UNOCAL dated March 10, 1987, and a resolution. HOUSING, & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1937 PAGE 6 Mr. Robertson stated the project was tentatively scheduled to begin in June. They were now going through the steps. The Public Works Department has been corresponding with the corporate headquarters of the Union 76 station. The local regional branch was in agreement with the proposal for a provision of additional right -of -way for the construction of the inter- section; however, there were some agonizing delays with the corporate head- quarters in authorizing an easement or a sale. The purpose. of the resolution was to provioe the Lity with a back -up plan which could be enacted to help consummate the willing seller /willing buyer situation. 140TION BY MR. RASMUSSEN, SECONDED BY MR. PRAIRIE, TO APPROVE RESOLUTION NO. HRA 4 1987, RESOLUTION AUTHORIZING THE INITIATION OF CONDF,IZYATION ACTION FOR THE RIGHT- OF -11AY PROPERTY LOCATED ON THE UNION 76 SERVICE STATION AT THE INTERSECTION OF HIGHWAY 65 1WEST HOORE LAKE ROAD AND OLD CENTRAL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMF.RS DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. UPDATE OIJ LAKE POINTE CORPORATE CENTER DEVELOPMENT PROJECT: Mr. Newman stated they have retained the law firm of Popham -Haik to wort: with them in representing the HRA. tor. Ray Haik has indicated to the Lake Pointe's attorney that the HRA was not prepared to propose any modifications to the Development Contract. fir. Haik did indicate that, of course, the HRA would listen to any proposals which the Developer might wish to make. At this tine, they have not received any response from Lake Pointe's counsel. Mr. Commers stated that about two years 6909 Mr. Sid Inman provided the HRA with a copy of the insurance binder that covered the HRA members under the City's insurance policy, He would like Staff to again provide a copy of that to the newer HRA members Who had not received it in the past. 6. CLAIMS (1582- 1588): MOTION BY MR. PRAIRIE, SECONDED BY MR. MEYER, TO APPROVE THE CHECK, REGISTER DATED 3111187 AS PRESENTED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COM14ERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. OTHER BUSINESS: a. Plaza Parking Ramp Mr. Qureshi stated that discussion has been held a number of times af,nijt the inadequate anount of parking space for the office building and City HOUSING & REDEVELOPMENT AUTHORITY MEETING, MARCH 12, 1987 PAGE 7 Hall. It was Staff's initial recommendation to prepare a feasibility study and when that study becomes available, they will present it to the HRA for review and discussion. ADJOURNMENT: MOTION BY MR. RASMUSSEN, SECONDED BY MR. PRAIRIE, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MARCH 12, 1987, HOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, 4FLiSaba Recording Secretary n � c+ /f, v P1 V6ra ( l-'I N . / CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY M E M O R A N D U M MEMO TO: Nasim Qureshi, Director of HRA Larry Commer s, Chairman of HRA ME14D FROM: Jock Robertson, Executive Director of HRA ME MD DATE: April 1, 1987 RH;ARDING: Follow -up to HRA Directive to Execute Lease with the New Buyer of Dr. Ryan's Automotive The proposed arrangement with Mr. George Frey was not consummated. Subsequently, Mr. Ryan found a new potential buyer, Mr. Jack one February would agree to the same terms as originally approved by 12, 1987, but with a later starting date. 9be terms were: 1. The lease to be a two year lease with a 90 day notice at the ny discretion of the BRA for a 2. Zhere be no relocation expenses to the buyer. 3. Zhe 90 day notice would not become effective prior to the expiration of the first six months of the lease. 4. 9bis new lease to be executed on or before March 1, 1987. 5. Ube prospective tenant to provide a financial statement of this current financial condition and grant authorization for a credit check. Zhe buyer and seller were anxious to consummate the agreement byp the ilst Of April. I therefore polled each of the HRA by phone for their agreement to my executing such a lease subject to their formal approval at the HRA meeting April 9, 1987. All five BRA mEmbers agreed with the proposed lease. I have now been informed attached blease seller wish to approvedhbyeDave lease start on May 1, 1987. Newman. X /dm Attach. M -87 -83 1 AGREEMENT OF LEASE THIS AGREEMENT, made this 1st day of April 1987, by and bet- ween the Fridley Housing and Redevelopment Authority (hereinafter designated as "Lessor ") and (hereinafter designated as "Lessee "). WITNESSETH: That the Lessor, for and in consideration of the terms, cove- pants, rents and conditions herein mentioned, to be paid and per- formed by Lessee, does hereby demise and let unto said Lessee, and the said Lessee does hereby hire and take from the Lessor, the following described premises situated in the City of Fridley, County of Anoka, State of Minnesota, to -wit: Lowell Addition, part Block 12, that part of NW 1/4 of SW 1/4 of Section 14, Township 30, Range 24 described as follows: Commencing at a point on the North line of said NW 1/4 of SW 1/4 distance 1,043.58 feet East from NW corner thereof, then Southerly, including N 1/2 of 64 1/2 Avenue NE line adjacent thereto per Ordinance 299, 1/18/65, subject to street and utility easements over Northerly 15 feet to the City, 1972. TO HAVE AND TO HOLD the same just as they are, without liabi- lity on the part of the Lessor make alterations, improvements or repairs of any kind in and about the demised premises, except as and if otherwise set forth herein, for the term of two years from the 1st day of April, 1987 through and until the 31st day of March, 1989 for the following purposes, and for no other purposes, to -wit: Automotive service and repairs. This purpose does not include the sale of gasoline. 1. Lessee agrees to pay Lessor as and for rent for the above - mentioned premises, in monthly installments of -1- W M $650.00 Dollars each, in advance on the first day of each and every month during the full term of this Lease at the office of the Lessor, or at such other place as Lessor may in writing designate. In addition to the rent specified in the preceding paragraph (the "base annual rental "), Lessee agrees to provide for and pay the cost of maintaining the parking areas, grounds and sidewalks serving the Leased premises. Such costs shall include lighting, snow removal, line painting and replacement of paving, curbs and sidewalks, if necessary. The cost of operation and maintenance shall not include taxes, assessments, or depreciation of the original investment. Further, the Lessee shall promptly pay the costs of all uti- lities, including, but not limited to, electricity, telephone, sewer, water, refuse removal and natural gas. 2. Lessee agrees that it will not sublet the demised premi- ses or any part thereof, and will not assign this Lease or any interest therein. 3. Lessee shall provide or pay for all repairs and main- tenance of the premises including, but not limited to, glass breakage, furnace, plumbing, electrical systems, structural repairs, parking and other exterior maintenance. 4. Lessee agrees to indemnify and hold the Lessor harmless for any liability arising out of the Lessee's use of the pre- mises. For this purpose the Lessee shall at its sole expense procure and maintain comprehensive public liability insurance -2- IC for the demised premises during the term hereof in the mini- mum amount of One Hundred Thousand - Three Hundred Thousand Dollars ($100,000 - $300,000) bodily injury and Sixty Thousand Dollars ($60,000) property damage. Lessee shall provide Lessor with evidence of such insurance prior to occu- pancy. Lessee shall at its sole expense procure and maintain insurance for its fixtures and equipment within the demised premises. 5. Lessee to obtain workers compensation insurance. Lessee shall maintain and keep in force all employees compensation insurance required under the laws of the State of Minnesota, and such other insurance as may be necessary to protect Lessor against any other liability to person or property arising hereunder by operations of law, whether such law is now in force or is adopted subsequent to the execution hereof. 6. Lessee to furnish certificate of insurance. Lessee shall furnish to Lessor, certificate of insurance showing that its liability insurance policies are in full force and effect, and naming Lessor as an insured thereon. The policy shall further provide, that Lessor shall be given a minimum of ten (10) days notice by the insurance company prior to can- cellation, termination or change of such insurance. Such policies or duly executed certificates of insurance shall be delivered to Lessor prior to the commencement of Lessee's occupancy hereunder and renewals thereof shall be delivered to Lessor at least thirty (30) days prior to expiration of -3- ID the respective policy terms. 7. The Lessor consents to allow the Lessee to make the necessary alterations to the said property in the manner necessary for the Lessee to operate his business. The Lessee shall be required to provide all plans necessary for the remodeling to the Lessor and shall get all necessary permits as needed from the City. 8. Lessee covenants and agrees that it will make no struc- tural change or major alteration without the Lessor's con- sent, which consent shall not be withheld, providing that the proposed improvements are consistent with the use of the pro- perty, do not significantly reduce the value of the property and do not violate any local, state or federal laws; and without first furnishing the Lessor five (5) days' advance written notice outlining the proposed changes or alterations. Upon the City consenting to the alterations, then the City will issue all necessary permits without unreasonable delay. The Lessee further covenants that it will promptly pay for any alterations, repairs or maintenance made to the demised property so that no mechanics liens will be filed against the property. In the event, a mechanics lien is filed, the Lessee shall have 20 days to pay or in the alternative to post 1 1/2 times the lien amount with the district court in order to contest it. Failure to do either of the above mentioned lien corrections shall be deemed as a default under this Lease. In any event, the Lessee shall indemnify and hold harmless, the Lessor for any and all cost of removing -4- said lien. lE 9. The Lessee agrees that upon termination of this Lease, all improvements to the property together will all fixtures, shall become the property of the Lessor. Notwithstanding this language, the 300,000 BTU heating system, alignment rack and modeco air compressor are the property of the Lessee. 10. Lessor shall at all times have the right to enter upon said premises to inspect their condition and at his election to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs except as may be herein provided for, and the Lessor shall not be liable to the Lessee for the failure or delay in making such repairs, or for damage or injury to persons or property caused in or by the making of such repairs, or the doing of such work. 11. Lessee agrees to pay for all special requirements for utilities such as gas, steam, water and electricity and for all other alterations, modifications or other services to the demised premises. Charges for any such utilities or services shall be paid by Lessee, and in the event such charges are not paid when due, the same shall constitute a default hereunder on the part of the Lessee. 12. The premises shall not be used for lodging or sleeping or for any immoral or illegal purposes. 13. The parties hereto mutually agree that if the demised premises are partially or totally destroyed by fire or other -5- IF hazards, then Lessor may, but is not obligated to, repair and restore the demised premises as soon as is reasonably prac- ticable, to substantially the same condition in which the demised premises were before such damage. The Lessee may repair the damage as allowed under paragraph 7 at his own expense. In the event the demised premises are completely destroyed or so badly damaged as not to be useable by the Lessee for the purposes herein provided, then this Lease shall be terminable by either party hereto by serving written notice upon the other; and provided, further, that in any event if repairs have not been commenced within thirty (30) days from the date of said damage and thereafter completed within a reasonable time, in no case to exceed three (3) months, this Lease may be immediately terminated by the Lessee by serving written notice upon the Lessor. 14. The Lessee acknowledges that it is aware that Anoka County intends to widen Mississippi Street along the north boundary of the property and that in the course of doing so the County intends to acquire a portion of the property. The Lessee acknowledges that it is waiving any and all claims to any compensation or monies which the Lessor may receive from the County as a result of this taking. Further the Lessee agrees to waive any claim that this acquisition by the County constitutes a breach of this Lease. 15. THIS PARAGRAPH DESCRIBES THE CONDITIONS UNDER WHICH THE LESSOR MAY TERMINATE THIS LEASE EARLY. YOU SHOULD READ THIS PARAGRAPH CAREFULLY. In addition to the provisions contained '.;' 1G z elsewhere in this Lease, the Lessor may terminate this Lease prior to expiration date and without cause, upon the Fridley Housing and Redevelopment Authority making the determination that it needs to terminate this leasehold interest as a result of development intended for this site or elsewhere in the southwest quadrant of Mississippi and University. This termination can only be effective upon the giving of ninety (90) days written notice by the Lessor to the Lessee. However, in no event shall the Lessee be required to ter- minate the property on or before September 1, 1987. 16. In the event-that the Lessee shall continue to occupy the demised premises after the expiration of the term of said Lease, such "holding over" shall be on a month to month basis. Either party may teminate said "holding over" by giving the proper notice, as required by Minnesota law, to terminate a month to month tenancy. 17. The Lease shall be subject to the attachment as part of the base of a "Waiver of Rights and Benefits of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of (1970 40 U.S.C. 4601) ". It is understood that the parties have entered into this Lease as an accomodation to each other. Upon the proper ter- mination of this Lease, the Lessee will not be entitled to any compensation or damages for the termination of the Lessee's leasehold interest. 18. No sign shall be painted or affixed by the Lessee on any -7- 1H part of the outside of the demised premises without prior written consent of the Lessor. In the event of a violation of this clause by the Lessee, Lessor may remove said sign without any liability, and may charge the expense incurred by such removal to the Lessee. The Lessee is permitted to leave the present sign which states "Dr. Ryan's Automotive Clinic" attached to the front of the building or to substitute a sign on the front of the building which would be affixed in substantially the same location as the existing sign and shall be constructed of letters which are substantially simi- liar to and which letters do not collectively, significantly exceed the size of the current sign. 19. If the Lessee shall make default in any covenant or agreement to be performed by it and if after written notice from Lessor to Lessee, such default shall continue for a period of five (5) days or if the Leasehold interest of the Lessee shall be taken on execution or other process of law or if the Lessee shall petition to be or be declared bankrupt or insolvent according to law, then, and in any of said cases, the Lessor may immediately or at any time thereafter, without further notice or demand, enter into and upon said premises or any part thereof and take absolute possession of the same fully and absolutely without such re -entry working a for- feiture of the rents to be paid and the covenants to be per- formed by the Lessee for the full term of this Lease; and at Lessor's election, Lessor may either lease or sublet such premises or any part thereof on such terms and conditions and WE lI for such rents and for such time as the Lessor may reasonably elect and after crediting the rent actually collected by the Lessor from such re- letting collect from the Lessee any balance remaining due on the rent reserved under this Lease, or Lessor may declare this Lease forfeited and may take full and absolute possession of said premises free from any sub- sequent rights of the Lessee. That in the event of default by the Lessee the Lessee shall compensate the Lessor for all reasonable attorneys fees, expenses and costs incurred by the Lessor in either re- acquiring possession of the property or for bringing an action for the recovery of unpaid rent. 20. Wherever in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall not be deemed to have been given or served unless in writing and forwarded by mail addressed as follows: To the Lessor: Jock Robertson, Executive Director Fridley Housing & Redevelopment Authority 6431 University Avenue N.E. Fridley, Minnesota 55432 To the Lessee: Such addresses may be changed from time to time by either party by service notices as above provided. The Lessor and Lessee agree that all the provisions hereof are to be construed as covenants and agreements. -9- 1J IN WITNESS WHEREOF, the Lessor and Lessee have caused their respective names to be subscribed to this Lease on the date first above written. In the presence of: LESSOR: FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY By LESSEE: By President By Dated: 1987. STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) Vice President The foregoing instrument was acknowledged before me this day of , 1987. Notary Public in and for the County of Anoka, State of Minnesota. My commission expires -10- z FRIDLEY PLAZA ASSOCIATES A LIMITED PARTNERSHIP April 2, 1987 Members of the Fridley HRA % Nasim M. Qureshi, City Manager 6431 University Ave. Northeast Fridley, MN 55432 Re: Up -date on filiancing Fridley Plaza Apartments Gentlepersons: This letter is intended as a progress report on the financing of the First Stage of the Fridley Project. The Summit Fund II of New York City has requested -Chat we supply them a copy of the Maxfield Report and our economic analysis of how the Fridley Plaza Apartments would fit into their program. Our analysis indicates that a commitment for $7,800,000, with some subordination of fees will allow the project to proceed without syndication or other funding ex- cept for the guarantees required. The material is being finalized and will be in their hands on Monday, April 6, 1987. Their loan committee is meeting next week and we could receive a commitment the following week. A preliminary meeting was held with the Winfield Develop - ment Company, who have expressed an interest in the commer- cial portion of the development and indicate that they might be in a position to help us on the financing of the residential portion. A second meeting was scheduled for April 1, 1987, but has been postponed until Friday, April 3, 1987. Mr. Ed Goldin of Goldin & Company of Denver, Colorado, states that he has a lender who is willing to lend on participating loan $6,700,000. This loan would be at 101/2 interest, ten years, no amortization, 25% participa- tion in cash flow and 25% in increased value of project. To utilize this loan would require syndication. A loan package was sent to Murray Savings and Loan in Dallas, Texas, as requested. We have not heard from them as yet. 1140 minnesota building, st. paul, minnesote 55 10 1 612 -224 -4765 2A Members of the Fridley HRA April 2, 1987 Page Two Mr. Doug Mayo of Rothschild Financial Corporation has informed us that he has a lender that has a participating forward loan commitment for 18 months to 36 months. Interest on this loan would be 350 basis points over, six month Treasury Bills (now 5112 %). This would mean an inter- est rate now of 9.1% to 9.2 %. This would provide us with a mortgage loan of $7,250,000. They would fund this loan at 50 % -60% occupancy. We would have to obtain a separate construction loan if we use this approach. Mr. Ben Steinberg of Steinberg Financial Company has a lender who on a participating basis would come up with a mortgage of $6,400,000. This loan would require addi- tional funding from syndication. We are approaching a point where a feasible plan for financing can soon be finalized. We are requesting that our letter of credit not be cashed at this time. We expect to be meeting with your staff on a new develop- ment agreement soon. As I will be speaking in a national seminar in Washington, D.C. April 8th and 9th, I will not personally be able to be present at your meeting. Very truly yours, YD Y PLAZA ASSOCIATES Louts R. Lundgren Managing General Partner LRL:rz O'CON NOR & HAN NAN ATTORNEYS AT LAW MINNEAPOLIS ­­C% J OCONNOR KEVIN M. BUSCH 'C'A WAVERS JULE M HANNAFORO V PETER L COOPER 3800 IDS CENTER THOMAS A. KELLER MICHAEL E. MCGUIRCI ROBERT A SCwMELZER ROBERT TIANSON. JR LD 80 SOUTH EIGHTH STREET JAMES RJOORSC ANDREW J. S.EA JOOHNOWPFITZGEA LAUREN LONERGAN WILLIAM R. MCGPANN LAVON EMERSON HENRI MINNEAPOLIS. MINNESOTA 55402 - G- THOMAS MACINTOSH 11 LAWRENCE P. COMMERS DOUGLAS M. CARNIVAL KIRK W REILL, MICHAEL J GRIMES MARGARET M. VAN VALKENBURG 16121 341 -3800 MCS A. RU BE NSTEIN MARK J. AYOTTE THOMAS R. SHERAN JOHN A BURTON. JR gpBEPT B.JASKOWIAK DEBRA G. STPEHLOW ROBERT A. BRUNIG COREY J. AILING TELEX 29-0584 WILLIAM E FLYNN DONALD S.APBOUR JAMES P. O'MEARA STEVEN J DZURAK J R. TOREN MARY J KUBIK TELECOPIER 16121 343-1256 tCHAPLEb C. wALBCRG EN MICHAEL P SPAT W LGAM O. HULLNZ THOMAS D. CREIGHTON AHAWN PN KENNON WAN MO LSTON INCLUDING THE FORMER FIRM MACINTOSH 6 COMMERS ROB CPT O. STPAUGMN L'PENCE A.G MOLONEY SPECIAL COUNSEL ALBERT B PERLIN DAVID ­10A DENVER OFFICE MIASN OFFICE MADRID OFFICE wEODORE K. FURBER LAWRENCE E. NEUWISSEN FREDERICK W THOMAS 'B' 9BB WILLIAM C.KELLI .198 9'O OINGTON SU 17C 4700 SU E 800 VCLAZUEZ 21 ONE UNITED BANK CENTER 1919 ENNSILVAN A AVENUE N W. MAOP :D ! SPA N PICwAPD L. EVANS 1700 LINCOLN STREET WASHINGTON D C 20006 34153 43131 00 DENVER. CO 80203.4541 1202,8871400 TELEX 23943 •BURNSVILLEICAGAN OFFICE PROFESSIONAL PLAZA BUILDING .303 830 1700 OF COUNSEL LOCAL COUNRSEL SUITE 103 1601 E HIGHWAY 13 OF COUNSEL JOHN J. FLINH RANK J W G.• DAV;D BURLINGAME• DAV'D C TREEN• BURNSVILLE. MINNESOTA 59337 •6.2894.0246 ROBERT WIEGAND 1I E. WILLIAM CROT Tr JOSEPH E DILLON DIRECT DIAL NUMBER (612) 343 -1288 March 25, 1987 HAND DELIVERED Jock Robertson, Executive Director Fridley HRA Fridley City Hall 6431 University Avenue NE Fridley, Minnesota 55432 Re: April 20 Amendment of Redevelopment Plan Dear Jock: DENVER MARTIN M. BERLINER• TERENCE P BOYLE• LARRY D GALLEGOS• ARNOLD R KAPLAN• RICHARD D LAMM- 3 GEORGE J MANNINA. IR- GILBERT E HARDY• JOHN J ,OERMOTT- CCS W SIM NGION• ARNCI RC GENSTEIN• PETER M K.ZON• EM. LY P PAR AD15E• ANDRCw A J..A -DEBIC KI• RACHEL OCMARCUS• T-0— A JCNKINS• GARY C ADLER• DAV.D P DARNELL• MARLSLA FIVE GOE SSTULTANT SCCII LEGISLATIVE COORDINATOR M CHAEL COLOPY• WILLIAM T HANNAN SR 1191/19851 M. ANNE • IZZA• �AMES A NA'IONS• DAV O C ROOS• DAY O A Z -SSCR• •NOT MEMBER OF MINNESO'A BAR Please find enclosed copies of the following: (1) A one page resolution for the Fridley Planning Commission's April 8 meeting approving the changes. (2) A resolution for the HRA Board's first meeting in April approving the changes. (3) A resolution for the Fridley City Council's April 20 meeting approving these changes. (4) A form letter to the Minnesota Energy and Economic Development Authority for use in filing these changes, when approved. (5) The revised redevelopment plan itself, dated April 20, 1987. O'CON NOR & HAN NAN ATTORNEYS AT LAW Jock Robertson Page 2 March 25, 1987 (6) Copies of black marked pages from this document showing the changes from the prior version thereof, which was dated December 22, 1986. These documents have been prepared based on the informa- tion which Samantha provided to me with her letter of March 9. I had previously provided Samantha with a City Council resolution calling for the April 20 public hearing, and I understand that Samantha was to make arrangements to have the notice of the public hearing published on April 6 in the Fridley Focus. Samantha had also outlined a timetable in her letter, and the only change would be that the HRA Board would approve these changes at its April meeting. There are two additional exhibits which you will need to insert into this modified redevelopment plan. They are exhibits I -B -3 and I -B -4, being respectively the boundary maps of the redevelopment project as modified on December 19, 1983, and subsequently on February 27, 1984. I do not seem to have copies of these two maps, I and suspect the reason is that these were prepared and inserted at those times by the City. You may want to check with Samantha to see if she has copies of these maps. If so, I would appreciate receiving copies for my files as well. Please feel free to contact me if you have any questions or comments on the enclosed. g rs very ruly, ames P. O'Meara JPO /mz Enclosure cc: Nasim Qureshi w/o encl. Samantha Orduno w/o encl. 3B TIMETABLE TO: AMEND REDEVELOPMENT PROJECT NO. 1, MODIFY BY ENLARGEMENT REDEVELOPMENT PROJECT NO. 1 AND THE MODIFIED REDEVELOPMENT PLAN RELATING THERETO MARCH 12, 1987 ......................... HRA ACOUNCES TOLARGEMEBLIC PLAN; REQUESTS HEARING PARCH 16, 1987 ......................... AMENDED REDEVELOPMENT PLAN SENT TO COUNTY,SCHOOL DISTRICTS FOR 30 -DAY SCHOOL DISTRICTS FOR 30 -DAY REVIEW MARCH 23, 1987..•• .............• ......•CUB ICOUNCIL SETS APRIL 20, 1987 AS APRIL 6, 1987 . .........................PUBLIC HEARING NOTICE PUBLISHED APRIL 81 1987 .......................... PLANNING COMMISSION REVIEWS PLAN APRIL 20, 1987 ......................... PUBLIC HEARING, CITY COUNCIL APROVES ENLARGEMENT, AMENDED PLAN MAY 5, 1987 ............................ DOCUMENTATION SENT TO COUNTY, DEED 3C HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO ENLARGING REDEVELOPMENT PROJECT NO. 1 AND AMENDING THE MODIFIED REDEVELOP- MENT PLAN RELATING THERETO AND AMENDING THE TAX INCREMENT FINANCING PLANS RELATING TO TAX INCREMENT FINANCING DISTRICTS NO. 2 THROUGH NO. 8 WITHIN THE PROJECT AREA BE IT RESOLVED by the Board of Commissioners (the "Com- missioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority "), as follows: Section 1. Recitals. 1.01. It has been proposed, with respect to the Author- ity's Redevelopment Project No. 1, that (a) the Authority enlarge the Redevelopment Project area and amend the Modi- fied Redevelopment Plan relating thereto and established pursuant to and in accordance with Minnesota Statutes, Sections 462.411 to 462.716, inclusive, as amended, and that (b) the Authority amend the Tax Increment Financing Plans relating to Tax Increment Financing Districts No. 2 through No. 8 to reflect the revised project costs of the Modified Redevelopment Plan of Redevelopment Project No. 1 pursuant to and in accordance with Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended (collectively, the "Proposed Amendments "). 1.02. This Authority has investigated the facts and has caused to be prepared with respect thereto the Proposed Amendments. 1.03. The Authority has performed all actions required by law to be performed prior to the adoption of the Proposed Amendments. 1.04. The Board hereby determines that it is necessary and in the best interest of the City and the Authority at this time to approve the Proposed Amendments. 3D Section 2. Approval of Amendment of Tax Increment Fi- nancing Plans Relating to Tax Increment Financing Districts No. 2 through No. 8. Subject to the finding, determination and approval thereof by the Fridley City Council, the proposed amendments of the Tax Increment Financing Plans relating to Tax Incre- ment Financing Districts No. 2 through No. 8, as presented to the Authority on this date, are hereby approved by the Commissioners of the Authority. Section 3. Approval of Enlargement of Project Area and Amendment of Modified Redevelopment Plan. The proposed enlargement of the Redevelopment Project area and the amendment of the Modified Redevelopment Plan for Redevelopment Project No. 1, as presented to the Author- ity on this date, are hereby approved and adopted by the Commissioners of the Authority. Section 4. Filing of Plans. The Authority shall cause the Proposed Amendments, upon approval thereof by the Fridley City Council, to be filed with the Minnesota Department of Energy and Economic Devel- opment. Adopted by the Board of Commissioners of the Authority this day of April, 1987. - 2 - RESOLUTION NO. HRA - 1987 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE FRIDLEY HO(JSING AND REDEVELOPMENT AUWORITY IT IS HEREBY RESOLVED that the Fridley State Bank is hereby designated as a depository for the funds of this corporation. IT IS FURZIER RESOLVED that checks, drafts or other withdrawl orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the follow: Finance Director City Manager Assistant Finance Officer and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawl orders. BE IT FURrIHER RESOLVED that all transactions, if any, relating to deposits, withdrawls, re- discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURMjER RESC LVED that the signatures of two of the following named City employees are required for withdrawl of HRA investment funds from savings and loan associations: Finance Director City Manager Assistant Finance Officer BE IT FURTHER RFSCLVED that any brokerage firm may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutues. PASSED AND ADOPTED BY THE HCUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS DAY OF , 1987. • a to I I • • R r' ATTEST: JOHN L. "JOCK" ROBERTSON EXECDTIVE DIRECTOR 4 LF CITYOF FRlDLEY DIRECTORATE OF PUBLIC WORKS MEMORANOUM oc X;�. -1 o• 1 00 0 M: Jock Robertson, Executive Director - BM EW87 -75 FROM: John G. Flora,rpublic Works Director rATE: March 19, 1987 SUBJECT: Highway 65 Lnprovenent Design ODntract I have received a letter from (S. E. H. ) regarding increased costs to the Highway 65 /Lake Fbinte /Old Central design project. At the September 11, 1987 HRA meeting, by Resolution 16 -1987, they authorized the retention of S.E.H. to design the intersection improvements at a cost of $55,500.00. Erased upon the HRA suggested changes for street lighting, right -of -way acquisition, landscaping and public meetings, S.E.H. has sutmitted a change order to the design amount for an additional 58.270• 00 • most of this work has already been completed because of the processing of neighborhood acceptance for the improvement and the processing of the plans and specifications to the Minnesota Department of Transportation (MnDOT) . Based upon the HRA and City's interest in completing the intersection improvement and incorporating the lighting, landscaping and alignment concepts, it would be appropriate for the HRA to approve the amount of the existing agreement with S. E. H. for an additional $8,270.00 toward design of the Highway 65 intersection. JGF /ts Attachment -1 SHORT - ELLIOTT- HENDRICKSON, INC. CONSULTING ENGINEERS '• T. P4UL-MINNESOTA • CHIPPEW -N FALLS. WISCONSIN March 13, 1987 Mr. John Flora Director of Public Works City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Mr. Flora: RE: Fridley, Minnesota T.H. 65, Lake Pointe Drive Old Central Avenue City Project ST- 1987 -3 SEH FILE NO: 84142.01 rl'I As requested we are herewith providing you with information on estimated feel for changes to the T.H. 65 plans. We understand that changes are a result of recent standards that the City has adopted and citizen participation. The additional work and estimated fees are as follows: A. Design street light system along Lake Pointe Drive, Old Central Avenue and T.H. 65 in accordance with your memorandum dated February 13, 1987. Estimated Fee $4,500.00 B. Change plans and specifications to incorporate new light standards on the signal arms and new crosswalk striping in accordance with your February 13, 1987 memorandum. Estimated Fee $320.00 C. Perform lot survey and prepare certificate of survey on property located at 5760 Hackmann Avenue. Estimated Fee $800.00 D. Modify plans and specifications to include landscaping plans on Lake Pointe Drive and Central Avenue. Estimated Fee $700.00 E. Modify plans and specifications to include the MN /DOT overhead signing plans on T.H. 65. Estimated Fee $700.00 200 GOPHER BUILDING•222 EAST LITTLE CANADA ROAD•ST. PAUL, MINNESOTA 551170PHONE (612) 484 -0272 Mr. John Flora March 13, 1987 Page 2 F. Make changes to the Old Central Avenue plans and specifications for revisions determined by citizen participation. Estimated Fee $1,250.00 Based on the above referenced items we have estimated the fees for the additional work to be $8,270.00. The method of compensation is requested to be in accordance with our December 10, 1986 agreement under Section VI- Payments to the Engineer, subsection B.1. Please advise me if this meets with your approval. Sincerely, David J. Pillatzke, P.E. DJP /cmh CITY COUNCIL ACTION TAKEN NOTICE University Avenue Associates Ken Belgarde 7841 Wayzata Boulevard Minneapolis, MiV 55426 March 25, 1987 On March 23, 1987 the Fridley City Council officially approved your request for a Rezoning, ZOA #86 -05, to Rezone from M -2, Heavy Industrial, to R -3, General Multiple Dwelling, on the South 450.00 feet, except the East 600 feet thereof, of all that part of the Northwest 1/4 of the Northwest 1/4 of Section 2, Tbwnship 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47, and the North 600.00 feet of the South 1050.00 feet, except the East 600.00 feet thereof, of all that part of the Northwest 1/4 of the Northwest 1/4 of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47, and all of the Northwest 1/4 of the Northwest 1/4 of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47, except the South 1050.00 feet thereof and except the East 600.00 feet thereof as measured at right angles to the West right -of -way line of State Trunk Highway No. 47 and except that part lying North of the South line of the North 32.12 acres of said Northwest 1/4 of Section 2, generally located South of 85th Avenue, west of University Avenue, and North of 83rd Avenue with the following stipulations: ARQJ ITECIURAL REFINEhIEN75 1. Architectural facade design to be consistent with elevations and renderings attached as Exhibits A -1 and A -2. (Added 3/18/87) 2. Provide deck element details - all deck fascia and deck support posts to be pr e-f ini shed metal trim. 3. Color scheme - samples of all architectural facade material to be submitted for City approval prior to building permit. (Modified 3/18/87) 4. Provide brick soldier course for window sills on first two floors for window openings. Third floor window sills to be determined; with staff approval. Lic:Gtions which include detailed facade material descriptions (of nr concept) to be submitted prior to publication of ZOA 486 -05. (Modif ied 3/18/87) 6. All trash enclosures to be brick enclosures; one per building to be provided. 6A University Avenue Associates Mare 25, 1987 Page 2 7. Developer will ensure adequate on -site parking through management or provision of additional parking area. Developer to sign parking lot and enforce to accomplish parking in designated areas only. 8. Provide a site improvement performance bond; amount to be three percent of construction value. Letter of credit to the HRA in the amount of $136,000, (see development agreement section 4.5), to serve as portion of required surety. (Flo dif ied 3/18/87) 9. Developer to implement amenity package as defined in Cliff's /Fridley contrast. 10. Soundproofing to be installed adjacent to laundry rooms and stairs. 11. Rezoning is for the North Park Estates project only as depicted on site plans and elevations including specified materials as shown on exhibits A -1, A -2 and B. (Modified 3/18/87) POND REFINEMEN4S 1. Add additional decorative lighting around ponds; minimum of three lights for each pond. 2. Final design for pond/drainage elements will provide for retention or detention areas which will function efficiently and contribute to a visually pleasing and low maintenance drainage system. Plans to screen drainage structures to be approved by staff prior to building permit. (Modified 3/18/87) 3. Developer to assume responsibility of any relocation and construction of existing Nature Center boardwalk necessitated by Nature Center pond construction. 4. A maintenance agreement which includes on -site and Nature Center ponds and structures to be approved by City prior to publication of Z0A #86 -05. (Added 3/18/87) 5. A storm sewer agreement of $89,186 to be charged against the development parcel, to be paid over 20 years at the customary interest rate charged by the City. The payments are to begin upon commencement of the project which is scheduled to begin in 1988. Amount of charge based on prorata share of land area in development and a discount of $12,251 in recognition of proposed orr -site storm water improvements. (Added 3/23/ V) NNTURE CENTER INTERFACE; REFINEMENTS 1. Provide improvements to Nature Center berm landscaping as agreed on October 22, 1986. (Incorporated on exhibit B) A. Provide 12 additional Oak trees all along berm to include 6 - 2 ", 3 - 3" and 3 - 4" trees. AV University Avenue Associates March 25, 1987 Page 3 B. Sumac - out; change to Highbush Cranberry 18" - 24" in size. Black Choke out; change to Highbush Cranberry 18" - 24" in size. Add additional shrubbery to berm to screen third garage from south. (Work with Nature Center Director). C. Ash - out; change to Silver Maple 2 1/2" in size. D. Provide 12 Norway Spruce in addition to those Spruce planned, 3' - 8' in size. E. More emphasis on plantings near top of berm. 2. Show fence on plan, trail to be on the development side of the fence. Fence generally to be located west of trail and on the development side of the berm. Except, location on large berm to be on Nature Center side of the berm. (Incorporated on exhibit B) 3. Fence to be 6' green vinyl clad with no top rail. (Incorporated on Exhibit B) 4. Fence gates to be turn style design. Selection to be approved by Nature Center Director. 5. Continue berming and seeding on Nature Center to 85th Avenue and around corner if excess fill is available. 6. Continue security fence to 50' beyond north of development and 50' to the west on the southern end of the site. (Incorporated on Exhibit B) 7. Fond depth (in Nature Center) to be 5' at normal water level. Location and size to be approved by Nature Center Director. (Drainage plans preliminarily approved by staff on 3/18/87.) 8. Developer to install appropriate walkway connections on north aria south to existing Nature Center trail. 9. Seed mix on Nature Center to include woodland and prairie flower mixtures. Seed to be mulched. 10. Construction zone to be shown on grading plan and approved. Trees to be- removed to be marked and approved by Nature Center Director. 11. Trees to be saved to be protected by snow fence; placement assisted by Nature Center Director. 12. Provide a coordinated berming and landscape plan. (Iricc,rporuteu c,,. Exhibit B) 13. Berm to be heightened at northwest corner and adjacent to Nature Center Pond; tree wells to be installed to protect existing trees in expanded berm area. (Added 3/18/87) 14. Nature Center Director to coordinate specific placements of plant. materials on berm to maximize screening. (Added 3/18/87) University Avenue Associates March 25, 1987 Page 4 15. All fill material used for berming to be clean material, free of herbaceous matter. (Added 3/18/87) D �1•• 1.�'• '1 •71 1. 71 i� 1.` I. Provide additional screening along the easterly 28 feet; through the addition of six overstory shade trees. (Incorporated on Exhibit B) 2. Provide a coordinated berming and landscape plan for the entire site. ( Inoorporated on Exhibit B) 3. All shrub beds to be edged and mulched with a weed barrier provided. (Incorporated on Exhibit B) 4. Rack mulch to be installed as indicated on landscape plan dated 10/14/86, except additional rock in parking, see #10. 5. All turf areas to be sodded except area west of Nature Center security fence, and 10 feet beyond north trail segment to be seeded. 6. Provide an improved internal hardsurface pathway system which connects the development from east to west and north to south; to be constructed within 1 year of 70% occupancy. 7. All development landscaping to have underground lawn sprinkling, similar to that of the Cliff's Development. 8. Building and entry planting beds to be termed . 9. Implement peripheral walkway system as shown on Exhibit B. 10. Sod or provide rock mulch for the curbed parking lot indentations in excess of 5 feet in width. (Modified 3/18/87) If you have any questions regarding the above action, please call the Planning Department at 571 -3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department try April 8, 1987. Concur with action taken cc: William and Gertrude Barbush of Bryant Investment Co. 6C at #1 �l P, I r-I r! E q 9' R P� Ll H In rg ti i rT 1.7 4. Ell PIE r it 3 l u (A Z 0 LU .j W 0 Z &D El H F P-d r it 3 l u (A Z 0 LU .j W 0 Z &D m m W . j� r� -'�7 �.�' t •� � � -.' 117 i��'1 ���. /� ,['L�t I '.i .I • ` 7 'y � .,,n n -i. a.e+Y. . ii � ��. 1 �1�:, Ii '�� � � � ~ :j .. .._ M `•1'•� _,� . � lid,{ p `�..yl UA If Jut IL iL ill. � ,,..:• �, .. �, t, ��'� y�: I i -, '' ; j :� �� -�44�. ?, .111, • ``• i `I i � 1�../ � it � i '� / � •�' � J tit - iT `j � il�'{ � r� /�i •<yJ � � i,• . •"yam `V♦ 't � •y �{ c ll)„t to i -lJ r ♦ _ / 1. 1'1; � t 7 � 4•i ,;, 1.11 •'1\ — t.•, —s3;` � y; .., , �1 .. :; �' .� .,.i'' ••.,y. (:11 1[1'i •I ,{ ', '�- � � 'r � �:y'} ' I'�r _ � r_.. •. l i s .R.'�1��, 41 ',il�jlili • "� ( i - -�; *. In,�(•,'� [[V; 111 1 �'l' A ?, f�.•.,�'�� .7 ?r '� --! _�`' �••• '�1 /•� e! ( r-'. 3 6 0 e i ( s•a,�"o`j Ov 1'� );' _,� �_ ; � ' —'. -sue ��,:_ •_-�� :��'[ 6F 6u CITY COUNCIL ACTION TAKEN NOTICE Kenneth Belgarde December 12, 1986 University Avenue Associates 7841 Wayzata Boulevard Minneapolis, M 55416 On December 8, 1986 the Fridley City Council officially approved your request for a Final Plat, P.S. #86 -05, North Park Estates, generally located south of 85th Avenue, west of University Avenue and North of 83rd Avenue with the following stipulations: 1. Developer subject to fair share of assessments on a possible future road along the north end of devlopment site. 2. Property owner agrees to provide on plat an additional 65 foot wide riot -of- way for a loop back, to provide a future road connection between 83rd Avenue and 85th Avenuejcompleted. 3. Park fee to be paid as follows: Block 1, Lot 1 - 358 x 500 = $179,000; total amount to be paid with first building permit. Lot 1, Block 2, - 76,287 x .023 = $1,755. Lot 2 - 150.051 x .023 = $3,451. Fees to be paid with building permit or replatting at the prevailing rate. 4. Designate existing 33' easement on south as dedicated right -of -way on plat ;completed. 5. Development waterline should provide for 2 stubs on the northern section with tees and valves; to be 000rdinated with City Engineer. 6. Developer agrees to pay up to 15% of total costs associated with possible signalization on 83rd Avenue and University Avenue. If you have any questions regarding the above action, please call the Planning Department at 571 -3450. Sincerely, James L. Robinson Plannina Coordinator JWdm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by December 26, 1986. Concur with action taken 7 CITY OF FRIDLEY HOUSING & REDEVEWPMM AUTHORITY M E M O R A N D U 11 NEND TD: Nasim Qureshi, Director of HRA MEND FROM: Jock Robertson, Executive Director of HRA MEND DATE: April 3, 1987 REGARDING: University Avenue Corridor Detail Design I have reviewed the Barton- Aschman January 28, 1987 proposal with the City Council and the HRA. I recommend we proceed with the detailed design and implementation of the University Avenue Corridor improvements in two phases. She first phase will cover an urban demonstration segment from 57th Avenue N. E. to 61st Avenue N. E. , and a rural demonstration segment from Osborne Road, south to 73rd Avenue N. E. The latter change was recommended by the City Council in order that the demonstration include treatments from both sides of the Corridor in the City of Fridley. Although the second phase would be the remainder of the Corridor to be completed over several years, there is a strong desire to complete these two demonstration segments during the 1987 construction season. I recommend that this be accomplished in the following two stage process: Stage One Barton- Aschman would review City rough working drawings in the next 30 days for hard surface intersection improvements including curb, gutter and sidewalk flooring, to be then included in the normal street project schedule by the Public Works Department. Stage Two Subsequent to State One, Barton - Aschman would prepare plans and specifications for the other elements, including landscaping, street furniture, turf establishment and monumentation for installation in the Fall of 1987. '7he Public Works Department will provide survey mapping locations and drainage improvements required to complete all phases of this work. I recommend that the HRA adopt a budget not to exceed $23,300 for the above work. If the general procedures, scope of work and budget are acceptable to the HRA, I request authorization to proceed with consummating agreements in a form similar to the first design stage. JLP/dm M -87 -85 CLAIMS 1539 - 1594