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HRA 04/04/1991 - 29620� CITY OF FRIDLEY HOIISING & REDEVELOPMENT AIITHORITY MEETING, APRIL 4, 1991 �������_�_��_�������_����������_���������������_����������_����_� CALL TO ORDER• Chairperson Commers called the April 4, 1991, Housing and Redevelopment Authority meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Larry Commers, Virginia Schnabel, Duane Prairie, Jim McFarland John Meyer William Burns, City Manager Barbara Dacy, Community Development Director Rick Pribyl, Finance Director Paul Hansen, Accountant Keith DeGross, 10645 Quincy Blvd., Coon Rapids Jack Kiffe, 318 - 114th Ave. N.W., Coon Rapids Steve Hardy, 512 North Main, Cambridge Robert Grootwassinck, Weis Management Mike Hurley, 200 Northtown Financial Plaza, Coon Rapids � Richard Walquist, 534 Continental Drive, New Brighton Doug Erickson, Fridley Focus APPROVAL OF MARCH 14 1991. HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the March 14, 1991, Housing & Redevelopment Authority minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N COMMER3 DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF LEASE AGREEMENT WITH KEITH DEGROSS: Ms. Dacy stated that Keith DeGross has signed a purchase agreement with Jack Kiffe of Kiffe Automotive to purchase his automotive business located at the southwest corner of University Avenue and Mississippi Street. Mr. DeGross has indicated that he wants to use this facility for minor auto repair, oil changes, etc. The proposed lease maintains the same rental payment as the previous lease with Mr. Kiffe of $650 per month. The terms of the lease are for one year from May 1, 1991, to April 30, 1992. The original language in the previous lease contained a paragraph which stated ,� � HOIISING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 2 that after the expiration of the one year period, the lease would revert to a month-to-month arrangement. Staff is proposing to continue that arrangement. Ms. Dacy stated the Attorney's office and the Finance office has alerted staff that because this piece of property is generating rental income, it should not maintain its tax exempt status and that a taxable status should be applied to the property. In so doing, the taxes would become due and payable in 1992. The City Assessor estimated these taxes at about $4,015. Typically in a lease arrangement, the tenant would pay those taxes; however, staff is not proposing that in this case. It would mean an additional $335 per month, and staff feels that is prohibitive and that they would be unable to lease the building. 5taff is recommending the lease not contain any requirement for the tenant to pay taxes. Ms. Dacy stated Mr. DeGross would like permission to install a pylon sign. Paragraph 18 of the lease refers to wall signs on the existing building, so the HRA might wish to discuss whether or not Mr. DeGross should be allowed to put up a pylon sign. If the HRA gives permission to Mr. DeGross to install a pylon sign in accordance with the Sign Code, they might want to include language that it would be Mr. DeGross' responsibility to install, maintain, and remove the sign if necessary. Ms. Dacy stated Mr. DeGross would also like to improve the exterior of the building and has proposed some minor repair plans. Ms. Dacy stated both Mr. Kiffe and Mr. DeGross are in the audience. She stated staff is recommending approval of the lease. Mr. Commers asked what kind of improvements are being proposed. Mr. DeGross stated he will be getting a franchise with Texaco for a Fast Lube station. In order to be able to do that, Texaco is requiring he strip off the brick facing and smooth it out, and then Texaco will paint the building. This will be done at no cost to the HRA. Mr. Commers asked about the discharge of waste since the business will include oil changes. Mr. DeGross stated a drain pan is put under the car and then ,.�, that is dumped into a pipe which goes to an underground storage tank. �., HOII3ING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 3 Mr. Kiffe stated there is a 500 gallon underground storage tank that was installed when Dr. Ryan moved into the building. Mr. DeGross stated there are oil service companies that come and pump out the storage tanks. Mr. Commers asked what precipitated the tax exempt status issue. Ms. Dacy stated that it was her understanding that the tax exempt issue came about after the HRA acquired the Rice Plaza Shopping Center. At that time, the City asked the question of whether it should be taxable or tax exempt; and the City Attorney's office rendered the opinion that because it is an income-generating property, it should be taxable. Mr. Pribyl stated that based on the issue of the Rice Plaza, staff did a survey of all the City's properties and which properties were taxable and which ones were not. Basically, the Kiffe Automotive site is the only one that is not taxable. Mr. Commers asked what HRA expenses have been associated ,� with the Kiffe site, and how does it come out with the HRA paying taxes out of the $650 per month, leaving them with $350? Mr. Pribyl stated the only expenses he is aware of are the taxes on the property. The old tank was dug up and replaced with a new tank quite some time ago. The HRA is not paying any operating expenses at this time. Ms. Schnabel stated that as far as allowing Mr. DeGross to have a pylon sign, she would not be concerned as long as the sign meets code. Mr. DeGross stated Texaco has a free-standing 4' x 6' "Fast Lube" plastic illuminated sign. The words "Service Center" would probably be under "Fast Lube". Ms. Schnabel stated her only concern is the timing on the repair to the exterior of the building. She would hope that it would be done in a timely manner. Mr. DeGross stated it will probably take less than two weeks. Mr. Commers asked about the HRA's liability coverage when � they own property that is leased to the public. Does the City's general policy cover any liability? HOIISING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 4 Mr. Pribyl stated the City's general policy would cover those businesses that do not have a separate policy. He believed Mr. DeGross' insurance would be the primary insurance, and then beyond that, the City's insurance would step in. Mr. Hoeft stated that on page 2, paragraph 4, the Agreement of Lease requires the lessee to maintain comprehensive public liability insurance for the demised premises during the term in the minimum amount of $300,000-500,000. Mr. Commers asked about fire insurance on the building. Mr. Pribyl stated he is not sure, but he thought they might not have fire coverage for the building itself since it is in a redevelopment area. If, in fact, the building did burn, there is a good possibility they wouldn't rebuild that particular building. He would tend to think it might be covered under all property the HRA owns, and it could be added on; but then the question could be raised: Is it worth the cost to actually insure the building? Ms. Dacy stated that page 5, paragraph 13, states that the IiRA would have the right, but not the obligation, to repair ^ or restore the premises if it is partially or totally destroyed by fire. It was the consensus of the HRA to allow Mr. DeGross to put up a pylon sign as long as the sign meets the Sign Code. MOTION by Mr. Prairie, seconded by Ms. Schnabel, to approve the Agreement of Lease By and Between the Housing and Redevelopment Authority and Keith DeGross. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. CONSIDER APPROVAL OF MORTGAGE SATISFACTIONS FOR PRICE AND HENDRICKSON PROPERTIES �LARGE FAMILY HOME OWNERSHIP PROGRAM): MOTION by Mr. McFarland, seconded by Ms. Schnabel, to approve the Mortgage Satisfaction Agreements for Del Price, 5821 - 3rd Street N.E., and David Hendrickson, 6031 - 3rd Street N.E. (Large Family Home Ownership Program). IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERB DECLARED THE MOTION CARRIED IINANIMOIIBLY. � HOIISING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE_5 3. CONSIDER CUB FOODS REDEVELOPMENT PROPOSAL: Ms. Dacy stated the Cub Foods building has been used temporarily as a warehouse site and other temporary uses. The owners have been trying to redevelop the property. This new proposal utilizes the existing building. Their proposal is to remove a small portion (approximately 2,500 sq. ft.) from the front of the building and remodel the interior into three large tenant spaces, one of which would be for the Pet Foods Warehouse. The Pet Foods Warehouse would occupy about 60� of the building. Ms. Dacy stated Mr. Hurley's letter dated March 28, 1991, explains in detail the problems with trying to obtain financing on this property. It also details the amount of expenditures the owners need to do to improve the exterior of the building as well as to bring the parking lot up to code. They are also proposing to replace the light standards. Ms. Dacy stated the owners want to know whether or not they should proceed through the formal application process. The HRA created a TIF application process where the proponents would deposit a certain amount of money that would be used ,� by the attorney and consultant to evaluate the TIF proposal. If the HRA feels this is not an appropriate redevelopment project, the owners need to know that. Ms. Dacy stated the proposed request is for a$15,000 grant and $35,000 loan. Staff feels this redevelopment application does deserve a more intensive look through the formal application process. The amount is consistent with the informal guidelines the HRA has used in the past for redevelopment projects. However, they need to study in more detail exactly the amount of tax increment that would be generated from this project. Ms. Dacy stated this property is not in a tax increment district nor is the property in a redevelopment project area; however, it would qualify for those two tests. The HRA may want to consider e�anding the redevelopment district to properties across the street. Mr. Mike Hurley, Barna, Guzy, & Steffen, stated he is the attorney representing the fee owners of the property. one of the fee owners, Steve Hardy, is in the audience, along with Bob Grootwassink and Richard Walquist, brokers, who are trying to help put the project together. ^ Mr. Hurley stated Cub Foods vacated this building about 6-7 years ago. Since that time, there have been a couple of �..\ HOIISING & REDEVELOPMENT AIITHORITY MTG., APRIL 4. 1991 PAGE 6 attempts to redevelop the property, but these were unsuccessful. Mr. Hurley stated there are three individual owners who are paying a large amount of utilities and $50,000 in property taxes on a property that has no tenants. They have come to the conclusion that there is no way they can sell the property the way the real estate market is right now, and they have decided they need to get into the landlord/tenant business themselves to try to get a tenant in the building to stop the cash flow problem. Mr. Hurley stated they were approached by Mr. Grootwassink, who represents a corporation called Pet Food Warehouse, which would take approximately 60� of the space. Before renting out the building, they need to make a lot of repairs and improvements. The cost to bring this project up to code is approximately $400,000-500,000. The tenant is not real strong, and they have not yet been able to lease up the rest of the space. In order to get the financing to get the project off the ground, they are asking for assistance from the HRA to help offset the project costs. Mr. Hurley stated that when this project is completed, they ^ will have an attractive building, it will create jobs for the community, and it will increase the tax revenues. He stated they are willing to work with the HRA on any terms of repayment of the $35,000 loan. Mr. Commers asked how this fits into the HRA's overall costs. Ms. Dacy stated this proposal is slightly different in that it is not new construction. Staff took the approximate reconstruction costs of about $500,000, applied the 10% ratio, and that equals the $50,000. About 2/3 of the amount requested can be covered if it is done through a loan. Another comparison is that the HRA was considering assisting the RMS Company with about the same amount of money through a reduction in their special assessments. The value of that construction was also a lot greater. Ms. Schnabel stated she would like to see this property improved and put to good use. She would be supportive of getting more information to see if things can be worked out. Mr. Commers stated there seems to be no reason not to give this proposal more consideration. However, they should be cautious when they start new districts because of the long �,,,, time they can be in existence. HOOSING & REDEVELOPNlENT AIITHORITY MTG., APRIL 4, 1991 PAGE 7 4. CONSIDER REOUEST BY PLAZA OFFICE BUILDING: Mr. Commers stated the HRA has received a copy of a letter to Herrick & Newman dated March 14, 1991, from Anthony Krejci of the Fridley Office Plaza, regarding the proposal on the lease arrearages owned for the parking lot. The Fridley Office Plaza owes the HRA $19,200, and is making an offer of $10,000 to settle this debt immediately. Staff is recommending the HRA accept the offer of $10,000 as settlement for the past due debt. Mr. Commers stated that they should keep in mind that the HRA did �ake a concession about a year ago to the former owners of the Fridley Office Plaza to facilitate the sale of this property. The concession was giving up certain escrow monies they had for security. Mr. Prairie stated that the next time they have any discussions regarding the Fridley Plaza Office Building, it would be interesting to have a history of the building. Mr. Commers asked how the City tracks all the tenants/ businesses that owe the HRA money on a monthly basis. � Mr. Pribyl stated that very soon they will have an accounts receivable module in the new accounting system that will actually bill and age all accounts receivable. It will help with followup billings, delinquent billings, etc. It has been very difficult in the past with all the different kinds of arrangements they had in financing and lease payments, etc., to try to follow the billings and payments. n Mr. Prairie asked if it would be possible for the HRA to have something they can look at as far as what money is owed to them and payments. Mr. Pribyl stated that on the information that was provided to the HRA a couple of ineetings ago on the cash flow and projections, there was a section that actually itemized all the different kinds of payments the HRA receives. However, if the HRA wishes to get information on a monthly basis as far as billings, staff can do that also. Ms. Schnabel stated the HRA should develop some method of protection for the HRA that would guarantee them some type of performance on leases. If this building changes owners every two years, there is no way the HRA is protected. She is also thinking about this in terms of the lease agreement they just approved with Mr. DeGross on the station across the street. /""� P`\ i"1 HOIISING & REDEVELOPMLNT AIITHORITY MTG., APRIL 4, 1991 PAGE 8 5. � Mr. Commers stated he is very concerned about the station also, because every service station has a pollution problem. Whatever cleanup that is required later will be the HRA's responsibility, especially now that Mr. DeGross is going into the lube business, in addition to the car repair business. Mr. Commers asked staff to check back in the minutes and see what they could find about the escrow and what the HRA gave up for the Fridley Office Plaza. There may be something staff can do with that information. Mr. McFarland suggested the HRA accept the $10,000 with the stipulation that if the Fridley Office Plaza makes the rent payments on the parking lot and municipal ramp for the next three years, the HRA will forgive the balance. If the Fridley Office Plaza does not make the payments, then the HRA will still have the lien value. MOTION by Mr. McFarland, seconded by Mr. Prairie, to authorize staff to accept the $10,000 payment from the Fridley Office Plaza for the use of the parking lot and municipal parking ramp, with the counterproposal that if the Fridley Office Plaza makes the payments for three years, the HRA will forgive the balance of the debt owed at the end of the three year period. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDER RESOLUTION AUTHORIZING CONDEMNATION ACTION ON THE DAIRY QUEEAT PROPERTY: Ms. Dacy stated that Mr. Fitch, owner of the Dairy Queen and staff have not been able to negotiate a settlement on the sale of the Dairy Queen site. Mr. Fitch is requesting compensation, not only for the real estate value, but an additional payment to compensate for his relocation elsewhere. MOTION by Ms. Schnabel, seconded by Mr. Prairie, to authorize execution and approval of a resolution to acquire by eminent domain the title to the Dairy Queen property. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOUSLY. CLAIMS AND EXPENSES: a. Check Register (2115-2121) �. HOIISING & REDLVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 9 MOTION by Mr. Prairie, seconded by Ms. Schnabel, to approve the check register dated April 4, 1991, as presented. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. PLANNING COMMISSION CITY COUNCIL. AND TRAFFIC INFORMATION PERTAINING TO FRIDLEY TOWN SOUARE: Mr. Commers thanked staff for providing this information. 8. SUNIl�IARY OF HOUSIATG INTERVIEWS: Ms. Dacy stated as explained in her memo to Mr. Burns dated March 28, 1991, staff interviewed first ring suburbs in a similar situation to the City of Fridley: Columbia Heights, Edina, South St. Paul, and Brooklyn Center. They also interviewed people from the Minneapolis Community Development Agency (MCDA). All these communities are carrying out a varying degree of housing programs, all of them representing a different point on the scale of involvement. Ms. Dacy stated staff asked each community and the MCDA to � outline all their housing program activities and how those activities are funded. Included with the memo was a matrix of the types of programs and funding these agencies have. Ms. Dacy stated staff asked each community if they had an example of where they had a commercial area that has been redeveloped into a housing project (in trying to find a comparison to Fridley's University Avenue Gateway area). Unfortunately, none of those communities had any comparables to the size Fridley is looking at along University Avenue; however, some of them had unique approaches to housing issues. Some have taken as much of a risk in housing as Fridley is looking at in this project area. For example, Columbia Heights recently participated in the construction and ownership of a senior housing project, as well as South St. Paul. Dakota and Washington Counties are looking at the essential function bond, which means their HRA's will be part of the ownership of the housing project. Ms. Dacy stated that all of the communities are utilizing to a great extent CDBG monies and MFHA. MFHA is used primarily for first time home buyer programs, where the CDBG monies are used for rehab programs. To a smaller extent, the City of Fridley has Anoka County do a single family rehab program, but it is not as widely used as in other communities. i"� � r''� i'"� HOIISING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 10 Ms. Dacy stated TIF appeared to be used only for new construction in a variety of ways: to construct public improvements or to create second mortgages. Ms. Dacy stated staff was impressed with Brooklyn Center's housing study, and included in the HRA packet was the Executive Summary of Maxfield & Associates' findings for Brooklyn Center. In essence, the City of Fridley is going to be competing for the same types of markets Brooklyn Center's report addresses. Mr. Dacy stated that as a result of these interviews and analysis, staff has the following recommendations for the HRA to consider: 1. Staff would like the HRA to consider allowing staff to conduct such a study for Fridley, to look at the demand and supply for housing, the markets available, apply that to specific areas in the City of Fridley, and have a consultant make some recommendations as to what would be appropriate strategy in each part of the community, and use that as a basis to tie the needs into specific programs and to gauge how much money they want to put in a rehab program, new construction, and the basis for decisions. 2. 5taff believes the City of Fridley should pursue the use of MFHA and CDBG monies as much as possible. 3. Staff would like to coordinate any HRA housing assistance with city programs for inspections and any programs for rehabilitation and housing maintenance inspection programs. 4. After completion of the City's Riverview Heights acquisition program in the Mississippi River flood plain, the HRA should recommend to the City Council the use of CDBG monies for a more extensive housing rehabilitation program, including the institution of a revolving loan program. Ms. Dacy stated staff is asking for discussion and approval of an RFP to have a consultant do a housing study for the City of Fridley. Mr. Commers asked what the City Council's attitude is toward CDBG funds. At one time, those funds were available to the HRA, but several years ago, the City Council decided they wanted to control those funds for the Riverview Heights project. When is the Riverview Heights project going to be over, and what does it mean that those funds would be available to the HRA? /"� � � 80IISING & REDEVELOPMENT AIITHORITY MTG.. APRIL 4, 1991 PAGE 11 Ms. Dacy stated that in the last 4-5 years, CDBG funds have been used to acquire homes in the Riverview Heights area; and, hopefully, the acquisition of those home will be completed in 1992. The City receives about $115,000 a year. It is staff's understanding that the Mayor has e�cpressed an interest in pursuing additional programming in the housing area, but the full Council needs to debate the future use of CDBG funds. Mr. Commers asked if the City Council would be willing to participate on a 50/50 basis in a research project of housing needs. Mr. Burns stated he believed that with the projected revenue shortfalls the City is expecting as a result of the current legislative sessions, the City would be hard pressed to make an additional expenditure for a housing study at this time. Mr. McFarland stated the HRA might be better off negotiating with one consultant, rather than going out for bid and have to settle for the lowest bid. Ms. Schnabel stated Brooklyn Center's study was very interesting, but it seemed to concentrate on rental units as opposed to single family in terms of rehab situations. It was the consensus of the HRA that it makes no difference whether staff negotiates with Maxfield & Associates or goes out for bid for a consultant to do a housing study; however, the HRA would like to see the dollar figures before authorizing the study. 9. MEMO REGARDING MEETING WITH SIMER PUMP: This was an information item only. 10. TERRI NIAU AGREEMENT: This was an information item only. 11. MEMO REGARDING ERRORS AND OMISSIONS INSURANCE: Mr. Pribyl stated with regard to Errors and Omissions, the coverage is for all five HRA members. The billing is actually based on two members, the reason being that the exposure is much less with HRA members. Mr. Commers stated staff should keep in mind that the HRA is different from any other city body. They are separately incorporated as a non-profit as compared to the other City �, � n HOIISING & REDEVELOPMENT AIITHORITY MTG.. APRIL 4, 1991 PAGE 12 12. 13. commissions. So, they should make sure the HRA is specifically spelled out in the insurance coverage. Mr. Pribyl stated the HRA is addressed specifically in the $600,000 insurance coverage. The $1,000,000 is a City self- insured umbrella. Mr. Commers asked Mr. Pribyl to find out if the HRA is covered under the $1,000,000 umbrella. Mr. Pribyl stated that is something that is going to have to be discussed within the City as to how this would be extended to the HRA, because that would be a direct obligation of the City. Mr. Commers stated that maybe the HRA should set up a reserve insurance policy. He stated he is concerned about the HRA's insurance coverage because the HRA deals with significant properties and significant dollar amounts. Mr. McFarland stated that at Northeast State Bank, they passed a resolution that the bank would protect the directors from any suit. So, the bank bought an insurance policy to protect the directors. He stated the City should also protect the HRA as the HRA acts as an agent for the City and is acting on behalf of the City. Mr. Commers suggested that staff check to see if there is a statute for non-profit, public corporations. It might be something the HRA should consider to help fill the void. RICE PLAZA UPDATE: The HRA received the Rice Plaza 1991 Rent update. MEMO REGARDING TIF TURNBACK AMOUNTS: Mr. Commers stated that Supt. Dennis Rens had stated in a previous memo that if the HRA is going to cut or change any of the turnback amounts for 1993, they should do it by July 1991. The HRA should have this on their agenda for discussion prior to this July 1991. Mr. Burns stated staff intends to put this on the agenda for discussion at the June 1991 HRA meeting. � � n HOIIBING & REDEVELOPMENT AIITHORITY MTG., APRIL 4, 1991 PAGE 13 ADJOURNMENT• MOTION by Ms. Schnabel, seconded by Mr. Prairie, meeting. Upon a voice vote, Chairperson Commers motion carried and the April 4, 1991, Housing and Authority meeting adjourned at 9:35 p.m. Res ectfully sub itted, � Ly Saba Rec rding Secretary to adjourn the declared the Redevelopment �=�������_���=�`�+y �' April 4, 1991 HO�SING AND REDEVELOPMENT AIITHORITY MEETING, ---- ----- Name Address/Business ,� lo��s � ;.��y, .�/� �/4 ,�h -�. J c�.�5 � ,r � .�r�. � 3'�ke. l� � �� 1� � � R��� � S � G �� � [ 1� I G� �(�C�K. � Si 2 N cJ � C��c �� �. �... �. t�e � � � ���� 1-�• ,r � , �� ° � �v / .� ��a >� . � — ��� �d��� � ���� ., � q �5�� I � �1 ''�"\ 3�