HRA 11/10/1988 - 6525HOISING & IUVELOPMiT AUfHOPdTY
METING
NOTMR 10, 1983
7:00 P. M.
,iW jQ, om w•
City of Fridley
A G E N D A
HOUSING & REDEVELOPMENT AUTHORITY MTG. NOV. 10, 1988 7:00 P.M.
Location: Community Education Center
6085 Seventh Street N.E.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES: September 8, 1988
CONSIDERATION OF PROCEDURES AND DEVELOPERS FOR
REDEVELOPMENT OF SOUTHWEST CORNER OF UNIVERSITY
AND MISSISSIPPI STREET . . . . . . . . . . . . . . . . . . . . . 1 - 1E
CONSIDERATION OF PARKING LOT LEASE TO COLUMBIA
PARK MEDICAL GROUP .. 2 - 2F
CONSIDERATION OF SETTING UP PROJECT MAINTENANCE
TRUST FUNDS . . . . . . . . . . . . . . .. . . . . . . . . . . . . 3 - 3B
CONSIDERATION
OF PLAZA RAMP SECURITY SYTEM . . . . . .
. . . 4 -
4C
CONSIDERATION
OF WINFIELD PROPOSAL ON 57TH PLACE.
5 -
5B
INFORMATION ON
PASCHKE UNIVERSITY INDUSTRIAL
PARK
..
6 -
6A
INFORMATION ON
DEFENSE FROM CLARK ENGINEERING . . . .
. . . 7 -
7D
INFORMATION ON
"THE COTTAGES" PROPOSAL . . . . . . . .
. . . .8 -
8D
INFORMATION ON
STINSKI OFFICE PROPOSAL
9-
9G
ESTIMATES
.10 -
10D
CLAIMS
11
OTHER BUSINESS
ADJOURNMENT
CITY or -rTjl)LEY
HOUSING & RED=,O1f1ENT AUTHORITY NOTING, SEPTI2MM 8, 1988
CALL TO ORDER:
Vice - Chairperson Schnabel called the September 8, 1988, Housing & Redevelopment
Authority meeting to order at 7 :38 p.m.
ROLL CALL:
Members Present: Virginia Schnabel, Duane Prairie, John Meyer (arr. 8 :10 p.m.),
Larry Commers (arr. 9 :15 p.m.)
Members Absent: Walter Rasmussen
Others Present: Jock Robertson, Erecutive Director of HRA
Dave Newman, HRA Attorney
Samantha Orduno, Management Assistant
Rick Pribyl, Finance Director
Julie Burt, Asst. Finance Officer
Mark Burch, Asst. Public Works Director
Tim Turnbull, Police Department
Marlo Johanson, Electronic Interiors
Joe Commers, The Commers Company
Ernie Paulson, Metal -Tek
Carol Slavick, Arkell Development
Mark Clemens, Arkell Development
John Arkell, Arkell Development
Vice - Chairperson Schnabel stated that due to a lack of a quorum until later in
the meeting, approval of the minutes would be continued, and informational
items would be heard first.
1. UPDATE ON PLAZA PRIP SECURITY SYSTR4:
Mr. Robertson stated that at the last BRA meeting, the HRA directed staff to
work with the architect in preparing a feasibility study of the various levels
of security possible in the parking ranp. Tim TurnbLLl of the Police Department
was directed to review this with the architect. After his review, it was
tir. Turnbull's recommendation that they work directly with Electronic Interiors
who designed the security system for the lower level.
Mr. Robertson stated Mr. Newman had contacted the Chairperson of the HRA,
Larry Coimiers, who authorized the preparation of a study to be done by Electronic
Interiors, so the report could be prepared in time for the HRA members to review it
before the September meeting.
Mr. Robertson introduced Mr. Marlo Johanson from Electronic Interiors, and
directed the HRA's attention to fir. Johanson's report to Mr. Turnbull dated
September 2, which was hand delivered to the HRA members on Tuesday, Sept. 6.
Mr. Turnbull stated he thought this report was a fairly comprehensive report
and provides what he would consider to be a model or very sophisticated approach
to security relative to the plaza rang facility. He would like Mr. Johanson to
give same information about the report and respond to any questions the HRA
members might have.
HOUSING & REDEVELORU T AuTHORITY METING, SEPTII`4BER 8, 1988 PAGE 2
Mr. Johanson stated they are consultants for video, audio, and media systems
and securities was one of the general areas which falls within their expertise.
They received a request for information related to surveillance and protection
of personnel within the ramp. They felt it necessary to broaden the topic some-
what to include the broader scope of personal safety that would effectively
improve various aspects of personal safety including prevention of mishaps due
to falls or vehicular accidents as well as the very important aspect of personal
violence.
Mr. Johanson stated the architects and engineers have already included a number
of the measures already included in the report. He had included them in the
report so the HRA would be appreciative of the extent of the measures that are
possible and also to make the HRA aware of these features when they see them in
the documents.
Mr. Johanson stated the primary objective for improving Personal safety is to
provide a deterrent, and if something does happen, to provide a means of quick
response. Good lighting, limited access, as well as providing defined pedestrian
and vehicular paths contribute most to these personal safety aspects, but an
effective surveillance system will provide a swift response.
Dir. Johanson stated they have recommended various measures that could be used to
improve the personal safety, but the extent of the implementation was the City's
decision.
Mr. Turnbull stated he would like to take this opportunity to outline specifically
what the report does say as far as the security measures are concerned. He stated
the report primarily deals with a two level security system and deals with this
in three areas:
1. Visibility. Visible corridors - -being able to increase the lighting
capability of both the upper level and the lower level. The report
goes into some detail of the level of lighting that is desired and
the particular type of lighting that is desired. one area is being
able to increase the ability to see anything that is going on. The
concern was particularly in the lower level, With increased illumina-
tion in the lower level, there is a better sense of security. Lighting
is important not only so a person can see what is going on, but also
so the surveillance cameras positioned in the lower level and the
upper level have a better visual capability.
2. Three cameras are suggested for the upper level. Two carvers are
suggested for the lower level with various levels of sophistication.
These will be hooked to a monitoring system that will be located in
the reception area in the Police Department.
3. Being able to listen to what is going on in the upper level or the
lower level and have the two -way comminication system. Part of the
approach this plan recommends is a very clear indication that the area
is under surveillance and is being monitored,
HOUSING & REDMrELDPME U AUTHORITY K=U, SEPMIBER 8, 1988 PAGE 3
Ms. Schnabel asked Mr. Johanson if he felt what has already been planned for the
lighting was adequate.
Mr. Johanson stated that in order to limit the scope of their report and to make
it budgetary feasible, they did not do an analysis of the drawings except to
look at them briefly. It did appear that the engineers have made some effort
to achieve a high degree of uniformity in the lower level. He stated they under-
stand the interior surfaces were going to be painted which was a very effective
means of making lighting more efficient.
Ms. Schnabel asked why three cameras were recmmnded in the upper level and
two in the lower level.
Mr. Johanson stated there was three main areas of the upper level, One was near
the building so the majority of the lot can be viewed by a single camera at that
location. Virtually opposite that to 5th Street entrance, that camera would look
down the stairs which is required for egrees from the lower level, as well as
watching traffic coming in. He believed there was a small lot to the south
which was also easily accessed from the larger lot. A third camera would actually
view those vehicles approaching the Police Department or entering the lower level.
That camera would be fixed.
Mr. Prairie stated that regarding the location of this ramp, wouldn't the location
of the Police Department provide some deterrent to any problems?
Mr. Johanson stated, yes, it would. They mention that as a prominent element
in the signage and the visual aspects of this space.
Ms. Schnabel stated that at the last meeting, there was sane discussion about
whether or not the Police Department would actually be monitoring these cameras.
Mr. Turnbull stated he had spoken with Jim Hill, Public Safety Director, that
afternoon and they examined that issue. He stated that one of the concerns
Wbenever there is a surveillance type of security system is the fact that
these cameras are in particular positions and they are seeing different things
and projecting it to a monitor. Sorebody has to be there to watch the monitor.
Very clearly, it is going to be difficult for the people who are currently assigned
to the front office area to be monitoring these monitors and also dealing with
the public, and doing their other duties, Therefore, it was important for the
HRA members to understand that there would be a need for an additional person to
monitor the cameras that were providing surveillance to the upper and /or lower
levels of the parking ramp in order to provide an assurance that, not only was
the camera seeing what was going on, but saneone was watching the monitor and
would take the appropriate action to provide a response. The cameras themselves
do not provide the security; the fact that someone is watching the cameras and
will provide a response to an action will provide that security. The reality
was there will not always be a person in the front office of the Police Department
to watch the monitor, and there will not always be a police officer in the building
to respond if there is a need.
Mr. Turnbull stated the main time of concern relative to personal safety would
be in the evening hours between 5 :00 p.m. until whatever time most evening
meetings get over. That is the time when the City would need the assurance that
the surveillance was being monitored.
HOUSIW. & REDB- v=pmE2n AUTHORTTy M MUNG, SEP'I'R4M 8, 1988 PAGE 4
Mr. Turnbull stated he did not believe the Police Department's front office staff
had the capability to guarantee there will be two people in the evening during
those hours. It was Mr. Hill's concern that not only is there a surveillance
system, but that there is actually someone there to monitor the system so if there
is a need for scene action, there is someone there to recognize that need and take
the appropriate action.
Mr. Robertson stated he felt there was three areas of oost here:
1. The potential for upgrading the architectural design and materials
that are already in the plans and specifications._ Mr. Johanson
refers to that in the first paragraph on page 10 of the report . Staff
is turning that report over to the architect to give the City an
evaluation on what the cost impact is.
2. Electronics. Mr.Johanson has summarized the video, audio, and
interactive systems for a total of about $35,000.
3. Potential staffing costs for part of a day and part of a week.
Mr. Turnbull stated the estimate Mr. Hill had given him, based on a 40 hr. week
was about $12,500 on an annual basis with today's dollars. It would be someone
like a Community Service Officer.
Ms. Schnabel stated that if the HRA decides that they cannot afford this kind
of surveillance system and salary to monitor the surveillance system, what were
some of their other options?
(Mr. Meyer arrived at 8:10 p.m.)
Mr. Turnbull stated there were a number of different approaches the Commission
could take. The first thing that was rather obvious was if they have to hire
someone on a 40 hr. a week basis to monitor the system, they could have this
person out walking the upper and lower ramp and not have any surveillance equipment
at all.
Mr. Turnbull stated another option was rather than have a surveillance system
that was an upper and lower level system, they could still have what is existing- -
no surveillance system on the upper level. He was speaking primarily of the
cameras and the ccmlmu- dcation aspect. He would strongly recommend that the
BRA look at the lighting issues and the architectural issues, not providing any
spaces for a person to hide, providing a high level of lighting on both the upper
and lower levels.
Mr. Turnbull stated they could eliminate some of the sophistication in the equip-
ment. However, each time they eliminate some costs, they also eliminate
potentially some of the security. They could eliminate the entire system and
not have anyone monitor it. That was also an option.
Mr. Burch suggested that people be educated to stop by the Police Department
to ask someone to watch or walk them to their cars.
Mr. Turnbull stated that was a good suggestion, but that only helped people
going in one direction -the people leaving the building, not the people coming
in.
FUSING & REDEVEID M U AUTHORITY MEETING, SEPMOM 8, 1988 PAGE 5
Ms. Schnabel stated she was not totally convinced that a security person walking
the ramp would be that effective.
Mr. Turnbull staged that having a Community Service Officer or someone like that
might be a deterrent just by the presence of that individual. If a Community
Service Officer were to come upon an event that was already in progress, it should
not be anticipated that this was a trained law enforcement officer who could
perform as a law enforcment officer.
Mr. Prairie stated this really is an area that has not had incidents of crime,
partly because of the presence of the Police Department. He stated there will
be painting of the lower level, more than adequate lighting, and there will be
some cameras that will be watched some of the time. It would certainly be better
than what they now have.
Mr. Turnbull stated it was his own personal opinion that the City takes on a
liability if they provide what appears to be a surveillance system and provide
what appears to be an area that is under surveillance, but, in fact there is
nothing behind the camera. They have given people the impression that they have
a certain level of security, when in fact there really is no security. On the
other hand, if it is very clear there are no cameras, no audio system, no sign
that says the ramp is under surveillance, etc., but the ramp was well lit, then
people do not have a reasonable expectation that they are under surveillance.
or have a higher level of security than they actually have.
Mr. Robertson stated there was another architectural improvement mentioned
before that the City is asking for a cost estimate on. He stated the north half
of the lower level is open for ventilation, and there was just going to be single
railing. The architect is doing two design alternatives. One would be multiple
railings to match the railing design on the upper level, but close enough so
someone couldn't crawl through. The other design alternative was a chain link
fence.
Ms. Schnabel stated there was another question that needed to be answered and
that was if they do go with a camera system and it is determined that an additional
staff person must be hired, was that person's salary going to be charged to the
BRA or would that person be working for the Police Department also where the
Police Department would be sharing that salary cost:
Mr. Turnbull stated he did not have an answer to that question at this time.
Mr. Robertson stated he felt the policy they have ccm<nitted to so far was to
maximize the passive safety system - -the painting, the adequate lighting, and
the screening or barring of the ventilation opening. If the HRA wanted to go
beyond this, then he would recommend that their priority be for the lower level
of the ramp, simply because the upper level has not had any level of security
for over 40 years, and it could continue that way.
Mr. Turnbull stated if the HRA decides they want to go with some level of
technical or electronic surveillance, the architect will need to know so they
will know where the cables have to be laud.
HousiNG & REDn=R4ENT AUTHORITY MEETING, SEP`rMM 8,_ 1988 PAGE 6
Mr. Robertson stated that would require a change order, but the cost would not
be very great.
Mr. Meyer stated for right ncw, he liked the higher level of lighting and the
other architectural features that are being utilized for security reasons.
Ms. Schnabel stated she would like some opinion regarding an additional staff
person to monitor a camera surveillance system. Would the Police Department
be in a position to hire someone full time, part time, or not at all? What are
the feelings of the Police Department on this?
Mr. Turnbull stated he would respond to Ms. Schnabel's questions at the next
HRA meeting.
Ms. Schnabel requested that the "Plaza Ramp Security System" item be put on the
October agenda.
Mr. Turnbull stated the contractural obligation the City has with Electronic
Interior has been completed.with the information provided in the plan, If the
HRA wants any additional information, then some arrangement must be made to
retain their services.
MOTION by Mr. Meyer, seconded by Mr. Prairie, to authorize Staff to retain the
services of Electronic Interior for any additional consulting deemed necessary
by Staff and to authorize any change orders deemed necessary by Staff to provide
for the installation of necessary conduit for the audio, video, and interactive
commnuiication system in the parking ramp. Also, to authorize staff to work with
the engineers in the upgrading of lighting and other architural features to
conform with the report submitted by Electronic Interior,
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON SaMMEL DECLAM THE MOTION
CARRIID UNANIMW SLY .
2. APPROVAL OF AUGUST 11, 1988, HOUSING & RIDEVELOPKENT AUTHORITY MINUTES:
MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the August 11, 1988f
Housing & Redevelopment Authority minutes as written,
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CEAU PERSON SC1MBEL DBMARID THE
MOTION CARRIED UNANIMWSLY.
3. CONSIDERATION OF A RESOLUTION RELATING TO RIDEVEZAAKENT Pte' NO. 1 AND
AMENDING THE MODIFICATION REDEVELOPMENT PLAN RELATING THERETO AND AMENDING THE
TAX INCPIMU FINANCING PLANS RELATING TO TAX IlVCPRZN ' FINANCING PLANS RELATING
TO TAX 1]NM04ENr FINANCING DISTRICTS NO, 2 THROUGH NO, 8 WITHIN THE PROJECT AREA:
4. CONSIDERATION OF A RESOLUTION REWESTING A PUBLIC HEARING RELATING TO RIDEVELOP-
MENT PRaJ= NO. 1 AND THE XWMMWr OF THE PMIFIID RIDEVELO PLAN RELATING
TJMRZ O AMID THE TAX IIUIIKE U FIlA,MING DISTRICTS NQ. 2 THROUGH NO. 8 WITHIN THE
PFC=:
HOUSING & REDEVELOPMENT AUTHORITY MEETING, SEPT30M 8, 1988 PAGE 7
Mr. Robertson stated both items #3 and #4 could be deleted. He stated Ms. Orduno
was at the meeting to answer any questions the HRA members might have. These
items were added to the agenda in case when Mr. O'Meara returned from vacation,
he felt further action was required as a followup to the HRA's action in
August including the parking ramp in the tax increment plan.
Ms. Orduno stated that in the past whenever they have had a specific project
within the tax increment district that was within the redevelopment project area,
they have amended the redevelopment plan and each of the tax increment financing
plans to allow for increased project costs. However, at this time, when the HRA
passed the resolution at the August meeting which essentially found that the
construction of the parking ramp was consistent with the redevelopment plan
Mr. O'Meara, after returning from vacation, felt that resolution was sufficient,
and that the parking ramp and the project costs that would be associated with the
parking ramp were already built into the redevelopment plan. Therefore, there
was not a need to amend the redevelopment plan or the tax increment plans.
5. REVIEW PROGRESS OF THE WIWIET DEVELOPER FOR 57TH PLACE:
Mr. Robertson stated this was an informational item that was added to the agenda.
Mr. Robertson stated Mr. Bill Fogerty of Winfield Development submitted a report
that day, copies of which were provided to the BRA members at the meeting. He
stated the report was fairly self - explanatory, He stated Staff intended to
stay in close contact with Winfield to ensure that they stay on their timetable.
Winfield must have a substantial outline of a redevelopment agreement by the
October meeting, so that if it is favorably received by the HRA, staff can be
directed to prepare final development agreement for action in November which will
be 90 days.
Ms.Schnabel stated that sounded reasonable.
Mr. Joe Comers stated they continued to be very interested in the project,
because of the options they hold. They would like to continue to monitor
the project until something happens.
6. CONSIDERATION OF PREPAPJM A DEVELOPMENT AG UM4ENT FOR "THE COTTAGES" PROPOSAL
CONTINGENT ON FAVORABLE PU,1UING COMMISSION REVIEW ON SMMMBER 14, 988:
Mr. Robertson stated the City Council reviewed.the proposal at their last meeting
on August 22. Council directed the developer to meet two criteria before pro-
ceeding with the regulatory matters of the permit. One criteria was to hold
neighborhood meetings in the vicinity of the two site locations and to report
back to the HRA at this meeting. Secondly, the Council requested "The Cottages"
project be substantially the same level of intensity as the Stillwater project.
The Stillwater project was about 11 1/2 units per acre. It looked like the
Hillwind density was about 9 units per acre, and about 12.3 units per acre on
the Rice Creek site. The Council felt that criteria was substantially satisfied
with what was done in Stillwater.
HOUSING & REDEVEIIAPME:NT AUTHORITY MEETING, SE ? TR4BE R 8, 1988 PAGE 8
Mr. Robertson stated that at the first neighborhood meeting on the Rice Creek
Road site, there were three issues. A substantial amount of people felt the
density is too high. There was a question of how the maintenance of the project
can be ensured so there will be no detrimental effect on the surrounding
properties, and there was some question as to whether a project of this kind will
essentially devalue the single family residences around the north and east of
the project.
Mr. Robertson stated that at the neighborhood meeting on the Hillwind site, the
questions centered around the traffic flows in and out of the project. Traffic
will go down Polk and Lynde Streets until the intersection at old Central/Highway
65 is improved. Another question was whether drainage can be adequately covered
and if state or federal permits are needed because of the proximity of that
drainageaay and water quality project there, A third question was has could
the City ensure the project will stay a project strictly for the elderly- -
through covenants of some sort - -so if there is a sale of property, it will remain
an elderly project? Can some kind of maintenance bond be secured to again give
the City scene assurance that the project will be maintained at a high visual
quality for some feasible length of time?
Mr. Robertson stated there apparently was also some discussion on an alternate
site, and he would let Mr. Arkell discuss that.
Mr. John Arkell, Arkell Development, stated city staff and Councilnwbers have
been out to the Stillwater project and have reviewed that site. He stated
they have been asked to do certain things. one was to tie up the land with a
purchase agreement, and they have done that. They have conducted the city neigh-
borhood meetings requested by the City. They were asked to come up with a
guarantor on the bonds, and he had letters on that from Equ tec, which is a
large New York Stock Exchange company that will be their partner in this project.
He stated they have been working on this project for approximately six months
and intensely for the last couple of months.
Mr. Arkell stated it is his understanding that the next step is to receive
conceptual approval by the HRA to go on to the next stage.
Mr. Arkell stated the main concern at the neighborhood meeting on the Hillwind
site was traffic. On the Rice Creek site, he believed the people in this area
would like to keep a 2 1/2 acre wooded lot behind their homes. He tried to
explain to the neighbors that it is doubtful residential hones will ever go
in this area, and that "The Cottages" are the next best thing because they
are single story detached housing.
Mr. Arkell stated drainage is a major issue on both areas, and they will defer
to the city engineers and plans to ensure proper drainage.
Mr. Arkell stated that on the Hillwind site, he thought the second meeting
went very well. The people seemed to agree that a senior project would
generate the least amount of traffic.
HOUSING & REDMM OPM 2U AUTHORI'T'Y MEETING, SMYrRKBER 8, 1988 PAGE 9
Mr. Arkell stated they spent six months in Fridley trying to find a piece of
property. These two sites are the last two options they have left. They
have looked at a amn ercial site, but they would like to stay away from that
type of zoning. He stated it has been a difficult task for staff and for
themselves.
Ms. Schnabel asked what guarantee they had that this project would remain a
senior citizen development.
Mr. Arkell stated their financing will require that it be a development for
seniors, 55 years of age and over. Their housing revenue bonds rt quire that
they deal with a certain age, and there are restrictive covenants that can be
placed on the property. He stated he didn't have any problem with that.
Mr. Arkell stated this will be their first venture with an .FHA format. FHA
requires a maintenance reserve. In order to address the concerns about maintenance,
maybe there is a way, if they have a right to that reserve, they could give the
City the right to go in and do the maintenance, using the funds in the reserve
account.
Mr. Robertscn stated that in talking with Nancy Jorgenson and Dennis Schneider,
they would like to have a general policy discussion at the Monday City Council
meeting On Sept. 12, on the following policy issues:
1. What is the City's policy on elderly housing?
2. Mat is the HRA's general policy on tax increment projects?
3. To look at the types of elderly housing and their locations.
W. Robertson stated that based on a favorable outcome after that discussion,
staff will proceed with the financial review.
(Mr. Co mm'ris arrived at 9:15 p.m.)
Vice- Chairperson Schnabel declared a recess at 9:25 p.m.
Chairperson Corme s reconvened the meeting at 9:40 p.m.
7. PASCHKE DEVE pMENT - PACO I2DUSTPJAL PARK:
Mr. Commers stated he had received a letter from Jerry Paschke's lawyer dated
Aug. 30, 1988, setting forth Mr. Paschke's position with regard to the hold back.
As the BRA members knew, they have been over this before, so he had asked
Mr. Mark Burch to attend the HRA meeting to again review this situation and make
a decision. He had hoped Mr. Paschke would have been in attendance at this
meeting.
Mr. Burch stated this was referring to the development of the Paco Industrial
Park, north of 79th Avenue, and west of University Ave, Men Mr. Paschke first
built those buildings, he had an original drainage plan that was approved by the
City. During the course of the project, Mr. Paschke continued to change the
HOUSING & REDWELrOPMENT AUTHORITY MEETING, SEPTIIBER 8, 1988 PAGE 10
drainage plan, and he never really put any kind of a drainage in until the end
of the project when he was left with some undevelopable lots, where he created
a ponding area. He stated the City has worked for several years to get some
improvements into that ponding area, and Mr. Paschke has never completed those
improvements according to the plans he gave the City. A year ago, the City
spent $4,000 on improvements to the ponding area. The City did inform Mr. Paschke
of this before they did the work. Since the City put those improvements in,
Mr. Paschke has done no maintenance of the area. No maai.ng was done over the
summer. Twice the City has had to mow that area. Mr. Paschke has simply made
no effort to maintain the area, and the problem was: how do they get people
to maintain something once a project is completed? They are now receiving
correspondence from Mr. Paschke stating that Mr. Paschke wants his performance
bond money back. Some of that money has already been spent for improvements.
Mr. CaYmers stated $4,200 has been spent out of $10,000, leaving a balance of
$5,800. He stated he felt Mr. Newman should contact Mr. Paschke's attorney and
give him the complete history of this problem, telling Mr. Paschke's attorney
that the City has received no cooperation whatsoever frown Mr. Paschke and that
they will still hold back the $5,800.
The BRA members were in agreement with this suggestion.
8. CONSIDERATION OF APPROVAL OF REIMBURSEM= TO THE CITY FOR MOORE LAKE QUALITY
DTROVIIMENI' PROTECT:
Mr. Robertson stated the work has been substantially dome. In November the
HRA set aside a budget of approximately one -half million dollars. The HRA is
being encouraged to reimburse the City for the actual costs of the project & final cost
at the close of the project. It is within budget.
Mr. Pribyl stated the HRA members had received at the meeting a Summary of
the Moore Lake Plater Quality Project. Miat this summary did was recap the
budget they had, the expenditures to date, and the projected expenditures to
complete the project.
MOTION by Mr. Meyer, seconded by Ms. Schnabel, to approve the reimbursement to
the .iC ty for the Moore Lake Quality Improvement Project in the amount of
$382,980.55, which is full payment of all anticipated costs.
UPON A VOICE VOTE, ALL VOTING AYE, CiU,IRPMR -%N C"ERS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
9. INE'ORMATION ON CfflJ E OMER NO. 2 ON RICE CREEK ROAD DiPROVE ENT ST 1988 -1
AMID 2:
Mr. Robertson stated this was an information item. The Council approved the
Change Order for $22,857.30 which included storm sewer piping for the Midwest
Van facilty upgrades per the owner's petition and street repair and replacement
for the additional roadway muck excavation. This Change Order increased the
HRA's cost of the Rice Creek Road project by $11,145.30.
HOUSING & RFDEVEIDPMENT AUTHORITY MEETING, SEPTIIYMER 8, 1988 PAGE 11
10. INFOWATION ON CHANGE ORDER NO, 3 FOR STREET IDUWVEMU PROJECT ST 1988 -1
AMID 2:
Mr. Robertson stated the budget the HRA adopted for the Rice Creek Road Project
was $1.2 million. The actual original contract amount was $851,807. The history
of the change orders were on agenda page 13 -A. They had an original change order
of $13,901. In order to expedite the project while work was being done in the
field, the Council authorized the $22,857.30 (Change Order #2). Change Order
No. 3 was for unanticipated soil correction costs.
Mr. Burch stated this change order was necessary to incorporate changes in the
signal system at Rice Creek Road and T.H. 65 which have been ordered by the
Minnesota Department of Transportation and additional soil corrective work
necessary in the Rice Creek Road.
Mr. Burch stated that in looking at the change orders, not all of the
costs went to the HRA. The storm sewer costs were going to be a direct assess-
ment to the property, and the BRA should not be involved in that at all.
The HRA was included in this change order, and that was where there was some
confusion.
Mr. Robertson read from the April 14, 1988, BRA minutes, where Mr. Newman is
talking about the assessment agreement at Moore Lake Commons: "They anticipate
the total improvements to be $1.2 million, of which $665,000 in assessments will
be paid by the adjoining property owners. At part of the public improvements,
the HRA will agree to do certain landscaping along that public right -of -way and
that the landscaping will not be less than $95,000. Also, the adjoining property
owners will agree to maintain right -of- way..." That was the basic structure of
the total improvements.
Mr. Prairie stated it would be clearer if that was somehow broken out for them.
Mr. Pribyl stated they can come back with a breakdown and what the actual HRA
costs and assessments are.
MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve Change Order #3 for
Street Improvement Project ST 1988 -1 and 2 in the amount of $52,095.50
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CMERS DDQARID THE MOTION
CARRY UNANDWSLY,
Mr. Commers stated he would also like a report on the Moore Lake ComTmns Project
for the next meeting.
11. CONSIDERATION OF A PXMILITION TO ACQUIRE OPTION RIGHTS TO PART OF PLAZA RAMP
SITE THROUGH LEASE AGREEMENT:
Mr. Robertson stated that as part of the overall package of the plaza ramp,
they had to renegotiate that portion of the purchase option where at the end of
30 years, the office building partnership could purchase a Portion of the
parking lot for $100,000, a portion of that lot was in the footprint of the
parking ramp. The BRA authorized staff to proceed as outlined on agenda pages
1 - 1B and 2 - 2P, letters from Dave Newman on a lease that would be extended
the 30 years to 99 years. During the entire tern of the Lease, payments would
continue to run at the amount of $800 per month.
HOUSING & R1EDMM 0RVMU AUTHORITY MEETING, SEPTFTMBER 8, 1988 PAGE 12
Mr. Robertson stated the office building partnership would waive their option
to purchase a portion of the parking lot at the end of 30 years and at the
send of 99 years they will have the option to purchase a portion of the parking
lot for the then fair market value. A major change, however, was the fact
that the portion of the parking lot which they now have the right to purchase
does not include the parking ramp. Further, the City would lease from the office
building partnership approximately 8,000 square feet of office space at a
substantially reduced rate in order to make the construction proceed faster.
In return the office building partnership would waive any claims in condemnation
or otherwise against the BRA and the City arising out of the temporary taking
of the parking lot for construction purposes. The HRA and City would then share
the cost of $80,000 of the lease payments- -the City paying $40,000 and the BRA
paying $40,000. The reason the HRA would be paying one -half of the rent was
due to the fact that as a result of the office space lease, the office building
partnership is willing to amend the parking lot lease and is willing to waive
any claims for disruption to the parking lot.
D1r. Commers expressed concern about the HRA paying one -half of the lease payment.
He was not sure it sounded very good.
Mr. Newman stated this was discussed informally with the City Council and the BRA.
They discussed how to allocate the $80,000, and it seemed to be a reasonable
solution to split the cost between the City and BRA.
Ms. Schnabel stated with the few staff people who provide services to the HRA,
it seemed the BRA was paying a far greater portion than the City.
Mr. Ccau ers stated the HRA was never told that the ramp would encroach on the
office building's land.
Mr. Newman stated he disagreed. There was a joint meeting held between the HRA
and City Council when the parking ramp was outlined by Mr. Qureshi,
and he specifically stated that the office building partnership had a right to
buy that portion of land that encroached on the parking ramp, and that they were
going to have to take a look at how they were going to resolve that problem.
Mr. Prairie stated it would be very difficult to explain to a citizen asking
the question of why the BRA was paying for half the rent of the office building.
Mr. Commers stated there seemed to be four members of the HRA who did not have
any recollection about the HRA and City sharing the cost of the lease payment,
although they distinctly remembered the $80,000. Maybe it was not discussed
that the HRA was going to have to pay one -half of it.
W. Newman stated he could understand the HRA's frustration. It was possible
that perhaps the staff had been remiss and had not been more clear on this;
however, he ]mesa that as they have gone through this process, staff has made
a deliberate effort to inform the HRA and to keep them updated so nothing would
cane as a surprise.
HOUSING & RFDEVELOPMENTPAUTHORITY MEETING, SEP'I MER 81 1988 PAGE 13
Mr. Comers stated everything the BRA has been doing the last few months has been
directed at the HRA and the City doing as much as they can to help the office
building partnership out of their financial problems. And, this appeared to be
another way of doing that. He stated he did not think the HRA had to give them
any more money to make that project go. This was plain largesse fran the IRA.
He stated that the BRA might as well go ahead and approve this, but he did not
feel it was being done right.
Mr. Newman stated the question was: Vbat type of role does the BRA want the
to play in this type of situation? They were concerned in the beginning that
they should take a role with the primary focus on trying to do
everything possible for the BRA. On the other hand, they are now looking at a
project in a district that has some problems; and if they work properly together,
there could be some appreciable benefits to the City and the BRA.
Mr. Cammrs and Mr. Prairie agreed with Mr. Newman and that they should follow
that kind of philosophy.
MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve Resolution No. HRA-3
1988, a "Resolution Approving an Amendment to the Leasehold Agreement Between
the Fridley Housing and Redevelopment Authority and the Fridley Plaza Office
Building Partnership" with the following amendments:
Paragraphs 1, 2; and 3 should be preceded by "WHEREAS" clauses and
paragraphs 3 and 4 should be preceded by "THEREFORE" clauses.
Paragraph 4 be amended as follows: "The HRA has agreed to pay one -half
of the lease payments not to exceed $40,000 in consideration of EF — Partnership's willingness to amend the ParR*Lng Lot Lease and willingness
to waive any claims against the BRA for disruption to the parking lot."
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COnE R.S DECLARED THE MOTION
CARRIED UNANDIOUSLY.
12. CONSIDERATION OF SUBOEDINAT11Z BRA'S SECOND MORTGAGE ON FRIDLEY PLAZA OFFICE
BUILDING:
MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the subordination
R the HRA's second mortgage on the Fridley Plaza Office Building.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CUSIER.S DECLARED THE MOTION
CARRIED UNANIMOUSLY.
13. CONSIDERATION OF PROVIDING DEFENSE AND INDE24IFICATION TO RICE PLAZA
SHOPPING CENTER:
Mr. Newman stated Clark Engineering recently served a Notice of a Mechanic's
Lien on the property which was the subject of the proposed development with
Lou Lundgren. This property includes both the property owned by Bob Levy as
well as the property owned by the BRA.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, SEPTEMBER 8, 1988 PAGE 14
Mr. Newman stated that on page 6 -B was a letter he sent to the attorneys
representing Clark Engineering demanding that this lien be immediately removed.
Mr. Newman stated he was seeking a direction from the HRA in response to
Mr. Levy's demand for defense and indemnification. A proposed agreement
received by Mr. Levy on Nov. 20, 1985, stated that: "Rice Plaza hereby
consents to preparation of a site survey for Plat 7. The City and HRA shall
bear all costs and be responsible for all damages associated with that survey."
Even though this agreement was never formally executed by the BRA, it was
certainly the intent of-the parties to indemnify Mr. Levy for any damages that
might result from the actions engaged in by Mr. Lundgren.
Mr. Ccmmers agreed. He stated legal counsel should look into this and see if
it is a valid and legitimate claim. They should also tender payment from
Mr. Lundgren.
MOTION by Mr. Meyer, seconded by Mr. Prairie, to direct staff to notify Mr. Levy
that the HRA will indemnify and render him harmless, and that the matter will
be handled by the HRA's legal staff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON C7ME RS DECLARED TBE MOTION
CARRIED UNANIMOUSLY.
14, INMBMATION ON UNIVERSITY AVENUE DTROVE@+lENTS:
Mr. Robertson stated that on agenda page 8 and 8 -A was a letter from Barton -
Aschman Associates outlining the improvements previously approved by the BRA.
They were detailed in this letter, essentially in design spec outline form, and
the budget must now be reviewed by MnDO'T. Since this is a State Aid Highway,
everything has to be reviewed by MnDOT.
Mr. Newman stated after MnDOT has reviewed and approved the plans, staff will
prepare maintenance cost estimates for BRA review and then at that time, the
BRA can decide on how they wish to handle this and discuss it with the City
Council before any contracts are awarded.
Mr. Ccmmers stated this brought them back to the concerns the BRA has raised
about who is going to pay for the maintenance. He stated the sooner they can
get these concerns about maintenance addressed, the better.
15. DISCUSSION OF 1987 FINANCIAL STATEMENT:
Discussion on this item was continued until the next meeting'
16. REQUEST' FOR
IONS FOR DEVELOPMENT AT
AVLNUL:
Mr. Robertson stated that at the last meeting, the BRA had directed staff to
send out RFQ's to about a dozen developers. In the BRA agenda packet was a
copy of the letter dated September 9, 1988. He stated that at this time they
have received one response.
HOUSING & REDMMLOPMEMU AUTHORITY MEETING, SEPT0 BER 8, 1988 PAGE 15
The HRA agreed that at the next meeting, they would give each developer who has
responded to the RFQ an opportunity to speak, limiting each presentation to
approximately five minutes.
17. CLAIMS (1796 - 1806):
MO'T'ION by Ms. Schnabel, seconded by Mr, Prairie, to approve the check register
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CaM4ERS DBaARED THE MOTION
CARRIED UNANIMOUSLY.
18. OTHER BUSINESS:
a. Resignation of Samantha Ordure Management Assistant
Mr. Commers stated he was sorry to hear that Samantha Orduno is leaving
the City of Fridley. He stated Ms. Orduno has worked very closely with
the HRA for many years, and they certainly appreciated the time and
effort she has put in on many projects. He stated the BRA would like to
make sure that some kind of recognitibn is given to her on behalf of
the BRA.
MOTION by Mr. Prairie, seconded by 11s. Schnabel, to adjourn the meeting. Upon
a voice vote, all voting aye, Chairperson Comers declared the September 8, 1988,
Housing & Redevelopment Authority meeting adjourned at 11 :45 p.m.
Respectfully submitted,
L e Saba
Recording Secretary
IOUS(NG and REDEVELOPMENT AUTHORITY
1
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAIRMAN
DUANE PRAIRIE VIRGINIA SCHNABEL WALTER RASMUSSEN JOHN MEYER I
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: November 4, 1988
REGARDING: Considering Developers for the SW 1/4 of University &
Mississippi
I have enclosed (1 -A) an updated list of the mailings of RFQ's for
the site and have indicated those organizations that have responded
with some interest in the site. Each of them has been invited to
the November 10th HRA meeting.
I have asked each of them to make a 5 minute presentation and to
be available to answer questions from the HRA and staff. Based on
this information and any following clarification, the HRA should
be prepared to give one developer a 3 or 4 month exclusive right
to prepare a development proposal and agreement with us in much the
same process as we are following with the 57th Placed project with
Winfield.
JR:ls
M -88 -322
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (6 12) 671 -3460
FRIDLEY, MN 55432 EXT. 117
Mailing list for RFQ's for Southwest Quadrant
George Applebaum a Tam Schutte
Shopping Center Group 3260 West Lake St.
2233 North Hamline Minneapolis, MN 55416
Suite 220
Roseville, MN 55113
David Molda David Salomon
Vantage Companies Stuart Corporation
11095 Vihy Drive 2177 Youngman Avenue
Suite 260 St. Paul, MV 55116
Eden Prairie, MN 55344
Jim Winkels a
Gordon Kath
Marcor Corporation
5801 Cedar Lake Road
5775 Wayzata Boulevard
Minneapolis, NN 55416
Suite 820
St. Louis Park, MN 55416
Bob Boisclair
Suite 600
Brian Doyle
1 Main Street S.E.
Welsh Companies, Inc.
Minneapolis, MM 55414
11200 West 78th Street
Eden Prairie, MN 55344
Thomas P. DuFresne, President
4he Lincoln Companies
Michelle Lundquist
7205 Chim Lane
Shaw, Lundquist and Associates, Inc.
Edina, MN 55435
2805 Dodd Road
Eagan, MN 55122
Paul Bakken
Bakken & Johnson Properties
Ed subany
32 - 10th Avenue South
Winfield Development Co.
Suite 210
3300 Edinborough Way
Hopkins, M 55443
Edina, MN 55424
Lazy Tushie
Jeff Essen Tushie, Montgomery, & Associates, Inc.
Opus Corporation 3300 Edinborough Way
9900 East Bren Road Suite 601
Minnetonka, MN Edina, MN 55435
Timothy Cashin
The Shelard Group, Inc.
7825 Washington Avenue
Bloomington, MN 55435
Wally Wilber
Caldwell Banker
900 2nd Avenue South
Suite 800
Minneapolis, MN 55402
e Have resparmded with interest to date
lA
oul
CIiYOF
FRIDLEY
CIVIC CENTER • 6331 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571 -3450
October 6, 1988
Mr. Thomas P. DuFresne
President
The Lincoln Companies
7205 Ohms Lane
Edina, Minnesota 55435
RE: Fridley Housing and Redevelopment Authority's Request
for Qualifications
Dear Mr. DuFresne:
The purpose of this letter is to introduce you to a redevelopment
opportunity in one of the most desirable areas of Fridley,
Minnesota.
One of our goals of the Fridley Housing and Redevelopment Authority
(HRA) has been to promote the concept of a "downtown" Fridley.
This concept has been realized, in part, by the successful
redevelopment of the Center City business complex and the
renovation of the Holly Center. Since the completion of these
projects, the focus of the HRA has been on a quality redevelopment
project for the southwest quadrant of this area.
Location
Located at the southwest corner of the intersection of University
Avenue (State Trunk Highway 47) and Mississippi Street, the nine
(9) separate parcels targeted for redevelopment represent a total
of 427,987 square feet (9.825 acres). The area is part of the
City's Center City Tax Increment District and is ideally suited for
office /service centers and /or multi - family residential rental
facilities. Interstate 694 and State Highways 47 and 65 offer easy
accessibility to Fridley from all directions. Nearby major rail
and trunk lines provide shipping and transportation services to the
community and its business and industries.
lc
Fridley HRA Request for Qualifications
October 6, 1988
Page 2
Site History
The site currently consists of a retail /service mix. The HRA has
site control over two parcels and has expressed a willingness to
consider acquisition of the remaining parcels. In the past, the
HRA has provided incentives for a quality redevelopment project
which included site acquisition, demolition, preparation and
delivery of the site. It is anticipated that in any redevelopment
project that 100% of the increment generated will be dedicated to
the project.
Scone of Redevelopment Project
The desire for a quality development which combines the best
elements of a commercial /retail /housing complex and further
promotes the concept of a Fridley downtown center has been
consistent in the City and HRA's negotiations with developers.
Aware that there is limited residential land available and
anticipating a costly acquisition process for the existing
buildings, the HRA has indicated to all interested parties that the
HRA is desirous of a development project in which the maximum
market values will be achieved. This would be a substantial
development in the area and would undoubtedly have a positive
economic ripple on the success and appeal of the entire downtown
Fridley environment.
It is important to note that the HRA is currently undertaking an
extensive upgrading of University Avenue which will have a
Positive, aesthetic impact on the southwest quadrant. Decorative
lighting, improved road configurations, and intersection amenities
will provide an attractive, visual enhancement to any development
taking place on this side.
Request for Qualifications
At this time, the HRA is seeking information and suggestions so
that we may be able to put together a meaningful project proposal
which will accomplish the above goals. Interested parties should
supply the HRA with the following information:
1. Name and background of the principle parties of the
company.
2. Background information on company's past projects.
3. General concept and scope of suggested redevelopment
project for the site.
4. Timeframe of project (expected dates of construction,
completion).
ID
Fridley HRA Request for Qualifications
October 6, 1988
Page 3
5. Conditions required of HRA prior to company's
preparation of detailed drawings and proposals.
It is our intent to secure the best possible redevelopment project
for this site. The Fridley Housing and Redevelopment Authority
looks forward to your participation in this request and is
confident that whatever project takes place on the site, it will
benefit all parties concerned.
If you are interested in participating with the Fridley HRA in
developing this parcel, please submit to me the above information
by October 11, 1988. This information will then be submitted to
the HRA for review at their October 13, 1988, meeting. If you have
any questions, please do not hesitate to call.
Sincerely,
Jock Robertson
Executive Director, Fridley HRA
JR /SO:ls
C -88 -500
ffWAIER
Ems- �I
TVAN
Juts I MWL5T QUADRANT STATISTICS
PIN
A 1430 - 2432-0001
6 14- 30 -24 -32 -0046
C 14- 30-24- 32-0047
D 14-30-24-32-0048
E 14- 30- 2432-0049
F.14-30-24-32-050
Business
Amoco Station
Jai K Suh .
Land
Eq. Pt. Z.st. Wt. Talue
15,625 $ 70,300 1 4.50
11,390 $ 31,300 @ 2.75
Improvements
Sq. Ft. Dollars
1,588 $ 44,100
Shopping Center 18,753 6 51,600 @ 2.75 14,000 $276,500
Burger King 61,891 $170,200 @ 2.75 2,470 $150,500
Car Nash 15.190 $ 26,100 @ L72 2,079 $ 17,900
R.a1L 7,500 $ 2,200 @ .29
U14- 30-24- 32-0051 Dairy Quem 11,125 $ 46,500 @ 4.00 738 $ 20,400
H 14- 30 -24 -32 -0056 Liquor Store 83,963 $209,900 @ 2.50 11,904 $318,600
114-30-24-32-0059 Rice playa 202450 $351,400 @ L74 10,890 $210,600
9fJM 9.825 ac. 427,987 $959,500 @2.24 43,669 $1,038,600
1/12/87-
• - --
I-E
1 ,
F ��
LOUSING and REDEVELOPMENT AUTHORITY
2
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAIRMAN
DUANE PRARE VIRGINIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: October 6, 1988
REGARDING: Proposed Lease of Parking Lot to Columbia Park
Medical Group
Columbia Park Clinic's original option for the HRA's 26,250 sq. ft.
parking area (see maps) expired on Jan. 2, 1986. A subsequent two
year lease for the same parcel expired May 31, 1988. Columbia Park
Properties has informed us that they will be unable to make a
commitment to proceed on the proposed second phase expansion of the
clinic for the next several years.
Subsequently, we have been using this parcel for temporary parking
during construction of the-Fridley Plaza ramp. When the ramp is
completed -nn or before March 1, 1989, I recommend that the HRA
lease the site to the Columbia Park Clinic on a year -by -year basis
for an annual sum of $15,000. In this way, the HRA will be able
to annually review with Columbia Park Medical Group their
development plans. These terms are acceptable to the Columbia Park
Medical Group.
With the execution of the lease, we would also execute a release
and quit -claim deed. The purpose of these documents would be to
complete a termination of any interest that the Columbia Park
Medical Group might have had under the terms of the earlier option.
(See HRA Information packet for drafts and copies of original
option.)
JR:Is
M -88 -261
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6491 UNIVERSITY AVE. (612) 671 -3450
FRIDLEY, MN 55432 EXT. 117
HERRI CK & NE t )L-- 9 PA.
ATTORNEYS AT LA«'
Virgil C. Herrick September 9, 1988
David P. Newman
James D. Hoeft
Gregg V. Herrick
Jock Robertson
City of Fridley
6431 University Avenue Northeast
Fridley, Minnesota 55432
RE: Columbia Park Properties
Dear Jock:
2-A
On September 2, 1988 I attended a meeting with Jim Hill, Gary
Van House, and Tom Gibbin. In the course of the conversation
Gary raised one additional concern he has with the proposed
lease. Enclosed you will find a copy of this lease.
Specifically, I have changed the language which formerly
read:
"Landlord agrees to notify the Tenant of any development
proposals it receives for the subject property."
to now read:
"Landlord agrees to immediately notify the Tenant
of any specific development inquiries it receives for
the subject property from any third parties."
The concern of the clinic is that they want to immediately know
if we are receiving any specific inquiries. This is to be
differentiated from a general inquiry as to the various
properties which may be available for development.
While this places a greater burden on the staff to
immediately notify the clinic, I do believe it is keeping in the
spirit of the agreement we discussed with them. If you are
comfortable with this proposed language then I would suggest that
you place it on for review by the HRA at their next regular
meeting. We should obtain specific authority from the Commission
before we execute this lease.
ncerely yours,
avid P. Newman
DPN: jeb �5. L. #� T his 00 TKf_ Ntxr ALiWDA
Enclosure
Suite 205. 6401 l'niversir Atenue N.E.. Fridley. Minnesota 55432, 612 - 571 -3850
THIS INDENTURE, made in duplicate this day of 2-8
,
1988, by and between The Housing and Redevlopment Authority in
and for the City of Fridley, Minnesota, hereinafter designated
and referred to as lessor and Columbia Park Properties,
hereinafter designated and referred to as tenant,
WITNESSETH: THAT said Lessor in consideration of the rents
and covenants hereinafter mentioned, to be paid and performed by
said Tenant, does hereby demise, lease and let unto the said
Tenant, and the said Tenant does hereby hire and take from the
said Lessor, the following described premises situated in the
City of Fridley, County of Anoka, State of Minnesota to wit:
The easterly 89 feet of Lot 2, Block 2, Fridley
Plaza Center, Anoka County, Minnesota.
A.
That said Tenant will be responsible for the maintenance of
said premises and assume all liability connected with the use of
said premises, without any liability or obligation on the part of
said Lessor of making any alterations, improvements or repairs of
any kind on or about said premises, for the term of from and
after the 1st day of March, 1989, to the 28th day of February,
1990, both dates inclusive, for the following purposes and for no
other purposes, to -wit:
Parking
And the said Tenant agrees to and with said Lessor to pay
the Lessor as rent for the above mentioned premises the sum of
Fifteen Thousand Dollars ($15,000.00) in monthly payments of
One Thousand Two Hundred Fifty Dollars ($1,250.00), payable in
advance on the first day of each and every month for and during
the full term of this lease, at the office of the Director of
Finance, City of'Fridley, 6431 University Avenue Northeast,
Fridley, Minnesota 55432.
Notwithstanding any other language to the contrary, the
Lessor may unilaterally elect to commence this lease earlier than
March 1, 1989 but not before January 1, 1989 providing the Lessor
gives the Tenant thirty (30) day written notice of its intent to
commence this lease early. In the event that the Lessor elects
to commence this lease early, then the Tenant shall pay as addi-
tional rent the sum of One Thousand Two Hundred Fifty Dollars
($1,250.00) per month or a pro -rata amount for any additional
term less than a whole month.
Further, notwithstanding any other language to the contrary,
either party may terminate this lease early without further
obligation, upon giving ninety (90) day written notice by
certified mail to the other party. However, this provision for
early termination shall only apply if the Lessor has executed a
development contract covering the subject property.
Landlord agrees to immediately notify the Tenant of any specific
development inquiries it receives for the subject property from
any third parties.
-1-
Tenant shall not erect or permit to be erected on said
premises, any signs on the premises without the written con-
sent of Lessor endorsed hereon.
The Tenant agrees that he will not sublet the demised
premises, or any part thereof, and will not assign this
lease or any interest therein, nor permit such lease to
become transferred by operation of law or otherwise, and
that no act or acts will be done or suffered whereby the
same may be or become sublet or assigned in whole or in
part, unless the written consent of the Lessor endorsed
thereon shall be first obtained in each and every case of
underletting or assignment, as they shall from time to time
occur or be desired, and that nothing whatever shall be held
to be a waiver of or supersede the necessity of such endor-
sement.
Any assignment, sale in bankruptcy or insolvency of the
Lessee may, at the option of the Lessor, be considered an
assignment within the meaning of this Lease and as a breach
of the covenants hereof.
J.
The Tenant further agrees that the Lessor shall not be
liable for any damage, either to person or persons or pro-
perty or the loss of property sustained by the Tenant, or by
any other person or persons due to the demised premises due
to the happening of any accident, or due to any act or
neglect of the Tenant, or any tenant or occupant of said
building, or of any other person, persons or corporations.
The Tenant assumes all liability and obligation on
account of all damages on account of the matters and things
above referred to, and agrees to save the Lessor harmless
thereon and therefrom, and to indemnify the lessor an
account thereof.
The Tenant further covenants and agrees at its own
expense to observe and keep all regulations and requirements
of the City of Fridley or other public authorities in force
at the time of the taking possession by the Tenant of the
demised premises or which may thereafter be made regarding
the condition and conduct of said demised premises, any part
thereof.
It is understood and agreed with respect to all altera-
tions and repairs, improvements or alterations to said
demised premises, or any part thereof, which shall only be
with the written consent of the Lessor, that Tenant shall
and will in each instance save said Lessor and said premises
forever harmless and free from all costs, damages, loss and
liability of every kind and character which may be claimed,
asserted or charged, including liability to adjacent owners
based upon the acts of negligence of said tenants or their
agents, contractors or employees, or upon the negligence of
-2-
any other person or persons in or about said premises or
upon the failure of any or either of them to observe and
comply with the requirement of the law or with the regula-
tions of the authorities in the said City of Fridley and
will preserve and hold the Lessor and said premises forever
free and clear from liens for labor and material furnished.
Tenant, upon leaving the premises hereby leased, shall
at his own expense remove all rubbish and refuse, and upon
tenant's failure so to do, lessor may immediately without
further notice to Tenant do the same at Tenant's expense,
which the Tenant shall immediately pay upon receipt of a
bill for same from Lessor.
The Tenant agrees that no assent, express or implied, by
the Lessor to any breach of any of the Tenant's covenants or
agreements shall be deemed or taken to be a waiver of any
succeeding breach of such covenant.
Each of the covenants, provisions, terms and agreements
of this Lease shall inure to the benefit of and shall be
obligatory upon the respective heirs, executors, admi-
nistrators, successors and assigns of the Lessor and Tenant
respectively.
There are no understandings or agreements outside of
this Lease.
IN TESTIMONY WHEREOF the Lessor and Tenant have hereunto
set their hands and seals the day and year first written.
We, the Tenant, hereby acknowledge that at the time of
making and delivery of this Lease, the Lessor delivered to.
us a full, true and complete copy of same.
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLEY, MINNESOTA
By
Its Chairman
By
Its Executive Director
COLUMBIA PARR PROPERTIES
By
Chief Executive Director
-3-
LESSOR
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2 -D
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IOUSING and REDEVELOPMENT AUTHORITY
3
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAMMAN
DUANE PRARE VRGNIA SCHNABEL WALTER RASMUSSEN JOHN MEVER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: October 7, 1988
REGARDING: Project Maintenance Funds
At the Sept. 8th HRA meeting, the HRA reviewed the design
specifications on the University Avenue improvements and discussed
a schedule for HRA review of maintenance cost estimates for that
project. The HRA was advised that the HRA should discuss with the
City Council how to handle project maintenance costs before any
contracts are awarded.
I have attached some very preliminary estimates from the Public
Works Department for project maintenance costs for Rice Creek Road.
In addition are included the estimated maintenance costs for the
following proposed projects: University Avenue Corridor, Highway
65 Corridor, and Old Central Avenue Parkway.
We have not yet received MnDOT's review and any potential
recommended changes. Mr. Newman and I suggest that the staff be
directed to prepare a short policy option paper discussing project
maintenance funding options for review and discussion at a joint
HRA /City Council conference meeting which could be held in November
or December. We are currently waiting for completion of a review
of our major tax increment financing projects by Mr. Casserly, and
this review and his recommendations will have a definite influence
on the policy options available to us.
JR:Is
M -88 -268
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. ($12) 571 -345
FRIDLEY, MN 55432 EXT. 11 T
MEMORANDUM
TO: Jock Robertson, Executive Director - BRA W88 -72
FROM: `john G. Plora,(Public Works Director
DATE: March 4, 1988
SUBJECT: Project Maintenance Costs
In my manorandm of February 4, 1988, I attempted to inf orm you and the HRA
members that some of the proposed improvement projects will result in annual
expenditures for maintenance and operation.
The 40 acre plus Lake Pointe site will require extensive grounds maintenance
until the property is developed. The minimal work includes the activation
and deactivation of the lawn sprinkler system, cutting of the grounds and
pickup of the debris. Due to the size of the site, it is beyond the
capabilities of the Public Works Park section. Therefore, I recommend a
contract be awarded for this work - Estimated cost is $25,000. In addition,
the watering of the site, based upon last year's volume, will result in an
expenditure around $8,000.
The attached breakdown of costs for the University Avenue Corridor, Rice
Creek Road, Highway 65 corridor and Central parkway is based upon completion
of the projects to include lighting of the highway and frontage roads. I
safe sided the overall cost to approximately $176,000 annually.
Initially we could complete the debris pickup and mowing of the University
Avenue corridor. This is estimated at 525,000. As the other projects attain
fruition, they would exceed our inhouse capabilities and properly be combined
into a service contract. At that time, overall effort will depend upon what
is desired, whether the medians and shoulders are included, type of
landscaping and requirements and associated watering requirements.
Electrical costs for street lighting, pole and bulb replacement are other
costs that will also need to be satisfied and are not currently City
responsibilities.
dGF /ts
3 -A
Corridor
2 Men at $10.00 - 40 hours, 7 months, 4 weeks
Shoulder Cutter
Truck at @35.00 /hour - 7 months, 4 weeks
Lights $10.00 x 100 x 12
Frontage Road Lites $10.00 x 150 x 12
Rice Creek Road
1 Man at $10.00 - 20 hours, 7 months, 4 weeks
Lawn Mower @ $20.00 - 7 months, 4 weeks
Truck at 530.00 /hour - 7 months, 4 weeks
Sprinklers 2 @ $15.00 - 20 hours, 3 times
Materials
Lights $10.00 x 30 x 12
Highway #65
Sane as Corridor
Central Parkway
S3mil iar to Corridor
2/4/88
5 22,400
10, 000
840
S 33,240
12, 000
S 45,000
18,1000
$ 63,000
5 5, 600
560
840
it 800
500
$ 9,300
3,600
$ 13,000
$ 45,000
$ 45,000
$166,000
IOUSING and REDEVELOPMENT AUTHORITY
4
COMMISSION MEMBERS: LAWRENCE COMMERS. CHAIRMAN
DUANE PRAI:E VIRGNIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: October 6, 1988
REGARDING: Plaza Ramp Security System
At your direction, I have retained the services of Electronic
Interiors for additional design and consulting work for
installation of conduit for audio, video, and interactive
communication systems to upgrade plaza ramp security. This was
estimated not to exceed $1,117. Change orders for the actual
installation of the conduit are now in progress and may be
available by the time of the meeting on October 13, and work on
installation is proceeding as authorized.
I have also met with the architects and they are currently
redesigning the ventilation openings to be screened with chain link
fencing. This change order will be ready in about another month.
Mr. Turnbull will attend the Oct. 13 HRA meeting to respond to the
questions raised by the HRA concerning the Police Department's
ability to hire a full or part -time staff to monitor the camera
surveillance system.
To summarize, the passive safety system has been committed, and
all options for the active system have been retained. Additional
lighting, conduit, and light standards stands have been added to
the plans. Screening the ventilation opening is in the works. The
painting of the lower level to increase brightness will be an
additional contract which we will bring to the HRA when the ramp
is completed. The HRA may add the video and audio surveillance and
interactive systems at any time in the future through the conduit
system presently being designed ,and installed. (See HRA
Information packet for prints of the conduit and camera locations
and for copies of the Sept. 2, 1988, Electronic Interiors security
proposal.)
JR:ls
M -88 -262
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (6 12) 571 -3450
FRIDLEY, MN 55432 EXT. 117
L!-A
September 9, 1988
Mr. Jock Robertson
Community Development Director
City of Fridley
6431 University Avenue Northeast
Fridley, MN 55432
Dear Mr. Robertson:
Pursuant to a motion by the Fridley HRA and conversation between
yourself and Mr. Marlo Johanson of Electronic Interiors Inc, this
letter will serve as a contract between the Fridley HRA and
Electronic Interiors Inc.
Electronic Interiors Inc. will proceed with consulting and design
to provide rough -in facilities for the surveillance system at the
new Fridley city Hall parking facility.
The scope of our work will include:
1. Development of working one -line diagram of the proposed
system including rudimentary technical aspects of
installation for these devices
2. Define locations of cameras, microphones and speakers
required to implement the system
3. Define the raceway and box provisions required by the
above devices and the monitoring system
4. Draft the rough -in provisions in a form suitable for
inclusion in a change order to be issued by the
Architects.
We will include the one -line diagram for insertion in the Owner's
Manual to provide information as to the intended system if the
installation phase is not accomplished at this time.
Time Allotment and Fees
Our fees for the above design and consulting work will not be in
excess of $1,117.
1019-
•
612. 292.1035.40 MACICI
4-B
Mr. Jock Robertson
September 9, 1988
Page 2
Electronic Interiors Inc. consulting and research fees will be
computed on the basis of time charges, which are based on our
hourly rate of Ninety -five Dollars ($95.00). We estimate nine
hours of consulting and research time will be spent.
Draftsman rates are billed on a cost plus basis of Twenty -eight
Dollars ( ;28.00) per hour. We estimate eight hours of draft time
will be spent.
Clerical rates are billed on a cost plus basis of Nineteen
Dollars ($19.00) per hour. We estimate two hours of clerical
time will be spent.
Telephone conversations of a consulting nature where information
is disseminated and our services utilized will be billed at a
minimum of 1/4 hour each. There are no meetings for review or
clarification included in this proposal. Time accrued for
meetings will be billed separately at our consulting rate.
We will bill you monthly for all time charges incurred during
each month on the 25th of each month with the balance due in full
thirty (30) days after receipt of invoice.
We will maintain for your inspection a complete project record of
all time expended.
If this meets with your approval, please sign both copies of this
letter and return one to us. We will proceed with the agreed
upon work once we receive a signed copy of this letter. If you
wish to fax a signed copy to us, you may do so. Our fax number
is 292 -1063.
KO /Sp
Enclosure
Sincere ,
t
Kate 0' illy
Opera 1
s Officer
lir
c. .. _.
ity of Fridley
4-C
Bossardt
Christenson
y
Corporation
October 13, 1988
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
ATTENTION: Mr. Jock Robertson
RE: FRIDLEY CIVIC CENTER /PLAZA RAMP
FRIDLEY, MINNESOTA
Dear Sir:
As per your request, please find below a cost breakdown for
various ramp "security measure" items for the above project.
The items as we understand them are as follows:
- Paint ramp walls
ADD
$ 2,450
- Paint ramp ceiling
ADD
81500
- Chain link fence (north and east)
ADD
51000
(black vinyl coated with top and
bottom rail)
- Additional interior fixtures
ADD
2,080
- Additional conduit and electrical
rough -in work for future lighting and
security systems
ADD
5,790
- Light pole bases (7)
ADD
11500
- Light poles, fixtures and wiring (7)
ADD
14,720
TOTAL . . . . . . . . $40,040
We believe the above accurately reflects the pricing you
require.
If you have any questions please contact us.
Your ver truly,
e a
BOS ARDT CHRISTENSON CORPORATION
KB:lm cc: D. Kroos
Development and Construction Management Services
2910 Multifoods Tower • 33 South Sixth Street • Minneapolis, Minnesota 55402 • (612) 333 -7414
IOUSING and REDEVELOPMENT AUTHORITY
5
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAIRMAN
DUANE PRARE VRGWIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: November 4, 1988
REGARDING: Winfield Redevelopment Proposal for 57th Place
On Wednesday, October 19, 1988, Dave Newman, Jim Casserly, and
myself met with the representatives from Winfield to review their
apparent lack of progress on their development proposal. At this
meeting, Winfield assured us of their progress on the project.
They indicated that they would order an appraisal of the properties
in question and would forward to us letters of intent or prelease
agreements from tenants. The anchor tenant will be a branch bank.
We also discussed actions to deal with the potential problem of
contaminated soil on the sites that were used for service stations
or garages.
An outline of a development agreement was discussed and the
following major points were discussed:
1. There will be an assessment agreement for the base taxable
value, probably for the life of the bond.
2. The developer will guarantee a completion date after the HRA
delivers title to the land.
3. There will be a complete project description including
visual quality footages and building values.
4. The developer will provide security by either cash or a letter
of credit of $50,000- 80,000 plus a financing commitment by the
lender.
It was agreed at that time that the City would proceed with the
draft of the above agreement when the developer secured the tenant
commitment from the branch bank. The developer said they would
have this commitment by October 21st. We have not yet heard from
them and we understand the bank is still looking at alternative
locations. The developer will be at the meeting on November 10 to
provide us an update.
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. ($12) 571 -3450
FRIDLEY, MN 55432 EXT. 117
IOUSING and REDEVELOPMENT AUTHORITY
)-A
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAMMAN
DUANE PRAAE VIRGNIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: October 7, 1988
REGARDING: Winfield Redevelopment Proposal for 57th Place
On August 11th, the HRA granted exclusive development rights to
Winfield Development, Inc., for 90 days (Nov. 10, 1988) for a 57th
Place redevelopment. Winfield did not subsequently pay the HRA a
sum of $5,000 for appraisals, soil borings, and environmental
evaluations; and, therefore, according to the terms of the motion,
has a burden of doing the necessary work themselves.
We have subsequently had only one followup meeting and several
telephone conversations with William Fogerty, Project Coordinator,
from Winfield Development, Inc. In these conversations, we have
stressed that Winfield must have a development package together by
the October HRA meeting in order to proceed with preparing a draft
development agreement by the 90 day deadline of Nov. 10, 1988.
As we go to press for this agenda, Winfield has apparently failed
to make any sustantial progress toward preparing a development
agreement. The only concrete information we have received was the
progress report dated Sept. 8 in which Mr. Fogerty noted that Rapid
Oil was trying to pursue a move to the south side of 57th, and a
meeting was held with Crosstown Bank (see attachment).
My preliminary conclusion is that Winfield will be unable to make
the November 10th deadline unless they accomplish some unforeseen
heroic effort to put a project together in the next six days, and
the HRA should be prepared to find another redeveloper at this 57th
Place site.
JR:Is
M -88 -267
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (612) 571 -3450
FRIDLEY, MN 55432 EXT. 117
%V
September 8, 1988
HRA
Fridley, MN
5-B
VAnfleld
Developments, 3300 Edinborough Way
Inc. Edina, Minnesota 55435 612- 835 -5932
Re: Progress Report -57th and University Avenue Project
Lear Fridley HRA Members:
I am writing this to inform you of the progress we have made, to date,
regarding the 57th and University Avenue project.
I met with Ralph Allen, from Rapid Oil, on Friday, September 2, 1988 to
discuss moving them to the south side of 57th and University Avenue.
Ralph said that he would pursue it with the corporate board to see if
they are interested. Ralph said that he would try to get a "Straightout"
purchase price which would minimize possible conflicts also.
A meeting with the Crosstown Bank has been scheduled to attempt finalization
of the following:
1. Square footage
2. Rate
3. Buildout numbers
Sincerely,
William Fogerty
Project Coordinator
WF /mj
�+J
HERRICK & NEWMAN P.A.
ATTORNEYS AT LAW
Virgil C. Herrick
September 26, 1988
David P. Newman
James D. Hoeft
Ong V. Herrick
John R. Gries
Ramier, Gries, Murray and Lenhardt
402 Park National Bank Building
5353 Wayzata Boulevard
Minneapolis, Minnesota 55416
RE: Fridley Housing and Redevelopment Authority and
Gerald Paschke
Your File No.: 9055
Dear Mr. Gries:
Please be advised that the undersigned is legal counsel for
the Fridley Housing and Redevelopment Authority. Chairman
Commers has forwarded onto me for a response your letter to him
of August 30, 1988.
The property in question has been a source of ongoing problems
for the City and the HRA. Not only has Mr. Paschke failed to
complete the construction of the pond in question but he has also
completely failed to provide for its required maintenance. As a
result of his failure, not only has the HRA been required to
complete the construction of the pond but in 1988 the City had to
mow the area on two (2) occasions. Further, Mr. Paschke has
repeatedly indicated to the staff his unwillingness to provide
the level of maintenance which the City required.
Under the terms of the Development Agreement entered into
between the Fridley HRA and Mr. Paschke, it was agreed that
Mr. Paschke would construct this holding pond as part of the
Minimum Improvements. This is provided for not only in the
definition of Minimum Improvements but also further provided for
in Section 4.5. You will also note that under the terms of
Section 4.5, Mr. Paschke was required to maintain this area.
Pursuant to the terms of Section 6.2(a), because of Mr. Paschke's
repeated failure to comply with the terms of this agreement the
Authority is authorized to and in fact has elected to suspend its
Performance under the agreement. As a result, they have deter-
mined that they will not tender to Mr. Paschke the remaining
$10,000.00.
6-A
John R. Gries
September 26, 1988
Page Two
Since Mr. Paschke has not completed the required work within
the time period specified in Section 3.2(b), the agreement
expressly states that "The Reserved Funds shall no longer be
subject to any provision of this Agreement and. the Authority may
thereupon use the Reserved Funds for any other of its lawful
purposes." As a result of Mr. Paschke's deliberate decision not
to comply with the terms of this agreement, the KRA has elected
to terminate this Agreement and will use the remaining $10,000.00
to reimburse itself for the expenses it has incurred and for any
other purposes it deems appropriate.
Sincerely yours,
David P. Newman
DPN:jeb
cc: Lawrence Commers
Jock Robertson
HERWK & NEWMAN P.A. �
ATTORNEYS AT LAW
Virgil C. Herrick October 3, 1988
David P. Newman
James D. Hoch
Gregg V. Harick
Michael Knight
Johnson, Wood, Phleger 6 Bigelow
730 East Lake Street
Wayzata, MN 55391
RE: Clark Engineering Co. v.
Louis R. Lundgren, et al.
Your File No. 88 -12343
Dear Mr. Knight:
Enclosed herein you will find an Acknowledgement of Receipt
of Summons and Complaint dated September 28, 1988 which I have
executed as the attorney for the Fridley Housing and
Redevelopment Authority. Also enclosed herein you will find an
Acknowledgement of Receipt of Summons and Complaint which has
been executed by Robert A. Levy as the attorney for Rice Plaza.
This Acknowledgment is also dated September 28, 1988.
Please be advised that the undersigned will be submitting an
answer on behalf of Rice Plaza, the City of Fridley, and the
Fridley Housing and Redevelopment Authority.
Sincerely yours,
David P. Newman
DPN:jeb
Enclosures
cc: Jock Robertson
Richard Diamond
4.
Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612 - 571 -3850
IHERRICK & P.A. 7-A
ATTORNEYS AT LAW
Virgil C. Herrick September 23, 1988
David P. Newman
James D. Hoeft
Gtrgg V. Herrick
Robert J. Silverman
Dorsey Whitney
2200 lst Bank Place East
Minneapolis, MN 55402
RE: Louis Lundgren
Dear Mr. Silverman:
Enclosed you will find a copy of a Mechanic's Lien which was
filed by Clark Engineering Co. on the property owned by the
Fridley HRA and the Rice Plaza Shopping Center. The owners of
the Rice Plaza Shopping Center have demanded that the Fridley HRA
defend and indemnify them in this matter, a request which the HRA
accepted.
In light of the fact that Mr. Lundgren incurred these expenses
in his own capacity and not as an agent for either property owner,
I am tendering the defense in this matter to Mr. Lundgren.
I would appreciate your advising me in the near future what
steps Mr. Lundgren intends to take in order to resolve this
issue.
Sincerely yours,
David P. Newman
DPN:jeb
Enclosure
cc: Jock Robertson
Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432. 612 -571 -3850
HERRICK & M�WMANRA. 7-B
ATTORNEYS AT LAW
Viigi! C. Herrick September 23, 19 8 8
David P. Newman
James D. Hoeft
V. Herrick
Richard L. Diamond
Estes Parsinen & Levy
100 South Fifth Street
Suite 1100
Minneapolis, Minnesota 55402
RE: Fridley BRA /Rice Plaza
Dear Mr: Diamond:
Please be advised that at the September 8, 1988 meeting of
the Fridley BRA they agreed to indemnify and defend the owners of
the Rice Plaza Shopping Center from the Mechanic's Lien filed by
Clark Engineering Co.
They further instructed the undersigned to contact the
attorneys for Clark Engineering for the purpose of seeing if this
matter could be amicably resolved. If this proves to be unsuc-
cessful, then they have instructed me to commence the appropriate
litigation.
While this issue was not raised with the BRA, I would caution
you that they have not agreed to reimburse the owners of the Rice
Plaza Shopping Center for any expenses which they might incur
with your firm on this matter. Consequently, while I certainly
intend to keep you informed of my progress and would be receptive
to any suggestions you might like to make, both you and your
client should be aware of the fact that the BRA has not agreed to
reimburse either you or your client for time which you might
spend on this file.
As you will note from the enclosed letter I have already been
in contact with the attorneys for Clark Engineering. I will keep
you advised of any progress which I might make.
Sincerely yours,
David P. Newman
DPN:jeb
Enclosure
cc: Jock Robertson
Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612 -571 -3850
7 -c
HERRICK & UEWMAN P.A.
ATTORNEYS AT LAW
September 23, 1988
Virgil Q Herrick
David P. Newman
James D. Hock
Gregg V. Herrick
Peter W. Johnson
Johnson, Wood, Phleger & Bigelow
730 East Lake Street
Wayzata, Minnesota 55391
RE: Clark Engineering v. Lundgren Associates, Fridley HRA et al.
Dear Mr. Johnson:
I am writing to confirm with you the telephone conversation
which we had during the week of September 12, 1988. In that
conversation I advised you that the undersigned is representing
both the Fridley HRA and the owners of the Rice Plaza Shopping
Center in the above matter. In the course of that conversation I
again indicated to you that I believed your client is without
factual basis for the recording of this lien. However, I also
suggested to you that my client might be amenable to the payment
of a nominal amount in order to have this lien removed. You
informed me that you would review this with your client and get
back to me in the near future. I would appreciate it if you
could advise me of your position at your earliest convenience.
I have also reviewed with Jock Robertson your letter of
September 15, 1988. While neither of us can respond to any
conversations between Mr. Lundgren and Mr. Frenchler, I do not
believe that any representations which Mr. Lundgren might have
made could be construed to be binding upon the HRA or the owners
of the Rice Plaza Shopping Center. Further, while Mr. Robertson
does not specifically recall the contents of his conversation
with Mr. Frenchler in late 1987, it is his standard practice when
these types of inquiries are made to advise the inquiring party
of information that is available in the public record. In this
case the public record would disclose the fact that Mr. Lundgren
continued to be a viable potential developer and that he was
working with the HRA. The record would disclose that Mr. Lundgren
was attempting to arrange financing and would further disclose
that the HRA had no implied or actual contractual relationship
with Mr. Lundgren.
I repeat my earlier position that Clark Engineering had no
reasonable basis to believe within 120 days of the date of filing
its lien, that Mr. Lundgren was acting as an agent for or under
a contractual relationship with either the owners of the Rice
Peter W. Johnson
September 23, 1988
Page Two
Plaza Shopping Center or the Fridley KRA. While
would hope that we could resolve this matter in
fashion, I have been instructed by my clients t o
defend on this action if necessary.
Sincerely yours,
David P. Newman
DPN:jeb
cc: Jock Robertson
Richard L. Diamond
I certainly
an amicable
vigorously
7
'= PLANNING DIVISION �
MEMORANDUM
F�DL�EI'
1TO: Planning Commission Members
FROM: Barbara Dacy, Planning Coordinator
DATE: November 4, 1988
RE: Norwood Square Elderly Housing Development
Applications
As some of you may be aware, the City detained action on the
Norwood Square and the Cottages applications until the City Council
determined its policies for senior housing. The City Council
undertook a preliminary discussion of proposed senior housing
policies on October 31, 1988. A summary of their discussion is
provided below.
The City Council felt that financial assistance for both pending
housing applications would not be appropriate at this time. The
Council perceived a larger need for housing for low and moderate
income seniors. Data is currently not available identifying the
number, age, income and housing preference of Fridley seniors. The
Council directed staff to prepare a report identifying alternative
ways to conduct a study to determine the aforementioned
information. Upon completion of this study, better information
will be available to determine whether the City should pursue
assisting a low to moderate income housing project. In fact, the
study may enable the City to obtain federal assistance.
The Council also wanted to pursue obtaining the cooperation of
Anoka County in assessing senior housing needs. A comprehensive
apprach to senior housing should be pursued in order to achieve a
proper housing distribution county wide. .
Staff notified Community Development Corporation on November 1,
1988 and Arkell Development on November 4, 1988 regarding the
Council's discussion. Although City financial assistance is
important to the Norwood Square project feasibility, Community
Development Corporation felt it was important to proceed to the
Planning Commission to determine if there are other outstanding
issues which should be resolved. City staff concurs with this
proposed course of action since the issue of whether or not
financial assistance will be available for the applicant is not a
purview of the Planning Commission.
M
Norwood Square
November 4, 1988
Page 2
The Planning Commission should consider the Norwood Square request
as any other application. A meeting before the City Council,
however, will not be scheduled until the senior housing policy
issues have been finalized.
BD /dn
M -88 -315
L. :
OUSING and REDEVELOPMENT AUTHORITY
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAIRMAN
DUANE PRARE VRGNIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: October 7, 1988
REGARDING: Information on "The Cottages" Proposal
On September 14th, the Planning Commission held a public hearing
on the application for a special use permit for "The Cottages"
elderly housing on Hillwind Road and Rice Creek Road. Several
members of the City Council also attended that meeting. Comments
and suggestions were received from the public both on the issue of
the appropriateness of the sites for this particular type of
housing and also on the general need for housing specifically
designed for the elderly in the community. (See Planning
Commission minutes in HRA packet.)
At the conclusion of the public meeting, the Planning Commission
decided to table further action on the proposal until the City
Council has a chance to discuss elderly housing policy at the
Council Conference scheduled for October 31. Staff is presently
preparing a policy paper to identify options, costs, and benefits;
and I will make copies available to the HRA, together with Council
discussion in November. (See attached outline of policy analysis.)
JR:ls
M -88 -266
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (6 12) 571 -345
FRIDLEY, MN 55432 EXT. 117
a-C
* ** See HM Information Packet for completed paper
ELDERLY HOUSING
ISSUE: What should be the City's commitment to elderly /senior
housing?
I. DEFINITIONS: There are many types of "housing" catering to
"seniors" based on a number of variables:
A. Age
B. Health Status
C. Cost
D. Housing Type
1. Low - one story
2. Mid -rise, two to three story
3. High rise
E. Income
II. IDENTIFY STATE, REGIONAL AND /OR FEDERAL REGULATIONS WHICH
WOULD INFLUENCE LOCAL POLICY:
A. Targeting certain variables identified in "D" above.
B. Location requirements
C. Others
III. IDENTIFY OTHER AGENCIES WHICH PROVIDE HOUSING:
A. For - profit corporations
B. Non - profit agencies
C. Churches
D. Other
IV. ANALYZE EXISTING CONDITIONS IN FRIDLEY:
A. Number of existings units specifically for elderly
B. Identify "need" for housing
1. Review Maxfield study
2. Interview Nancy Jorgenson and Connie Thompson
3. Determine waiting list at Village Green
4. Analyze relationship to metro area needs.
C. Review current policies stated in housing chapter of
comprehensive plan.
D. Review any past decision regarding elderly housing made
by City Council.
E. Review legal issues of providing assistance with tax
increment monies.
LrD
Page 2
V. IDENTIFY ALTERNATIVES AND IMPACTS:
A. Maintain current policy
1. Second mortgage
2. Soil correction
B. City build and maintain housing
C. Encourage rehabilitation of existing apartment or other
multiple family buildings
D. Land donation, write -down, or acquisition
E. Tax reductions
F. Subsidize rents
G. Others
VI. PRELIMINARY CONCLUSIONS:
VII. FURTHER RESEARCH NEEDS:
A. Potential zoning ordinance amendments
B. Review by affected commission
1. Planning
2. Parks and Recreation
3. Human Resources
C. HRA project guidelines, i.e., tax increment or
housing revenue bonds
IOUSING and REDEVELOPMENT AUTHORITY
9
COMMISSION MEMBERS: LAWRENCE COMMERS, CHAVtMAN
DUANE PRARE VIRGINIA SCHNABEL WALTER RASMUSSEN JOHN MEYER
CITY OF FRIDLEY
TO: Housing & Redevelopment Authority Members
FROM: Jock Robertson, Executive Director to the HRA
DATE: November 4, 1988
REGARDING: Stinski Hillwind Road Office Proposal
After City Council granted the rezone and variance for this
proposed project on September 12, we did not receive the specific
request for financial assistance and proforma until Tuesday,
November 1. Although we have not had time for a thorough review
as we go to press, a few items should be noted:
1. The proposed rental rate of $15.25 p.s.f. is near the top of
the market in the northern suburbs, and it is that range of
space that is experiencing the highest vacancy rates.
2. If the vacancy ratio was 5% instead of the projected 16 %,
$38,000 extra actual income would be available as compared
to the estimated $31,550 TIF subsidy requested.
At this point, I am more inclined to suggest a second mortgage of
up to 10% of the total project value, which would still be a
healthy maximum of about $200,000 principal. I will have some
updated information at the Nov. 10th meeting.
JR:ls
M -88 -323
EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (612) 671 -3450
FRIDLEY, MN 55432 EXT. 117
=
November 1, 1988
The Housing and Redevelopment Authority
In and For the City of Fridley
City of Fridley
6431 University Avenue NE
Fridley, Minnesota
Jock Robertson
Director of Community Development
Re: 1001 Hillwind Road
Lot: 3 Addition: Aud Sub No 25 Plat: 54155
941 Hillwind Road
Lot: 1 Blk:l Addition: Hillwind Plat: 56217
Dear Mr. Robertson,
Attached please find documents requested for submission to
the Housing and Redevelopment Authority In and For the City
of Fridley, for the November 10, 1988 meeting.
The existence of the Hillwind Project in the City will
contribute to a more intensive development and use of the
land to increase the tax base of the city.
Conventional, commercial financing to pay the capital cost of
the Project is available at such a cost of borrowing that the
economic feasibility of operating the Project is prohibitive.
However, with the aid of municipal financing, and its
resulting low borrowing cost, the Project becomes feasible.
Industrial Development Bonds need to be issued and sold upon
favorable rates and terms to finance the project. The
issuance of such bonds by the City is the inducement needed
by the applicant to construct its facility in the city.
Thank you for your attention and consideration of this
development Project.
Sincerely,
Cheryl L. Stinski
1612 Berne Circle
Fridley, Minnnesota 55421
W
HILLWIND OFFICE PROJECT
941/1001 Hillwind Road
Fridley, Minnesota
COST BREAKDOWN:
Land ............ ........................200,000
Architectural & engineering ............. 50,000
Survey ... ............................... 5,500
Soil borings ............................ 2,500
Site preparation ........................ 40,847
Demolition of houses .................... 15,000
Utilities ...................bury cable.. 30,000
Sanitary sewer .......................... 69,000
$ 412,847 412,847
Building:
31,135 sq. ft. x $47.00 /sq. ft ..... $ 1,463,345
Parking (under cover) 7.00 /sq. ft.. 218,000
1,681,345 1,681,345
$ 2,094,192
9-C
DRAFT PROFORMA:
GROSS RENTAL INCOME
100% OCCUPANCY BASIS
22,750 sf net rentable x 15.25 psf = 346,937
Rounded: 347,000
VALUE ANALYSIS OF RENTAL INCOME
Annual Gross Rental Income $ 347,000
(less)
Vacancy & and Loss Allowance (55,520)
(reflecting 16% vacancy ratio)
Effective Gross Income $ 291,480
s
Estimated Annual Expenses & Allowances
Taxes 75,000
TIF taxes (20 years) 31,550
Operating costs 76,000
Total $ (182,550)
Estimated Annual Net Income
Before Depreciation and Debt Service $ 108,930
Debt Service $ (138,405)
Net Income loss $ ( 29,475)
W o
SOURCE AND APPLICATION OF PROJECT FUNDS
The following reflects the source and application of project
development funds, subject to change at final closing.
Sources of Funds
Bonds $ 1,825,792
Tax Increment funds 631,000
$ 2,456,792
Use of Funds
Land $
200,000
Architectual & engineering
50,000
Survey
5,500
Soil borings
2,500
Site Preparation
40,847
Demolition
15,000
Utilities
30,000
Sanitary Sewer
69,000
Construction cost
1,463,345
Parking
218,000
Marketing & leasing
35,000
Cost of Isssuance
120,000
Debt service reserve fund
138,400
Capitalized interest
69,200
$ 2,456,792
9-E
CIlYOF
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571 -3450
September 19, 1988
Cheryl Stinski
1612 Berne Circle N.E.
Fridley, MN 55432
On September 12, 1988 the Fridley City Council officially approved your request
for a Rezoning, ZOA #88 -01, to rezone from R -3, General Multiple Dwelling,
to CR -1, General Office, on part of Lots 2 and 3, Auditor's Subdivision No.
25, the same being 1001 Hillwind Road N.E., with the following stipulations:
1. The vacated house on the rezoned parcel should be removed from the site
prior to the publishing of the rezoning ordinance.
2. The proposed rezoning is for the development as outlined on the attached
site plans and elevations only.
3. The petitioner or her agent agrees to manage the leasing of the office
space in a fashion which would not create a need for on- street parking.
Should on- street parking result, the City may sign the street as "no
parking" and require that additional stalls be made available or the need
be reduced.
4. Petitioner to work with staff on landscape refinements and have an agreed
upon plan prior to City Council approval.
5. Petitioner to supply a storm drainage plan which meets staff approval
prior to City Council public hearing.
6. Petitioner to supply a performance bond or letter of credit in the amount
of 3% of the construction value prior to issuance of a building permit.
7. That this rezoning is contingent upon the property owner filing
Restrictive Covenants against the subject property providing for the
following:
a. That the property will only be used for the construction of a
building that fully conforms with and complies with those site
plans and elevations which are on file with the office of the
Director of Community Development for the City of Fridley.
9 -F
Stinski ZOA
September 19, 1988
Page 2
b. That the property owner warrants that all tenants, visitors,
or occupants of any building constructed on the premises will
not park in the street while using or visiting the building.
Further, the owner will take any and all steps which are necessary
so as to ensure that there is not any on- street parking.
8. In the event that a Certificate of Occupancy is not issued on or before
June 1, 1990 by the City for the building described in paragraph I
above, then this rezoning shall be automatically terminated and the
zoning classification for the property shall revert to the original
zoning classification of R -3, General Multiple Dwelling.
If you have any questions regarding the above action, please call the
Planning Department at 571 -3450.
Sincerer►, '
ohn L. Robertson
Community Development Director
JLR /dn
Please review the noted stipulations, sign the statement below and return one
copy to the City of Fridley Planning Department by September 30, 1988.
Concur with Afion taken
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SITE PLAN
10
ESTIMATES
CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 554:2
?M: City of Fridley Engineering Division
'O: Honorable Mayor and City Council
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
E: OCTOBER 17, 1988
D—A
RE: Estitate No. 6
Period Ending:18 -15 -8$
FOR: TALBERS LAWN & LANDSC
101 WILSHIRE DRIVE
MINNETONKA, MN 55343
LAKE POINTE DEVELOPMENT MAINTENANCE PROJECT 4191
STATEMENT OF WORK
---------------------------------------------------------------------------------------------------------------------------
ESTIMATED UNIT QUANTITY THIS TOTAL
CONTRACT ITEM QUANTITY PRICE UNIT ESTIMATE TOTAL AMOUNT
---------------------------------------------------------------------------------------------------------------------------
:ntenance Services 1.88 33,758.88 LUMP SUM 8.143 8.858 28,928.57
---------------------------------------------------------------------------------------------------------------------------
TAL S2B,928.51
SUMMARI:
Original Contract Amount
Contract Additions
Contract Deductions
Revised Contract Amount
Value Completed To Date
Amount Retained (51)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
13—B
$33,758.88
$8.88
$33,758.88
$28,928.57
$1,446.43
$22,981.76
$4,588.38
I hereby certify that the work performed and the materials supplied to date under the terms of tFe contract for this
project, and all authorized charges thereto, have an actual value under the contract of the amounts shown on this
estimat land the f' ar.tities on the final estimate are correct), and that this estimate is just and correct and no
part of th no- , Du Th' i has been received.
By-_ / -- Date T ��
Contrac or's Author:zed Representative itle)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this
estimate under the contract for reference project.
[TTY nF FRTnIFY_ TmQPr Tnn
BI
Checked By OAK
---------- __ et
/PPRPAGEi'AG
RPAGE2`AGP
RPAGE3`AGPP
Date
Respectfully Submitted,
- - -- - - -- - -- - ----- - - - - --
hn 6. F1ora,P.E.
Public Morks Director
FROM: City of Fridley Engineering Division
TO: Honorable Mayor and Citv Council
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
DATE: SEPTEMBER 16, 1988
CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE W.E.
FRIDLEY. MINNESOTA 55432
LAKE POINTE DEVELOPMENT MAINTENANCE PROJECT 1181
STATEMENT OF WORK
l9-c
RE: Est:aate No. 5
Period Ending:9 -15 -88
FOR: TALBER6 LAWN 5 LANDSC
100 WILSHIRE DRIVE
MINNETONKA, MN 55343
ESTIMATED
UNIT
QUANTITY THIS
TOTAL
CONTRACT ITEM QUANTITY
-------------------------------------------------------------------------------------------------------
PRICE UNIT
ESTIMATE TOTAL
AMOUNT
Maintenance Services 1.00
33.750.00 LUMP SUM
0.143 0.715
24,107.14
TOTAL-------------------------------------------------------------------------------------------------------
TOTAL $24.107.14
0—D
SUMMARY:
Original Contract Amount
Contract Additisns
Contract 4`ductions
Revised Contract Amount
Value Completed To Date
Amount Retained (5:)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
$33.750.00
$0.00
$0.00
$33,750.00
$24,107.14
$1,205.36
$18,321.42
$4,580.34
CERTIFICATE OF THE CONTRACTOR
I hereby certify th a work performed and the materials supplied to date under the terms of the contract for this
project, and al uth i:ed changes thereto, have an actual value under the contract of the amounts shown on this
estimate (an he f' al quant' ties on the final estimate are correct), and that this estimate is just and correct and no
part of the Amou, T i Estimate' has been received.
_ Date 9- /Q: /-- -�
on rector thor n ed R resentative (Title)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this
estimate under the contract for reference project.
CITY OF FRIDLEY, INSPECTOR
Checked By .!1�0-'
/PPRPAGEI`AG
RPAGE2`A6P
RPAGE3`AGPP
Date
Respectfully Submitted,
n- - Fl-- -- E. - - - -- - -- --- - - - - --
Public Morks Director
ICI
CLAIMS
1808 - 1823 - October
1824 - 1834 — November