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HRA 12/13/1990 - 6888dpi j� HOUSING AND REDEVELOPMENT AUTHORITY MEETING, THURSDAY, DECEMBER 13, 1990 7:00 P.M. ;.• 0. WIF-WWOU .04 A •• CITY OF FRIDLEY A G E N D A HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAY, DECEMBER 13, 1990, 7:00 P.M. Location: City Council Chambers d� Y �W �j��` � t Fridley Municipal Center 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVAL OF MINUTES: November 8, 1990 ACTION ITEMS• PROPOSED TAX INCREMENT TURNBACK TOSCHOOL DISTRICTS . . . . . . . . . . . . . . . . . . . 1 - III SIGN PERMIT FOR FRIDLEY PLAZA PHARMACY, FRIDLEY PLAZA OFFICE BUILDING . . . . . . . 2 - 2D ESTIMATES: THE KORDIAK COMPANY (RICE PLAZA) . . . . . . . . . . . 3 CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . 4 CONSIDERATION OF 1991 MEETING DATES . . . . . . . . . . . 5 - 5A INFORMATION ITEMS: PROPOSED AGREEMENT TO ASSIST PROPOSED NEW RMS PLANT WITH ONE -HALF OUTSTANDING SPECIAL ASSESSMENTS . . . . . . . . . . . . . 6 STATUS OF THE CORRECTIVE ACTION AT 57TH PLACE . . . . . . 7 STATUS OF UNIVERSITY /MISSISSIPPI STREET IMPROVEMENT PLANS . . . . . . . . . . . . . . . . . 8 - 8A STATUS OF PROPOSED FRIDLEY TOWN SQUARE DEVELOPMENT AGREEMENT . . . . . . . . . . . . . . . 9 OTHER BUSINESS ADJOURNMENT 4r CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING, NOVEMBER 8, 1990 w w r r r r r r r r r r w w w w w rrrrww wwr rrrr w w w rrrrw w r w w r r rr w w w.11w..r ww w r r r ww r r w w CALL TO ORDER: Vice - Chairperson Schnabel called the November 8, 1990, Housing and Redevelopment Authority meeting to order at 7:05 p.m. ROLL CALL: Members Present: Virginia Schnabel, Duane Prairie, John Meyer Members Absent: Larry Commers, Walter Rasmussen Others Present: Jock Robertson, Executive Director of HRA Jim Casserly, Development Consultant Jim Hoeft, Assistant City Attorney Paul Hansen, Accountant Mike Schrader APPROVAL OF OCTOBER 11. 1990, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the October 11, 1990, Housing & Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE- CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: Mr. Robertson added the following item to the agenda under Action Items: Agreement Regarding Confidentiality of Lake Pointe Negotiations Mr. Robertson stated that before discussion of the agenda items, he needed to tell the HRA that he is resigning from the City of Fridley for personal and family reasons. He stated it has been a difficult decision to make, and words cannot express how much he has enjoyed working with the HRA members as their Executive Director. They are a wonderful group of people. Ms. Schnabel stated each member of the HRA will miss Mr. Robertson tremendously. They have enjoyed working with him and certainly appreciate all the work he has done for them over the years. 3 HOUSING & REDEVELOPMENT AUTHORITY MTG. , NOV. 8 1990 PAGE 2 Mr. Meyer and Mr. Prairie expressed their regret and stated they wished Mr. Robertson a lot of luck for the future. 1. SALE OF LAND RECEIVED FROM CITY TO FRIDLEY AUTO MALL: Mr. Robertson stated that his memo on agenda page 1 outlines the proposed schedule for the sale of excess property to Al Schrader. The Council had already approved, by resolution, the transfer of the land to the HRA. The letter has gone to the County asking for the County's approval for this change. The next step is to get the same letter of approval from the State Commissioner of Revenue. The Council will then pass an ordinance declaring the land surplus and deeding it to the HRA. They will then need simultaneous approval of a purchase agreement between Al Schrader and the HRA and an agreement between the City and the HRA for the HRA to reimburse the City for money received in the transaction. At the closing, the HRA will transfer title from the HRA to Al Schrader, collect the money from Al Schrader, and, subsequently, transfer the money back to the City as per the agreement. Mr. Robertson stated staff is recommending the HRA approve the above procedure. Mr. Schrader stated he is at the meeting to answer any questions the HRA might have. He stated he has been in contact with Mr . Herrick, City Attorney, regarding this procedure. It is a somewhat convoluted, but necessary, procedure. In order to utilize this piece of land for their proposed development, this is the way it has to work. Mr. Meyer asked what interest, vested or private, would potentially have a stake in this in terms of raising a question of any kind to this whole procedure. Should they expect a potential conflict from another source? Mr. Robertson stated that is a good question, and he does not have an answer to it. As the law stands, this is an exception to the normal procedure where the City by law must give the land to the state and then purchase it back from the state. But, the law give it to an HRA. The allows the one option where the City can law does not specify what the HRA must do with the land. Mr. Schrader stated he has not handled this form of transaction himself, but, given the changes in staff and personnel, he thought it would be a one - step -at -a -time approach. The land is unbuildable given the setbacks and the way it is set up, and will work nicely with their project once the transaction is completed and the land is replatted into one piece for frontage. Given the fact that the land is in a redevelopment district right now and the City has given its blessing that there are no other uses within the City's design for it, he did not see that the Commissioner of Revenue HOUSING &__REDEVELOPMENT AUTHORITY MTG.. NOV. 8. 1990 PAGE 3 would have to pursue those avenues as vigorously as they may have given other pieces of property. Mr. Hoeft stated the only other possible avenue he would consider is if the routine is followed and the property would go back to the state, and then the HRA would purchase it back from the state. The only potential there is that the state would have the option when they received the property to place it out for bid. Since the state would be agreeing, by this letter of approval to the Commissioner of Revenue, that this is acceptable, he did not see any other problems. And, as Mr. Schrader has said, this land, the way it is situated, is really not of any use to anyone else. Mr. Schrader stated that since the Council approved the procedure last week, they are working quickly to finalize the leasing and financial commitments. MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the concept for the sale of excess property to Al Schrader for the proposed Fridley Auto Mall as proposed by staff. UPON A VOICE VOTE, ALL VOTING AYE, VICE- CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. AGREEMENT REGARDING CONFIDENTIALITY OF LAKE POINTE NEGOTIATIONS• Mr. Robertson stated that Mr. Utley has been hired by Lake Pointe to represent them in some negotiations. He stated it is quite common to have a confidentiality agreement when undertaking negotiations so that it is held in confidence and cannot be used in court. Mr. Robertson stated he talked to Larry Commers about this the day before. Mr. Commers thought one sentence should be added and that he would call in the change to Mr. Robertson. He stated he did not receive any call from Mr. Commers, and he believed that meant that Mr. Commers did not think the change was significant enough to make the amendment. The change had something to do with the use of the material that would be developed during discussion. Mr. Robertson stated that this agreement has been reviewed by Mr. Casserly and Mr. Herrick. After the HRA's approval, the Mayor and Larry Commers will sign it. Mr. Casserly stated staff has been reluctant to have any more discussions until this agreement is reached. What this agreement does is that when there are discussions to solve the problem, those discussions cannot be admitted later in court. Mr. Robertson stated the MPCA has revoked the Indirect Source Permit. Woodbridge Properties paid the $400 for the extension of NOOSING & REDEVELOPMENT AUTHORITY MTG., NOV. 8, 1990 PAGE 4 the Indirect Source Permit, and staff is recommending that fee be refunded back to Woodbridge Properties. MOTION by Mr. Prairie, seconded by Mr. Meyer, to authorize the execution of an agreement regarding confidentiality of Lake Pointe negotiations. UPON A VOICE VOTE, ALL' VOTING AYE, VICE - CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the return of $400 to Woodbridge Properties because of the revocation of the Indirect Source Permit by the MPCA. UPON A VOICE VOTE, ALL VOTING AYE, VICE- CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONCEPT OF PROPOSED TIF ECONOMIC DEVELOPMENT DISTRICT FOR NEW RMS PLANT: Mr. Robertson stated that at the time City staff was approached by RMS Company, they asked specifically about the creating of a tax increment district. He spoke with Mr. Casserly about this, and Mr. Casserly stated it can be done. It meets the statutory` requirements for an economic development district; however, there would be LGA penalties to the City. Subsequently, Mr. Herrick and he met with the buyers and the sellers and determined there was a total of about $100,000 of outstanding special assessments. The HRA would essentially agree to pay for half of that. Then it would be up to the buyer and seller to negotiate how to pick up the rest of it. They had previously negotiated an agreement whereby the buyer was going to pay $27,000 of the special assessments which was on the books at the beginning. What happened was the new special assessments were added to the tax rolls after they took a casual look at the outstanding assessments when they first started negotiations. After they had covered the agreement that the $27,000 was going to be picked up, the buyer's attorney discovered there was another $75,000 that had been added. Mr. Robertson stated for the HRA to split parties. The buyer pay the other half. City. staff feels it the assessment and seller will It is an easy way to is i n half then the City's best interest and half with the private have to negotiate how to keep this industry in the Mr. Casserly stated it is not impossible to create this kind of economic development district. It is just that the amount is so small that he did not think it is worth going through all the time and expense. Ms. Schnabel asked what it would cost the HRA to create the district. HOUSING & REDEVELOPMENT AUTHORITY MTG., NOV. 8, 1990 PAGE 5 Mr. Casserly stated it would probably run between $2,000 -2,500 to create the district, and then for assurance that the company is going to proceed, they should have a simple development agreement which would cost $1,500 - 2,500. Overall total costs would probably be around $4,000 - 5,000. Ms. Schnabel stated the HRA's costs would then be $4,000-5,000 plus the $27,000 of LGA penalties, for a total of $31,000- 32,000. She had a hard time understanding why the HRA should split the special assessments and pay $50,000, when they can create the economic development district and pay $32,000 maximum. She had a hard time being very sympathetic to people who do not thoroughly research the tax situation on a real estate deal. Mr. Casserly stated he had the same question. It was the attorney who was representing the purchaser who, before he allowed his client to sign the purchase agreement, decided to doublecheck. It was one of those things that when they originally started negotiations, these special assessments were not pending. Ms. Schnabel asked about option #1 as listed in Mr. Robertson's memo dated October 29, 1990: The HRA, the buyer, and the seller could split the additional special assessments three ways. Mr. Robertson stated that option was offered to the company, and it was not acceptable. Ms. Schnabel stated she wondered if it is appropriate for the HRA to take discretionary funds to pay for special assessments on property 60 days before a scheduled closing. Mr. Casserly stated the use of discretionary funds for this purpose is completely appropriate because they are furthering their development program and are spending the funds on site related expenses. Mr. Hoeft stated he sensed that Ms. Schnabel is concerned about setting a precedent. That is a valid concern, but he thought it would be unlikely that another buyer and seller would come in with this situation, because of the fact that the assessments were not pending at the time negotiations were begun and were assessed thereafter. This type of situation does not happen very often. Ms. Schnabel stated her point is that there is still 60 days until closing, and there is still time for the buyer and seller to work out their differences. NOTION by Mr. Meyer, seconded by Mr. Prairie, to approve option #2 as outlined in Mr. Robertson's October 29, 1990, memo that the HRA and the private parties could split the assessment half and half. HOUSING & REDEVELOPMENT AUTHORITY MTG., NOV. 81 1990 PAGE 6 UPON A VOICE VOTE, MEYER AND PRAIRIE VOTING AYE, SCHIJABEL VOTING NAY, VICE - CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED BY A VOTE OF 2 -1. 4. ESTIMATES: a. The Kordiak Company (Rice Plaza b. Talberg Lawn &'Landscape (Lake Pointe Maintenance) MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the estimate for The Kordiak Company in the amount of $260.34 and the final estimate for Talberg Lawn & Landscape in the amount of $6,100.70. UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. CLAIMS: MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the check register dated November 8, 1990, as submitted. UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. STATUS OF THE CORRECTIVE ACTION AT 57TH PLACE: Mr. Robertson stated that at the October HRA meeting, staff was asked to find out whether the clean -up equipment could be placed in the side yard of a new development project so that redevelopment could proceed without waiting for the completion of the clean -up action which may take several years. Mr. Robertson stated that when he telephoned Art Newby, he was told that Jack Lemley of Ashland Oil was requesting that all calls from the City of Fridley be referred to him. He then contacted Mr. Lemley who said he would have to talk to his attorney before responding. At this time, Mr. Lemley has not yet responded to this request. Mr. Robertson stated this is for the HRA's information. 7. STATUS OF RIGHT -OF -WAY ACQUISITION FOR MISSISSIPPI / UNIVERSITY INTERSECTION IMPROVEMENTS IN 1991: Mr. Robertson stated the City Council has petitioned the County to complete the intersection improvements in 1991. In order to do that, the City will have to furnish some right -of -way from both Kiffe's Auto and Rice Plaza, both of which the HRA own. However, they do not own the Dairy Queen. OUSING & REDEVELOPMENT AUTHORITY MTG., NOV. 8, 1990 PAGE 7 Mr. Robertson stated he contacted the City's appraiser and asked him to prepare an outline of an appraised value so that they can meet with Mr. Fitch of the Dairy Queen and negotiate an agreement. He is following the direction of the City Council for this, and he will bring a progress report and possibly a proposed settlement for HRA action at the next meeting. Mr. Robertson stated that in connection with this, he had mailed to the HRA some supplemental material entitled "Mississippi Street Improvements ". Does the HRA and the City Council wish to make a commitment to the pedestrian improvements, the landscaping, and decorative lighting at this time? These are things they had in the long range plan for University Avenue and which the HRA put on hold at a joint meeting with the City Council about 1 1/2 years ago (minutes included in the material). At that time, he believed it was the policy direction that rather than doing the two demonstration sections of the Corridor, they would put those in hold and concentrate on the North Gateway area, with the idea that once they got a project in the North Gateway area, they would complete the public improvements with that. Mr. Robertson stated that 1 1/2 years later, they now have the opportunity to do that same thing with Mississippi Street. If the County is going to make the improvements, now is the time to put the NSP lines underground, put in the decorative lighting and pedestrian improvements. He stated he believed this would be consistent with that policy direction made 1 1/2 years ago. Mr. Robertson stated that in this case, however, the City Council has said they want to give the HRA policy direction and they are discussing this at their meeting that same evening. The HRA should be aware that with the cost of all the improvements, it could be about $700,000 for everything. Mr. Robertson stated he had discussed this with Mr. Commers. Mr. Commers had commented that they should definitely put in the underground utilities and probably at least the underground wiring for the decorative lighting. He felt strongly that they should do the pedestrian improvements and move the traffic signals so the whole intersection becomes pedestrian friendly. If they could defer something, he thought it could be the actual plant materials. Mr. Robertson stated that when the City Council discussed this at their November 5, 1990, meeting, their main concern was that with the median extending further back on the west side, it would prevent the frontage road between the Dairy Queen and Riffe's from having full movement. The Council has asked John Flora to prepare plans for a temporary connection for the frontage road. Mr. Robertson stated that at this meeting, he is asking the HRA to be aware of the costs and then they will have to wait for input HOUSING; & REDEVELOPMENT AUTHORITY MTG., NOV. 8. 1990 PAGE 8 from Council before proceeding. This will be discussed again at the December HRA meeting. Mr. Meyer stated it might be interesting to revisit some of the concepts they discussed in the past. For instance, he would like to review the lighting as a number of things have changed since their last discussion. Ms. Schnabel agreed. She stated she has very strong feelings about some of the lighting. Some of the lighting that has been done in the City is excessive. Mr. Robertson stated Terri Mau, owner of the beauty salon and tanning salon in the Rice Plaza Building, approached him two months ago with an offer. She wanted to trade some of her rent for her future relocation entitlements. Now that Target is no longer interested in the southwest quadrant, she is still interested in moving across to the Fridley Town Square development at the 10,000 Auto Parts site. Mr. Robertson stated Ms. Mau will not be able to move for a year. She has 2 - 2 1/2 years outstanding in leases. He did think it would be appropriate to tell Ms. Mau that if she is still in business at that time, the HRA would forgive the rest of the lease. This would save a Fridley business by putting it into a new location. Ms. Mau needs a commitment from the HRA before the end of the month. Of course, if the Fridley Town Square does not go, then this will be moot. Ms. Schnabel stated she did not like the concept of doing that, because she is afraid of it setting a precedent for other businesses in that Rice Plaza building. She would prefer that the HRA not make a commitment. However, if the HRA must make a commitment, she would reluctantly agree to forgive the balance of Ms. Mau's lease to the HRA, if she agrees that when she moves, she will move from Rice Plaza to the Fridley Town Square development project and nowhere else. MOTION by Mr. Prairie, seconded by Mr. Meyer, to forgive the remaining lease to Ms. Mau, with the stipulation that when she moves, she moves to the Fridley Town Square development. UPON A VOICE VOTE# ALL VOTING AYEv VICE - CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. STATUS OF TARGET AND FRIDLEY TOWN SQUARE PROPOSALS FOR CENTER CITY REDEVELOPMENT: Mr. Robertson stated that on October 19, 1990, Target informed the City that they had decided not to proceed with the projected combined NOC /CPC office space project on the southwest quadrant of Q s HOUSING A REDEVELOPMENT AUTHORITY MTG., NOV. 8, 1990_ PAGE 9 University /Mississippi. Target explained that it was a short range financial consideration in which the corporation wished to make most of its capital investment in new retail facilities while taking advantage of the very favorable office space lease market in the Twin Cities and continue leasing space for the CPC in Brooklyn Center. Mr. Robertson stated that regarding the Fridley Town Square project, Mr. Scott Erickson feels there is a 90% plus probability that the project will proceed as proposed. He has gotten a preliminary commitment on a construction loan from Miller Schroeder within the last couple of days. Mr. Casserly stated Miller Schroeder has given Fridley Town Square Associates an oral commitment, but the partnership has asked for a little larger loan amount. He stated he believed the project has about a 75% chance to proceed. Mr. Casserly stated he will be coming back to the next meeting with another concept for assistance for the Fridley Town Square project. He stated he truly believes that if the HRA does not assist this project, it will not succeed. 9. OTHER BUSINESS: a. North Gateway Plan Mr. Robertson stated the City Council reviewed the North Gateway scenarios for different housing as an alternative to 57th Place /Winfield Development. The Council has asked staff to explore some ways of enhancing the financing, which would be different from a straight TIF district. Mr. Robertson stated he would like a consultant, Bill Schlatslein, to prepare a proposal for more creative ways to finance that project. He stated he will bring this proposal back to the HRA at their December meeting. b. Tax Increment Revenue Return to the School Districts Mr. Robertson stated that, at the HRA's direction, Paul Hansen and Rick Pribyl have prepared the school TIF turnback proposal. Mr. Hansen stated that at the October meeting, the HRA requested him to come back with some information regarding the tax increment revenue return to the school districts. At the election on November 6, School District #13 was the only school district that passed a referendum. He used the 1990 estimates and added in the portion that applied to the new referendum which is approximately $33,770. So, the total ROUSING & REDEVELOPMENT AIITRORITY MTG., NOV. 8. 1990 PAGE 10 refund amount for 1991 is $295,569. That is $33,770 more than in 1990. Mr. Pribyl stated this will come back to the HRA for formal action at the December meeting. Because there is the possible windfall to School District #13, he may recommend not returning the $33,770 levy to School District #13, if they participate in half the penalties and interest on the Skywood Mall project. ADJOURNMENT: NOTION by Mr. Prairie, seconded by Mr. Meyer, to adjourn the meeting. upon a voice vote, all voting aye, Vice - Chairperson Schnabel declared the November 8, 1990, Housing and Redevelopment Authority meeting at 9:15 p.m. Resp ctfully sub itted, ti yn Saba Recording Secretary ACTION ITEMS FINANCE DEPARTMENT 11 1 WA MEMORANDUM TO: ERA COMMISSION MEMBERS FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. EANSEN# ACCOUNTANT SUBJECT: REFERENDUM LEVY RETURN AGREEMENTS DATE: December 7, 1990 Attached you will find a copy of the 1991 School District Referendum Levy Return Agreements and the 1991 estimated return amounts. This is submitted for your discussion and approval at the December 13, 1990 HRA Meeting. We have been working with Jim O'Meara at Briggs & Morgan Law Office to calculate the estimated returns. This estimate is based on information supplied by the School Districts, Minnesota Department of Education, State Statute, and the draft agreements prepared by Jim O'Meara. Woodbridge Development, Inc. has elected not to continue to pay the taxes on the Lake Pointe property, which is a violation of their agreement with the Fridley HRA. Consequently, the dollar amount associated with district #6, Lake Pointe, has been subtracted from the refund to School District #13. The total estimated return, for 1991, for all School Districts is calculated to be $268,950.47. We estimate the total return for 1992 will be at least, if not more than, $268,950.47 and this amount will continue to increase each year. I would suggest that a ceiling be placed on the increment return that would not exceed this amount. You should be aware that the interest and penalties associated with the Skywood properties has been distributed 50% to the county and 50% to School District #13. This amount is a windfall to School District #13 in the amount of $113,500.00. You might recall in the last meeting I discussed interpretation of Anoka County's regarding the penalties and interest on tax increment properties. They feel that the statute allows the distribution of interest and penalties to the county and school district. In the research I have done it appears that Anoka County is the only County in the metro area with that interpretation. I still feel that this is a misinterpretation of the statute. When considering the agreements you might consider approving the agreements with.a stipulation that School District #13 amount be amended so that the amount that they have previously 1 -A Memo to: HRA Commission Members Re: Referendum Levy Return Agreements Page 2 received from the interest and penalties be deducted from the amount. You will note on the schedule showing what the estimate of the return will be that their proposed return is smaller than the amount they received from the interest and penalties. I would suggest that we withhold amounts until the $113,500 has been withheld from their tax increment distribution. RDP /me Attachment � CD � z § E 0) « m ■ ¢ � ¢ % � � 0 w w U. ¢ � $ 0 § § # % & st & «« «« z r z = � g = zz R A ■ g � � ■■ ■■ o ■ B k� � E �p� � vi c �k�� � § BBB & cx aSR $ S$$ � BC; 0 & «« «« 1 -13 z r z = r zz = zz R ■ ■ g � ■■ ■■ 1 -13 � ■ cm ■ ■ g � I o ■ 1 -13 � k ■ � vi ci V) BBB & cx aSR $ S$$ $ BC; 0 %kk B $ - B — � K ® 2 K f«« §Cd li Cd U Z U81 co Sto- —_— co ■_ ®— � � V w CUD, ■2� ��� 2kIL §0 §£� ■H ■V40 ■■■ ■V■ ■ ■m ■v■ ft ft IS co � & in $ z � ■ � m Z 0 w N 4 CD 0) J O w 8 W -a ; g � t v 0 l7 r l7 N R r cv A 9 9 9 g � k R R m �<c v V U -23 ca V- V- N V N v J J 02 m N Of 4 A A A A �v;mi mi ui � x i R Of A c co CY toV- 10 Hal al A V- W- N ♦ N 9 J Ix N �J r 1 -C s � o CY N 4 A A A A �v;mi mi ui � x i R Of A c co CY toV- 10 Hal al A V- W- N ♦ N 9 J Ix N �J r 1 -C A AAgIg 51 , OP OP o i5 U, V. co to It I Y Y mo�o�� 32 a rrei��r z°z°az° a m r L s � o co A AAgIg 51 , OP OP o i5 U, V. co to It I Y Y mo�o�� 32 a rrei��r z°z°az° a m r L $ w m � � z E ■ U � � § � m ■� § ®& & � K � � t a $ � � ■�■ � ■ g o % � � � CD CL 2 IL � P V 0 » Ef$ Q t $ m & ■ § � c ■ �g ■ t�E JIDI 7 � @ � CD I % § L $ e � § ■ c � F- cL A J e ® ® - s $ g I -D 1 -E AGREEMENT This Agreement is dated as of January 2, 19911 is by and between the City of Fridley, Minnesota, and Independent School District No. 13, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "City" means the City of Fridley, Minnesota. " IRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. " o ect" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 19851 dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 9708 1 -F 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment. Financing District Nos. 1 through 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 13, the Columbia Heights School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District No. 6 is located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the boundaries of the School District. (c) None of the property within TIF District Nos. 1, 3, 5, 7, 8, 9, and 10 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9708 2 1 -G and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIP District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 10, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 61 and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of 9708 3 1.H and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 20 3, and 6, and the final scheduled principal maturity of those Bonds is August 11 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May 1, 1988, and /or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 51 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the 01981 Levy ". (b) On September 230 1986, the electorate of the School District approved a 7.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy ". (c) According to the Minnesota Department of Education, for purposes of the above - mentioned referendum levies the tax capacity rate equivalents of 5 mills and 7 mills are .06162496 and .07875910, respectively. (d) On November 6, 1990, the electorate of the School District approved a .08 tax capacity rate levy authorized for 7 years and first effective for the 1990 payable 1991 property taxes. This levy is hereinafter referred to as the "1990 Levy". 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA 9708 4 1 -I as and to the extent received by the HRA, with respect to the tax increments relating to the 1989 payable 1990 property taxes, as follows: (a) TIF District No. 6. Since the 1981 Levy was approved before the date of certification of TIF District No. 6, the Subdivision does not apply to that Levy with respect to .this District, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 6 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District. (b) TIF District No. 4. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 4, the Subdivision does not apply to that Levy with respect to this District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District. (c) TIP District No. 2. Pursuant to clause b(2) of the Subdivision, the tax increment from' TIF District No. 2 which is attributable to the 1981 Levy, the 1986 Levy, and the 1990 Levy shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. gyros 5 1 -J In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 13 School Board Chair Superintendent 9708 6 MC iIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA 1 -K Independent 9708 7 Certification School TIF District Name Date District No. 1 Center City 5/11/79 14 2 Moore Lake 7/31/81 13/14 3 North Area 5/19/82 11/16 4 Johnson Printing/ Skywood Mall 1/20/84 13/14 5 Paschke 3/15/84 16 6 Lake Pointe 12/24/85 13 7 Winfield 10/22/86 16 8 Shorewood 10/24/86 14 9 Onan /Old Central 9/7/89 16 10 Northco Phase III 4/10/90 16 9708 7 1 -L EXHIBIT B Sec. 24. Kinnescta Statutes Seccnd 19E9 S- iple-ent, section 469.177, s_bdivisie n So, is a-.ended to :ead: S..d. io. (PAY!! ::,,: :'o SC-@C•1, rCi +1r7,TxD;:.4 L_yf• 1 (a "a g :cvisic -s e: this subdivision asrly to tax i-c :e-e :.t fi-a-eing districts and projects for which certification was requested tefc:e May 1, 1968, that a:e located in a school district i-'% which the vcters have apprcved new tax capacity rates cr an Increase in tax capacity rates after the tax increment financing district was certified_ (5) (1) if there are no outstanding bonds on MAY 10 1968, to which increment frees the district is pledged, or fit if the referendum is apprcved after May 1,1968, and there are no bonds : outstanding at the time the referenduz is approved, that were iss:ed tefere May 1, 1988, a :- {39- $s_•.Le_ :ere :e.'.dn�- :'e :eae :rg t= e- .ax- ea =ee:tY- :are -�aa -a eye d - after- the- most-:acent -Issue rr• e=- _undo- to- rt :eh -_ -ere- eat- r :e. »- t::e- d :st : :et -:s -p- edged: --sc eca :ee- {_g- c:- { :;- app's :ear the authority must annually pay to the school district an amount of increrent equal to the increment that is attributable to the increase in the tax capacity rate under the referendum. (2) If clause {3;- app=:es (1) does not apply, upon approval by a majority vote of the governing body of the municipality and the school board, the authority must pay to the school district an aount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the referendum. (c), The amounts of these increments may be expended and must be treated by the school district in the same manner As provided for the revenues derived from the referendum levy approved by the voters. The provisions of this subdivision apply to projects for which certification was requested before, on, and after August 1, 1979- AGREEMENT This Agreement is dated as of January 2, 1991, is by and between the City of Fridley, Minnesota, and Independent School District No. 11, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "City" means the City of Fridley, Minnesota. "M&" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. " Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this 970 1 -M 1 -N Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 11, the Anoka School District. "subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) A portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIF District Nos. 1, 2, 4, 58 6, 7, 8, 9, and 10 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of 9705 2 1 -O tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited general obligation of is payable solely frog for such purposes frog Revenue Note is not a the City or the HRA and tax increments pledged TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 11 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of and interest on the 1986 G.O. Bonds will have been paid on or before February 11 1994. (f) The 1990 G.O. tax increments derived 1, 2, 3, and 6, principal maturity 2009. Bonds are payable from from TIF District Nos. e final scheduled Bonds is August 1, and t h of those (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, 9705 3 1 -P the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May it 1988, and /or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 5, 1982, the electorate of the School-District approved a continuous 6.0 mill levy ' first effective for the 1982 payable 1983 property taxes. This levy is hereinafter referred to as the "1982 Levy ". (b) On October 6, 1987, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1987 payable 1988 property taxes. This levy is hereinafter referred to as the "1987 Levy ". (c) According to the Minnesota Department of Education, for purposes of the above - mentioned referendum levies the tax capacity rate equivalent of 6 mills is .06999697. 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1989 payable 1990 property taxes, as follows: TIF District No. 3. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1982 Levy and the 1987 Levy shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the 9705 4 1 -Q City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor city Manager INDEPENDENT SCHOOL DISTRICT NO. 11 School Board Chair superintendent 9705 5 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA 1 -R Independent 9705 Certification School TIF District Name Date District No. 1 Center City 5/11/79 14 2 Moore Lake 7/31/81 13/14 3 North Area 5/19/82 11/16 4 Johnson Printing/ Skywood Mall 1/20/84 13/14 5 Paschke 3/15/84 16 6 Lake Pointe 12/24/85 13 7 Winfield 10/22/86 16 8 Shorewood 10/24/86 14 9 Onan /Old Central 9/7/89 16 10 Northco Phase III 4/10/90 16 9705 1 -S EXHIBIT B Sec. 24. Minnesota statutes Seccnd 1909 Su ;clement, section :69.177, subdivision 10, is amended to :ead: S_td. 10. ( ?:.Y:! -s \i :O SC C�CL :Ci presi ::-D U.4 i =tit. ;rcvisiens of this subdivision A;;17 to tax i-c:ene :t financing districts and projects fcr which certi :icat :cn was regrested , tefc:e May i, 1968, that are located in a school district in which 'he voters have &;;roved new tax capacity rates or an increase in tax capacity rates after the tax increment financi-g district vas certified_ (b) (1) if there are no outstanding bonds 0-1 MAY 1, 1468, to which increment frcz the district is pledged, or {s; if the refe:e-d::a is a ;proved after May 1,1468, and there are no bonds ti cutsta-di-q at the time the referendum is.a ;p:cved, that were iss:ed te:cre May 1, 1468, e:- t0i-- f_`- `e- :efatandun- e- e:eas :nI r: et" % ends- te- Whieh- =.:esemen: --': on- the-di sc: : at- es- p:ed%ed: - - -d e?anse- { : ;- e:- t: ;- srp3 :esr the authority must annually pay to school district athe s a %ou nt of increment equal to the increment that is attributable to the increase is the tax ca ;acity rate under the referendum- (2) if clause t3 ;- applies (1) does not &0-01 , upon approval by a majority vote of the governing body of the municipality and the school board, the authority must pay to the school district as amount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the refe:endu -m. . (c ) The amounts of these increments may be expended and must be treated by the school district in the same :Wanner as provided for the revenues derived from the referendum levy approved by the voters. The provisions of this subdivision apply to projects for which certification was requested before, on, and after August 1, 1979- c 1 -T AGREEMENT This Agreement is dated as of January 2, 1991, is by and between the City of Fridley, Minnesota, and Independent School District No. 14, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "City" means the City of Fridley, Minnesota. " RA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Housing and Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. 01985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 9707 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 14, the Fridley School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 1 and 8 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the boundaries of the School District. (c) None of the property within TIF District Nos. 3, 5, 61 7, 9, and 10 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9707 1 -U I -V and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. . 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 61 and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of 9707 3 1 -W and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May 1, 1988, and /or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On September 23, 1986, the electorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy ". (b) On September 29, 1987, the electorate of the School District approved (i) a 7.0 mill continuous levy first effective for the 1987 payable 1988 property taxes and (ii) a continuous additional 6.5 mill levy first effective for the 1988 payable 1989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies". (c) According to the Minnesota Department of Education, for purposes of the above- mentioned referendum levies the tax capacity rate equivalents of 2 mills and 13.5 mills are .02261395 and .15264411, respectively. 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1989 payable 1990 property taxes, as follows: 9707 4 1 -X (a) TTF District No, 8. Since the 1987 Levies were approved after the date of certification of TIP District No. 81 and since on May 1, 1988, there were no bonds outstanding to which increment from TIP District No. 8 was pledged, the tax increments from TIP District No. 8 which are attributable to the 1987 Levies are automatically payable and shall be. paid to the School District pursuant to clause b(1) of the Subdivision. Since the 1986 Levy was approved prior to the date of certification of TIP District No. 8, the Subdivision does not apply to that Levy with respect to this District, and no tax increments attributable to said Levy from this District are payable to the School District. (b) TIF District No. A. Pursuant to clause b(2) of the Subdivision, the tax increment from TIP District No. 4 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (c) TIP District No. 2. Pursuant to clause b(2) of the Subdivision, the tax increment from TIP District No. 2 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (d) TIP. District No. 1. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 1 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. 9707 5 1 -Y In addition, the City and the School District agree that, except in each case described in paragraph 5 of this Agreement where payment of tax increment to the School District is mandatory pursuant to clause b(1) of the Subdivision, all other provisions of said paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the' circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 9707 6 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA 1 -Z Independent 9707 7 Certification School TTF District Name Date District No. 1 Center City 5/11/79 14 2 Moore Lake 7/31/81 13/14 3 North Area 5/19/82 11/16 4 Johnson Printing/ Skywood Mall 1/20/84 13/14 5 Paschke 3/15/84 16 6 Lake Pointe 12/24/85 13 7 Winfield 10/22/86 16 8 Shorewood 10/24/86 14 9 Onan /Old Central 9/7/89 16 10 Northco Phase III 4/10/90 16 9707 7 EXHIBIT B Sec. 24. Minnesota Statutes Seccnd 1SE9 Su;p e-_ert, section 469.177, subdivision 10, is amended to :ead: S.bd. 10. (- r;+YM7N :0 SC-OC•E, FCC -=rERc` :Oi:H L =tip C! this b i "l' tO tax inc:e-•ent financing p:CViSiCn4 C. ....5 SL'- d.viSiCn a =: -f districts and i:ojects for which certification was rec_ested tefc:e May 1, 1SES, that a:e located in a school distr`_ct in _rich the vcte:s have approved new tax capacity rates cr an increase in tax capacity rates after the tax increment financing district was certified. (b) (1) If there are no outstanding bonds on May 1, 1SE8, to which increment from the district is pled5ed, or {_} if the refesendu:W is approved after May 1,'1SES, and there are no bonds cutstanding at tha time the referendum is approved, that were �- P8 issued efere May 1, 19 , the- t1X_ CS;IC. ty- r ate- We 3-&.Z;C CyCd-Z ft ar - th""S t- :event - =» to the- dS Ste = ct- :s- the authority must annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the tax .capacity rate under the referendum. (2) If clause {3 }- e x.es (1) does not apaly, upon approval p_' by a -,ajcrity vote of the governing body of the municipality and the school board, the authority must ray to the school district an amount of incre:rert equal to the increment that is attributable to the in .1 the tax capacity rate under the referendum. (c) The amounts of these increments may be expended and must be treated by the school district in the same :Wanner as provided for the revenues derived from the referendum levy approved by the voters. The provisions of this subdivision apply to projects for which certification was requested before, on, and after August 1, 1979- C 1-AA AGREEMENT This Agreement is dated as of January 2, 1991, is by and between the City of Fridley, Minnesota, and Independent School District No. 16, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "City" means the City of Fridley, Minnesota. "M" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Pro;" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment .Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. 986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 9M 1 -CC 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 16, the Spring Lake Park School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 19900 Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 5, 7, 9, and 10 are located entirely within the boundaries of the School District, and a portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIP District Nos. 1, 2, 4, 6, and 8 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9M 2 1 -DD and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment obligations. 3. Representations of the City.. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District of Nos. th1 through 5 are pledged to the payment 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 60 and the final scheduled principal maturity of those Bonds was February e 1, 2000. However, on February 1, 1990, City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of 9M 3 1 -EE and interest on the 1986 G.O. Bonds will have been paid on or before February it 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May 1, 1988, and /or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October Be 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the 01981 Levy". (b) On February 271 1986, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy ". (c) According to the Minnesota Department of Education, for purposes of the above - mentioned referendum levies the tax capacity rate equivalents of 5 mills and 6 mills are .05226653 and .06271984, respectively. 5. Fayment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and trtsxrelating to received the 989�p'ayable 1990 property tax inc taxes, as follows: (a) TIP District Nos. 9 and 10. Since TIF District Nos. 9 and 10 were , requested for certification after May Subdivision does not apply to those Districts, 9706 4 and no tax increments Levy or the 1986 Levy payable to the School attributable to the 1981 1 -FF from those Districts are District. (b) TIF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of certification of TIF District No. 7, the Subdivision does not apply to those Levies with respect to this District, and no tax increments' attributable to said Levies from this District are payable to the School District. (c) TTF District No. 5. Since the 1981 Levy was approved prior to the date of cert- ification of TIF District No. 5, the Subdi- vision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 5 which is attributable to the 1986 Levy shall be paid to the School District. (d) TIF District No. 3. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 3, the Subdivision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1986 Levy shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as'to violate the obligations and covenants made by the city or the HRA in and to the connection with the Tax Increment Obligati c of the extent but only to the extent that the application terms of this Agreement would give rise to a violation of said obligations and covenants, including t tohf utt limitation, he default in the timel full taxpincrements shall be applied Obligations, the applicable instead such defaul manner, or other violation necessary, of said covenant avoid s s or 9706 5 1 -GG obligations. Nothing in this Agreement shall restrict the City or the �toithe Project exercise on the TIP cwhich they may Districts. have relating In addition, the City and the School District agree fthax the provisions of paragraph 5 providing for payment increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclu iono of said period, the.City and the School District agree review the circumstances and to attempt to negotiate inigood faith such further agreement or agreements as may be perm by law and which r c to discretionary�paYmen n payments of School such District with respect applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor city Manager INDEPENDENT SCHOOL DISTRICT NO. 16 School Board Chair Super ntendent 9M 6 E CHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA 1 •HH Independent 9706 Certification School TIP District Name Date District No. 1 Center City 5/11/79 14 2 Moore Lake 7/31/81 13/14 3 North Area 5/19/82 11/16 4 Johnson Printing/ Skywood Mall 1/20/84 13/14 5 Paschke 3/15/84 16 6 Lake Pointe 12/24/85 13 7 Winfield 10/22/86 16 8 Shorewood 10/24/86 14 9 Onan /Old Central 9/7/89 16 10 Northco Phase III 4/10/90 16 9706 1 -II EXHIBIT B See. 24. :Minnesota Stat'-'tes Seccnd 1959 S_;.ple-ectc section 4E9.177, subdivision 10, is a mended to read: SC GC aGi � !��S_bd. ? �. ( ?AY!t�a L$'vi. ) ill The previsions of this sebdivisic.1 aF =1y to tax increment financing districts and projects for which certification was requested tsfe:e May Z, 1968, that are lecated in a school district in which the voters have apprcved new tax capacity rates or a- increase in tax capacity rates after the tax Increment financing district was certified_ L (1) is there are no'cutstanding bonds ca May 1, 19E8, to which Increment frem the district is pledged, or fit if the referendum is apprcved after May 1,'1988, and there are no bonds outstanding at the time the referendu-a is approved, that were Issued before May 1, 1988, t= e- tsx- eapneitY- :ate -xas-t - moored- ar:e:- :•'•e-- es:- :eee.::-iaase rr• ef- :e- ds- :e- rhie�►- ire: e- e-=- f:e-- t::e- dist:iet- ia- ? =eeged:- =s the authority .oust annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the referendum. 2� If clause t9;-app=ies (1) does not AvOlY, upon approval by a majority vote of the SC4.orning body of* the municipality and the school beard, the authority must pay to the school district an amount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the referendum. (c ) The amounts of these increments may be expended and must be treated by the school district in the same manner as provided for the revenues derived from the refererdua levy approved by the voters. The provisions of this subdivision apply to projects for which certification was requested before, on, and after August 1, 1979. c OUSING and REDEVELOPMENT AUTHORITY 2 COMMISSION MEMBERS: LAWRENCE COMMERS. CHARMAN DUANE PRAM VIROM SCHNABEL WALTER RASMUSSEN JOHN MEYER CITY OF FRIDLEY DATE: December 7, 1990 TO: Housing and Redevelopment Authority FROM: Barbara Dacy, Planning Coordinator SUBJECT: Sign Permit for Fridley Plaza Pharmacy, Fridley Plaza Office Building Background The development contract for the Fridley Plaza Office Building requires that all exterior signage be approved by the HRA and the City prior to the issuance of a sign permit in order to review the overall appearance of the building. On December 6, 1990, the Fridley Plaza Pharmacy applied for a sign permit for a 17 sq. ft. area in which to place the word "pharmacy" just above the first story windows and just east of the two existing.pine trees. Analysis Staff advised the management company of the necessity to have the sign permit reviewed by the HRA and the City. We also advised the management company that if further exterior signage was to be considered, they should submit a' comprehensive sign plan identifying the exact type of letters and wall signage that would be permitted. However, since the building's construction in 1983, exterior wall signage has not been proposed. The reason that Fridley Plaza Pharmacy is proposing the additional signage is to help direct customers from the Fridley Plaza Clinic across the street. The proposed location of the additional signage would not detract from the overall appearance of the building, given its location on the south side of the wall. Other tenants in the building, however, may start requesting signage on the west side of the building facing University Avenue. Staff is recommending this not be permitted until the HRA and City consent to consider additional signage. EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (612) 571-3450 FRIDLEY, MN 55432 2 -q Sign Permit for Fridley Plaza Pharmacy December 7, 1990 Page 2 The proposed pharmacy sign is to consist of individual white plastic letters. Given that other window signs in the building consist of gold lettering, we recommend that a similar gold color be used to maintain that theme. Recommendation Staff recommends that the HRA approve the sign permit request for the Fridley Plaza Pharmacy subject to the following stipulations: 1. The letters shall be a similar gold color consistent with other window signage in the building. 2. No additional signage shall be permitted until the HRA and City Council consent to allow submission of a comprehensive sign plan for additional exterior signage. BD:ls M -90 -882 3 z z� � a z N � 2 �z w � N a� M O "D m O -n C -P 2 -B M 2 -C -7-�n ��= I�FTEXM /n/6 /fit/ c., v✓.t/�J� 5o uT-H f�l,� v A-776 eJ o r lb V'I L-Di A) & CITY OF FRIJ= SIGN PF*lIT APMCATION 2 -D Effective: 1990 - 1991 Owner: fa r7 L t y PZ A ZA Fs/A,eN1AC y SIGN MREC.ZC R: Address: ADUMSS: -7775 lllofeW City/Zip: �',eii c 5/ . lk),' ✓V �s'S/3� CITY /ZIP: �'h'i�1 s/, ��►/� ���1�''c� Tel. No: , S' 71 - -;10 '/' / TEL. NO: S' 71 - a 9ys Fj rki r y (4;, 1 Lot: Block: Addition: DESCRIPTION OF SIGN 1. Wall Length of Wall 1i'� l�u Max. Allowable Sq. Ft: Sign Length: �(! Width: Sq. Ft.: 2. () Pylon Distance Fr. Prop. Line: Distance Fr. Inter /Dwy: Sign Length: Width: Height: Sq. Ft.: 3. ( ) Roof Roof Sign in Lieu of Pylon Sign Sign Length: Width: Sq. Ft.: 4. ( ) gn Constructed of: Estimated Value $ , ?nn .can To Be Completed `//4A/. /,99/ Illuminated: Yes () No (YES; Electrical Permit is Necessary For Wiring Sign SIGN MESSAGE: PHW ,-e IVI A C V The undersigned hereby makes application for a permit for the work herein specified agreeing to do all work in strict accordance with the City of Fridley orcbx xms and rulings of the Building Inspection Department and hereby declares that all the facts and representations stated in this application are true and correct. DATE: le -6 - 9 n APPLICANT 7- f Please Print 0 to 40 square feet: $24.00 plus $.50 surcharge if not lit. 41 square feet or more: $60.00 plus $.50 surcharge if not lit. Political Signs: $15.00 deposit, refunded when signs removed ;11 V 4;") F-5 M e 1�- Revolving beacons, zip flashers and similar devices including any source of light which changes in intensity are prohibited. Approved By: Date: City Sign Code Enfoncenoent The RECEIVED n n n Kordiak DEC 0 4 1990 3 n n n Company __ - - - --- 1 Real Estate n Property Management it Appraisals n lncome Tax Service City or Fridley HRA 6431 University Avenue Northeast Fridley. flinnesoto 55432 For the Following Services: Amount Due Management Fee for November 1990 I Total Rent Collected 5224.18 5.009 261.21 Misc.Expenses: Total Amount Due: 3948 Central Ave. N.E. Minneapolis, MN 55421 788 -9651 788 -0911 0 CLAIMS (AT MEETING) - OUSING and REDEVELOPMENT AUTHORITY 5 COMMISSION MEMBERS: LAWRENCE COMMERS. CHAIRMAN DUANE PRANK VIRGINIA SCHNABEL WADER RASMUSSEN JOHN MEYER CITY OF FRIDLEY DATE: December 7".1990 TO: Housing and Redevelopment Authority FROM: Lynne Saba, Secretary SUBJECT: 1991 Meeting Dates Attached is the proposed HRA meeting dates for 1991. Please review for approval at the December 13, 1990, meeting. LS EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AYE. (d 12) 571 -3450 FRIDLEY, MN 55432 5 -A PROPOSED HOUSING A REDEVELOPMENT AUTHORITY MEETING DATES FOR 1991 January 10 February 14 March 14 April 11 May 9 June 13 July 11 August 8 September 12 October 10 November 14 December 12 INFORMATION ITEMS OUSIVG and REDEVELOPMENT AU HORRY 6 COMMISSION MEMBERS: - LAWRENCE COMMERS, CHAIRMAN DUANE PRARE VR GNIA SCHNABEL WALTER RASMUSSEN JOHN MEYER CITY OF FRIDLEY DATE: December 6-, 1990 TO: Housing and Redevelopment Authority FROM: Jock Robertson, Executive Director of HRA SUBJECT: Proposed Assistance to Reduce Special Assessments for the Proposed New RMS Plant Since the last HRA meeting, the RMS Company has increased employment to 248 people (forty -two employees currently have Fridley home addresses) in two shifts at its three present locations on Baker Street, Osborne Road, and 81st Avenue (38,000 sq. ft. total). Present annual sales are in the vicinity of $18 million. On December 3, 1990, RMS leased an addition 2,500 sq. ft. at the Martens /Brenny building on 83rd and Main Street in Fridley. RMS plans to purchase 8.9 acres at the northwest corner of Osborne Road and Main Street to consolidate operations in a new 80,000 sq. ft. building in which an additional 50 -75 people would be hired to manufacture a new product line which is currently undergoing research and development. RMS is a privately held subsidiary of Cretex Corporation of St. Cloud. Another division of Cretex is expected to move into the 12,000 sq. ft. facility located on Osborne Road which is owned by the Cretex Corporation. At the November 8, 1990, meeting, the HRA approved a plan whereby the HRA would split the outstanding special assessments half and half with the proposed parties to the land sale. At this time, the City Council wishes to review the circumstances surrounding the special assessments and the sale. This has been scheduled after the regular Council meeting on December 17, 1990. Dennis Forcelle, RMS President, has been invited to attend that meeting. At such time as a letter of agreement can be drafted, based on Council input, this item will come back to the HRA for final approval. JR:ls M -90 -878 EXECUTIVE DIRECTOR: JOCK ROBERTSON 6431 UNIVERSITY AVE. (d 12) 671 -3460 FRIDLEY, MN 55432 OUSING and REDEVELOPMENT AUTHORITY COMMISSION MEMBERS: 7 LAWRENCE COMMERS, CHAIRMAN DUANE PRARE VIRGINIA SCHNABEL WADER RASMUSSEN JOHN MEYER CITY OF FRIDLEY DATE: December 6,. 1990 TO: Housing and Redevelopment Authority FROM: Jock Robertson, Executive Director of HRA SUBJECT: Status of the Corrective Action at 57th Place On Tuesday, December 4, 1990, I spoke with Mr. Jack Lemley of Ashland Oil as a follow -up to the HRA's request for information on the location of the separation equipment during the recovery operations projected for the next 3 -5 years. Mr. Lemley said he had just spoken with Mr. Art Newby, the consulting engineer, and at this time he had no further information on the proposed location of the equipment. I suggest a follow -up on this item during the month of January and February 1991 so that Ashland Oil is aware of our continuing interest in the redevelopment of the site. JR:ls M -90 -879 EXECUTIVE DIRECTOR: JOCK ROBERTSON 0491 UNIVERSITY AVE. ($12) 671 -9480 FRIDLEY, MN 55432 Eng,neer,ng Sewer Water ParkS • SlreelS Ma,ntenanco MEMORANDUM TO: William W. am-A, City Manager MO -459 FAf.Bi: Jch n G. Flora, Public Wcaft Director Dm: November 29, 1990 BUBMM: Mississippi Street/University Avenue Intersection MIprcveoent Project On Nove ber 28, 1990, I met with representatives from the Anoka County Highway Department and their consultant from Stagar-Rosooe regarding the City- desired changes and igxav , ,tents proposed for Mississippi Street between 5th and Main Streets including the intersection of University Avenue. (Reference Public Works letter PW90 -306). The Anoka Oaomty Highway Departzw* w4*orted. the suggested dhanges with the urrb 15 .2 1 that additional engineering costs for plan revision will be borne by the IHMM. Because the original plans are currently in for MnDOT review, Stagar`Rosooe was requested to expedite the revisions so that the review process can cm*J m and the Nh= eovp wative agreement period is not overly extended. In orderl=*Jia�e the of the project the Mn W review, the ' Pte! Pr'o'j City will have to submit resolutions requesting use of off -road ICAS funds, plan approval of the Anoka plan and designation of "No Parking" on Mississippi Street within the project limits. In order to expedite the process, we will be preparing the appropriate resolutions for submittal to the Council at their December 17 meeting. Once the necessary dhanges have been made to the plans and specifications, we can expect an amt from Anoka County requesting approval and identifyingU the appropriate fund pm ticipaticn. I indicated to them that the City would then process it to the HRA for approval and comment before the City Council would take positive action. Every effort is being made by the County to obtain plan approval for early award and ooc�I ruction of the improvement. In addition, County and the City are working with MnDOT to coordinate the University Avenue resurfacing project sdheduling with the Mississippi constructicn. JGF/ts 06V I;b Mf�A cc: Barb Davy Mark Winsan ",.O3 •, Barton - Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Phone: (612) 332 -0421 Minneapolis, Minnesota 55401 Fax: (612) 332 -6180 USA November 27, 1990 Mr. Jock Robertson City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: University Avenue Improvements - Plan Set Dear Mr. Robertson: On Monday, November 19, 1990, Barton - Aschman delivered a set of reproducible plan sheets regarding University Avenue improvements (un- built) for your records. This letter identifies the limitations of using this plan set due to liability and related engineering restrictions. The plan set has been signed with professional liability limited to seven years from date of signature. Therefore, the project as designed and specified can be bid within this period of time. However, existing conditions are subject to change since the initial conditions were taken into consideration during the plan sets preparation. It is important that existing site characteristics be reviewed previous to any construction to determine whether design or engineering limitations present changes to the plan set. For example, drainage, electrical systems, hard surface elements and surface features may have been added or deleted from the affected area in turn requiring changes to the plan set. We are concerned that application of those elements designed or specified within this plan set be restricted to the specific project area. The plan set should not be used, without modification, for other intersections or corridors for which the project was not intended or designed for. Please contact David Warzala or me if you have specific questions or comments regarding this letter. Sincer6ta ly yours, Barrner , ASLA, AICP Principal Associate BJW:kro cc: John Flora, Fridley Public Works Director 0 HOUSING and REDEVELOPMENT AUTHORITY 9 COMMISSION MEMBERS: LAWRENCE COMMERS,CHAIRMAN KA DUANE PRAi1E VMGiN1A SCHNABEL WADER RASMUSSEN JOHN MEYER I CITY OF FRIDLEY DATE: December 6, 1990 TO: Housing and Redevelopment Authority FROM: Jock Robertson, Executive Director of HRA SUBJECT: Status of Proposed Fridley Town Square Development Agreement On Friday, November 30, 1990, Jim Casserly, our Development Consultant, talked with Scott Erickson concerning the profit sharing arrangement that was discussed informally at the November 13, 1990, HRA meeting. Mr. Erickson was to have taken the proposal under advisement, and, as we go to press, we are waiting for his response. At such time as Mr. Casserly has been able to negotiate an outline of a proposed development agreement, this will come back the HRA for final action. JR:ls M -90 -880 EXECUTIVE DIRECTOR: JOCK ROBERTSON 6491 UNIVERSITY AVE. ($12) 571 -9450 FRIDLEY, MN 55432