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HRA 01/09/1992 - 29628�"`, CITY OF FRIDLEY HOIIBING & REDEVELOPMENT AIITHORITY MEETING, JANUARY 9� 1992 �����»����..��������������..����»��������������������_����_�������� CALL TO ORDER• Chairperson Commers called the January 9, 1992, Housing & Redevelopment Authority minutes to order at 7:45 p.m. ROLL CALL• Members Present: Larry Commers, Virginia Schnabel, John Meyer, Jim McFarland Members Absent: Duane Prairie Others Present: William Burns, Executive Director of HRA Barbara Dacy, Community Development Director Paul Hansen, Accountant Jim Casserly, Consultant Jim Hoeft, HRA Attorney Steve Billings, Councilmember Nancy J. Jorgenson, Councilmember Mark Rasmusson, McGlynn Bakeries, Inc. Mike McGlynn, McGlynn Bakeries, Inc. � Lee Maxfield, Maxfield Research Group Mary Bujold, Maxfield Research Group Dale Beckman, BRW, Inc. (Wal-Mart) Doug Erickson, Fridley Focus APPROVAL OF DECEMBER 12, 1991, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Meyer, seconded by Mr. McFarland, to approve the December 12, 1991, Housing & Redevelopment Authority minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDER APPROVAL OF DEVELOPMENT AGREEMENT WITH MCGLYNN BAKERIES• Mr. Burns stated this item has been reviewed at a number of levels, including the Planning Commission review for conformance with the Comprehensive Plan. The HRA has looked at the modified development plan and the creation of a TIF district. The City Council held a public hearing on December 9, 1991, on the modification of the development plan and the creation of TIF District No. 12 with McGlynn Bakeries. On January 6, 1992, the � � HOUSI�NG & REDEVELOPMENT AIITHORITY MTG.. JANUARY 9, 1992 - PAGE 2 City Council approved the modified development plan and creation of TIF District No. 12. Mr. Burns stated that in addition to all these reviews, the Anoka County Board of Commissioners has reviewed and approved the TIF district and the school districts have been notified and given an opportunity to review.• Mr. Burns stated he has asked Mr. Casserly to prepar� an executive summary to the Development Agreement. His summarized comments are from this executive summary. Mr. Burns stated that, in theory, the redeveloper, McGlynn Bakeries, is providing funds to the HRA for qualified improvements; in this case, a land writedown. The HRA is actually borrowing money from McGlynn to be repaid through available tax increment. The redeveloper does not receive his agreed-upon TIF payments unless he employs an average of 200 full time employees or full time equivalents during the preceding calendar year. Theoreti- cally, the HRA acquires the property from McGlynn Bakeries for the amount of the note, $701,172, and conveys it back to McGlynn for $1. The note is not executed until the HRA has certification that all the improvements have been completed. Al1 minimum improvements are to be completed by June 30, 1993. � � Mr. Burns stated McGlynn is also required to maintain adequate insurance to cover the value of the property. McGlynn Bakeries also agrees that a minimum market value of the property shall not be less than $3,800,000. It is currently being valued at $2,100,000. McGlynn will receive 95% of the value of that increment, and the HRA will receive 5% of the available tax increment for coverage of its administrative costs over a period of approximately 14 years. Mr. Burns stated McGlynn also agrees to pay prevailing wages as defined in M.S., Section 177.42, and City Resolution No. 25-90, for all work connected with the project. Mr. Burns stated TIF is pledged on a"pay-as-you-go" basis over 14 years. The present value of the amount projected is $649,542. The City has also succeeded to get, with great help from Representative Wayne Simoneau and the State Department of Trade and Economic Development, an Economic Recovery Loan in the amount of $250,000 to assist McGlynn with the purchase of machinery and equipment. In addition, the HRA will spend approximately $10,000 for the correction of the drainage problems in the rear parking lot. So, the total package is $649,542 plus $250,000 plus $10,000. Mr. Burns stated staff believes that the project more than adequately complies with the state law which requires a"But-For" �'1 Test. They do not believe redevelopment would occur here in Fridley without the HRA's investment. There is an old building on HOUBING & REDEVELOPMENT AIITHORITY MTG.� JANIIARY 9, 1992 - PAGE 3 /"� the site that was constructed piecemeal for the processing of pizzas. There is a lot of expenses associated with repairing the building and reconfiguring it for making bakery projects rather than pizzas. In many respects, it might be cheaper for McGlynn to go somewhere else and build a new building than to rehabilitate this building. So, staff believes the HRA's money is necessary to attract the project. Staff also believes that by doing this project, they are eliminating a blighting influence on the City of Fridley. . Mr. Burns stated other advantages to the project are as follows: 1. McGlynn has pledged to bring a minimum of 250 full time jobs to Fridley by the end of 1995. With recent developments, staff believes that job creation could be substantially greater than that officially pledged. 2. McGlynn enjoys a reputation as a fast growing, financially sound company. The City will benefit by having a company of this quality in Fridley. 3. McGlynn will be bringing a$7,000,000 annual payroll that will no doubt generate additional jobs in Fridley and that some of those dollars will be spent in Fridley. �, 4. McGlynn fills a void that might otherwise be difficult to fill. Mr. Burns stated staff recommends the approval of the Development Agreement between HRA and McGlynn Bakeries. Mr. Commers asked Mr. Casserly to review paragraph 3, page 37, to see if, in fact, the word "and" should be changed to "or": "The Authority shall pay on each Scheduled Payment Date to the Registered Owner the lesser of the Available Tax Increment � or the Scheduled Payment due hereon on that date." Mr. Casserly stated that is probably correct. Mr. Casserly handed out materials that should be included with the Development Agreement. The first hand-out is a schedule of what is included in the minimum improvements. The other thing that needs to be corrected is conformance to a couple of definitions. The definition of "Redeveloper" is the definition that is contained in the Development Agreement between the City and McGlynn. That Development Agreement is a result of the State providing a$250,000 grant to the City and not to the HRA. So, the City enters into an agreement with McGlynn; and, in several instances, he has tried to conform that the Agreement was really negotiated between McGlynn and the State, and the City is really acting as a conduit for that ^ agreement. One of the definitions that should be consistent is the definition of Redeveloper. The Redeveloper has asked that this e HOIIBING & REDEVELOPMENT AIITHORITY MTG., JANUARY 9, 1992 - PAGE 4 �'"� redevelopment contract conform to the Development Agreement. He recommends that the HRA include that as part of the Development Agreement. Mr. Casserly stated another change is as a result of a discussion with City Council, and that is a new representation that the City is asking McGlynn to make which would go on page 8 of the Development Agreement. This is the representation that the company will, in fact, pay wages according to the Prevailing Wage Rate. The City Public Works Department will be responsible for monitoring compliance. He has also made reference to the City's resolution which adopted the Prevailing Wage Provision. A copy of that resolution is attached, and he recommends that it be incorporated into the Agreement. McGlynn concurs with this. Mr. Mark Rasmusson stated McGlynn Bakeries is very excited about coming to Fridley. Everything that has been planned to come to Fridley will still come to Fridley, plus a little more. He stated Mike McGlynn, President of McGlynn Bakeries, is also at the meeting to address any concerns or questions the HRA might have because of the publicity in the paper about their recent sale of the frozen products division to Grand Met/Pillsbury. Mr. Mike McGlynn stated that on behalf of the shareholders of the � McGlynn family and all the McGlynn employees that will be moving to Fridley, he wanted to e�tpress their excitement about moving into a new facility and being part of the City of Fridley. He also wanted to thank the HRA and staff for all their work on this project, and McGlynn looks forward to working with them in the future. Mr. Commers stated that with regard to the purchase of McGlynn's frozen products division by Grand Met/Pillsbury, will that purchase affect the entity of McGlynn Bakeries, Inc.? Mr. McGlynn stated it will not. They will still be McGlynn Bakeries, Inc. The present shareholders of McGlynn Bakeries will continue in their present form minus the frozen products division. Mr. Commers stated that part of the intention of entering into this redevelopment agreement was based on McGlynn Bakeries, Inc.'s, financial ability to fulfill their side of the bargain in terms of development of the project, being able to pay the real estate taxes, etc. With the sale of the frozen products division which will be a significant portion of McGlynn's assets, is there any problem in McGlynn Bakeries, Inc., providing City staff with some kind of information regarding the remaining McGlynn Bakeries' ability to continue to meet their financial obligations? Mr. McGlynn stated there is some confidentiality with Grand Met so �''`�� there are some things they cannot disclose without Grand Met's permission. Many questioris being asked by people are whether there 80IISINa & REDEVELOPMENT AIITSORITY MTG., JANIIARY 9, 1992 - PAGE 5 ���� is any connectio Grand Met and the Met. He state coincidence. He Totino plant long purchasing their n between the purchase of the Totino plant from sale of McGlynn's frozen foods division to Grand d that there is no connection; it was pure stated they were looking at the purchase of the before Grand Met ever approached McGlynn about frozen products division. Mr. McGlynn stated that regarding Mr. Commers' question about McGlynn's present financial condition. If anything, McGlynn now has a higher level of strength and stability. After this trans- action with Grand Met is completed, the availability of bank loans and the net equity, etc., of the company will be strengthened through the strength of the shareholders. The transaction is not a cash transaction, but a stock-for-stock transaction. The structure of McGlynn Bakeries, Inc., is such that the voting control of the vast majority is held by his father, so his financial condition on paper greatly improves. Mr. Commers asked if the HRA has any personal guarantee on this transaction. Mr. Casserly stated that because they are not issuing any debt, they have not asked for any personal guarantee. ,,.�, Mr. Rasmusson stated that before the meeting, they provided Mr. Casserly with some numbers and briefly reviewed those numbers with him of what the remaining company's projected 5-year cash flow and earnings and other financial data will look like for the next five r-�., years. As they can see, McGlynn Bakeries, Inc., is a very financially strong company by itself. The frozen products division was a net cash user, because it was growing so rapidly. The retail division grows fast but not as fast as the frozen products division. For the last 5-10 years, the retail division has been supplying excess cash within the company to the frozen products division; and now it will no longer have to do that. It can maintain its cash flow for its own purposes. Steve Billings, City Councilmember, stated that on Monday, January 6, 1992, the City Council voted on a 4-1 vote to approve the tax increment district. Lately, it has been the Council's position to not create any new districts unless they are fairly confident the HRA has a development agreement ready to go. He stated he is at the meeting to do two things: (1) to explain his "no" vote at the Council; and (2) to e�ress his feelings of betrayal. Councilmember Billings stated that for the last three months the City has been hearing how great McGlynn Bakeries, Inc., and what a terrific neighbor they are going to make, and all the jobs that will be created in Fridley; and by moving to Fridley, they will free up space in Eden Prairie to create new jobs in Eden Prairie. Before he knew they were going to be creating new jobs in Eden Prairie, he thought if they are just moving jobs from one side of �"� HOIISING & REDEVELOPMENT AUTHORITY MTG.. JANUARY 9. 1992 - PAGE 6 the seven-county metropolitan area to another and creating an additional .67 jobs for each production job in Fridley, that means they are losing .67 jobs plus the production jobs in Eden Prairie. When he heard they were creating new j obs in Eden Prairie, that made his feel a little more comfortable. Councilmember Billings stated that throughout this whole process, they have been aware that it will be 18 years before School Districts 14 and 16 and Anoka County start to receive any money from the real property taxes that are going to be generated off this project. They have been hearing talk about the $7 million payroll and the jobs, but he had a lot of questions, and he still cannot put his finger on why things are just not ringing perfectly true to him. Councilmember Billings stated that now McGlynn is selling off a portion of its business which employs 900 people in Eden Prairie and Chanhassen to a company which previously bought property and business located in the City of Fridley and chose to move those jobs from the Totino plant to Indianapolis for greater national distribution. There is no guarantee to the City of Fridley that Grand Met is not going to do the same thing with the Eden Prairie and Chanhassen facilities. So, McGlynn Bakeries, Inc., has just completed a multi-million dollar deal to sell off a portion of �., their business, they needed the retail operation to move to, they came to the City of Fridley and are receiving from Fridley and the State of Minnesota close to $1 million additionally to help them put together that multi-million dollar windfall they are getting; and, in the process, have been less than honest with the City of Fridley and the HRA. Councilmember Billings stated he cannot believe this package was put together between Monday night, January 6, and Wednesday morning, January 8. Someone in the McGlynn organization knew they were working on this deal with Grand Met and were not forthright in letting the City of Fridley know that there was the possibility that jobs are going to be leaving Eden Prairie. At the Council meeting on Monday night, January 6, 1992, the Fridley City Manager indicated in his presentation to the Council that 44 new j obs would be created in Fridley, 200+ jobs would move from Eden Prairie to Fridley, and that would allow space in Eden Prairie for expansion of the frozen foods operation creating another 70 jobs. Councilmember Billings stated he just wanted to express his feelings to the HRA and have the HRA analyze those feelings before making any decision. He believed McGlynn has been less than honest, and it truly troubled him. Councilmember Billings stated that in the newspaper in a discussion on whether or not Grand Met will move jobs, a spokesperson for �`�, Grant Met indicated that they would not be contemplating that on day 1 for sure. In talking about the current McGlynn employees, r"� HOIIBINa & REDBVELOPMENT AIITHORITY MTG., JANUARY 9, 1992 - PAGE 7 Mr. McGlynn was alleged to have said that job security is the product of hard work. Councilmember Billings stated it is his opinion that economic assistance from the City of Fridley is a product of honesty. He thanked the FiRA for their time. Ms. Schnabel stated that if the HRA approves the development agreement with McGlynn and McGlynn does develop the property in Fridley, did Mr. Billings believe there will a problem with the employment figures that have been presented by Mr. Burns? Or, does he think McGlynn will fulfill the things they have talked about as far as the payroll and numbers. Councilmember Billings stated based on the less than honest presentation of their situation, at this point in time, he did not know what to believe. Although Mr. McGly.nn has indicated at this meeting that the acquisition of the building was separate from the sale of their frozen products division to Grand Met, he did not know if he believed that either. He believed this is something that has been going on all the time, and McGlynn was looking for somewhere to move their retail division so they could sell off their frozen products division. Councilmember Billings stated that part of the argument for what the City is doing and part of the argument for the "But-For" Test ,—, was that if the City didn't help McGlynn with this project, they would be going to North Carolina. Somewhere along the line when they decided to go to Grand Met, they knew they were not going to North Carolina. If they were going to move a portion of the business to North Carolina, it would have been the frozen products division. More importantly, it is his view that all this was a way to glean an extra $1 million and make this a multi-million dollar plus $910,000 deal. Mr. McGlynn stated the purchase of the building from Grand Met and the transaction of the frozen products division are totally unrelated. He did not know why Grand Met approached them about purchasing their frozen products division. He stated he feels bad that people think they were deceived along the way. Up until 5:45 p.m. Tuesday night when the agreement was signed with Grant Met/Pillsbury, they could not say for sure whether or not the frozen products division was going to be sold. It has been worked on for months and months, and they were under confidential disclosure agreements which McGlynn signed not to disclose that they were talking or meeting with Grand Met about any part of the McGlynn business. One of the hardest things with these kinds of transactions is not being able to inform the public, employees, customers, suppliers, etc., but the reasons for not disclosing it are good and valid, and if nothing had come of the negotiations, it would have saved a lot of people the trauma of worrying about it. r�. HOIIBING � REDEVELOPMENT AIITHORITY MTG., JANUARY 9, 1992 - PAGE S �, Mr. McGlynn stated that relative to the fact about building another plant in another state, they certainly had thought about it, looked at some development, and talked to other people in the industry who had developed plants in other states, specifically in North Carolina. There were many things that had to considered if they did not sell the frozen products division. Mr. McGlynn stated that several years ago when they were looking at expanding in Chanhassen, many of their employees were nervous and a lot of rumors were flying. He met with virtually every employee and assured each one that no jobs would be lost, and no jobs were lost because of that expansion. Mr. Commers asked what would happen if, after a year or two, McGlynn decides to sell the McGlynn retail facility and the Totino plant. What happens to the development agreement? Mr. Casserly stated McGlynn can (1) agree to terminate the development agreement so it would no longer be effective and proceed which would eliminate any requirement for the HRA to pay the note; or (2) transfer the development agreement and "any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in � this Agreement by the Redeveloper" (page 20, ii, of the Development ' Agreement). Mr. Commers asked if, in the judgment of the HRA, the transferee did not have those qualifications, did the HRA have the option to terminate the Development Agreement? Mr. Casserly stated that is an option available to the HRA. MOTION by Ms. Schnabel, seconded by Mr. McFarland, to approve the Development Agreement and Resolution No. HRA 1-1992, "A Resolution Authorizing Execution and Delivery of a Contract for Private Redevelopment by and between the Housing and Redevelopment Authority in and for the City of Fridley and McGlynn Bakeries, Inc." IIPON A VOICE VOTE, COMMERB, SCHNABEL, AND MeFARLAND VOTING AYE, MEYER ABSTAINING� CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. MOTION TO AMEND by Ms. Schnabel, seconded by Mr. McFarland, to approve the Development Agreement and Resolution No. HRA 1-1992, "A Resolution Authorizing Execution and Delivery of a Contract for Private Redevelopment by and between the Housing and Redevelopment Authority in and for the City of Fridley and McGlynn Bakeries, Inc.", and that staff be assured that the surviving entity, McGlynn '� Bakeries, Inc., has the financial capability of carrying out the Development Agreement. �--� 80IISING & REDEVELOPMENT AIITHORITY MTG.. JANUARY 9, 1992 - PAGE 9 IIPON A VOICE VOTE, COMMERH, SCHNABEL, AND McFARLAND VOTING AYE, MEYER ABBTAINING, CHAIRPERSON COMMERS DECLARED THE MOTION A8 AMENDED CARRIED BY A VOTE OF 3-1. Mr. Commers thanked Councilmember Billings for his comments and concerns. 2. PRESENTATION OF MAXFIELD RESEARCH GROUP - CITY OF FRIDLEY HOUSING STUDY• Ms. Dacy stated that in August 1990, staff recommended that the HRA conduct a housing study and identified six reasons to hire Maxfield Research Group. Mr. Lee Maxfield and his assistant, Ms. Mary Bujold, are at the meeting to present the major findings of the report. � Ms. Mary Bu�old thanked the HRA for allowing Maxfield Research Group, Inc., to conduct the housing study. She stated her presentation would be conducted in three parts: (i) the methodology of how they conducted the study; (2) general research findings; (3) brief overall of recommendations. Ms. Bujold stated that when they started the study, they met with ,-. Mr. Burns and Ms. Dacy to define the work program. They identified areas and divided Fridley into seven neighborhoods. They reviewed overall demographic trends nationally and locally and then narrowed down to look at Fridley within that larger scope. They tried to analyze some of the strong market influences that are occurring within Fridley and how that has progressed, specifically through the 1980's. They interviewed a large number of people who had a stake in Fridley and housing issues in the City of Fridley: school administrators, real estate agents, people in churches in each of the neighborhoods, rental building owners and managers, and many of the City officials (Parks & Recreation, City Assessor, Fire Marshall with regard to inspections of rental housing property, Planning Department, Housing Specialist, and others). They also spoke with major employers in the City. � , , Ms. Bujold stated they conducted an extensive visual survey of each neighborhood to assess each neighborhood's strengths and weaknesses, potential areas for redevelopment, advantages, and appropriate land uses. Ms. Bujold stated that from their research, she believed they got a very good sense of what and who the City of Fridley is . They found that Fridley is a fully developed suburb. There is very little vacant land available for new development and that most of the existing development that will take place will be redevelopment of areas that are now occupied and some infill development on a small number of vacant lots. � HOIISINa & REDEVELOPMENT AIITHORITY MTG., JANUARY 9, 1992 - PAGE 10 Ms. Bujold stated the housing stock is primarily older, the majority of which was built in the 1950's and 1960's; however, the majority of the housing stock is also very well maintained. They identified some areas where the housing stock may be deteriorating somewhat, but they did not find any areas in Fridley where they felt the housing stock was of a blighted nature and that these are areas that, through monitoring and programs, could certainly be maintained and upgraded. Ms. Bujold stated Fridley has a very strong employment base. Many people live in Fridley because they want to be near their place of employment and do work in Fridley or nearby. People believe that Fridley has very strong school systems. Realtors said that is one of the many reasons why people want to move to Fridley. Ms. Bujold stated there is a very strong Neighborhood Crime Watch Program, and they found it is second only to the City of Minneapolis as far as the number of neighborhoods and people participating. They felt this was a very strong indication that the residents of Fridley are very concerned about their safety, and neighborhood issues and that they are concerned about maintaining the livability of their neighborhoods. Ms. Bujold stated their conversations also indicated that Fridley ,.� has a very strong community loyalty. In other studies they have conducted, this has not come out as a strong perception. People want to stay here. Several said they are second and even third generations in the community, which is highly unusual in this day and age. Ms. Bujold stated there are no very large concentrations of rental housing in the City, which is an advantage to Fridley in that the rental housing tends to be spread out more. Fridley has a very good access to freeways and metro highways. This is a distinct advantage to why people want to move to Fridley. Ms. Bujold stated Fridley will have to be concerned in the future about what will be happening with other surrounding communities. Housing will continue to be a very competitive market, and Fridley will have to continue to compete for its share of homeowners and tenants. Ms. Bujold stated she would like to outline some recommendations in general: 1. The need to promote Fridley as a desirable residential community. 2. The need to emphasize the advantages of being in the Fridley school system, the affordability of housing, and �`� realize that Fridley must compete with surrounding suburbs. HOIISING & REDEVELOPMENT AIIT80RITY MTG.•, JANQARY 9, 1992 - PAGE il � - - 3. The need to maintain and upgrade existing housing base and to assist owners, both single family owners and small landlords, with maintaining properties, either through education and/or financial assistance. 4. The need to encourage buyers to purchase in Fridley. There are a lot of renters in Fridley who could also be a strong market for potential homeowners. 5. The need to provide housing alternatives for empty nesters and seniors to stay in the community. Through that process, freeing up necessary housing for first time homebuyers. 6. The need to provide housing for low to moderate income renters. Because of some of the other issues such as low rents in Fridley, some of the housing for low and moderate income renters has been created through preferred maintenance which is not a preferred alternative for low and moderate income renters. 7. The need to encourage and educate small rental property owners on how to better screen tenants and better manage ,—� renters. 8. The need to keep cooperation between all the City services so they can all work together to create the desirability of Fridley as a livable community. Mr. Meyer stated Maxfield Research Group has prepared an excellent report that he believed will be very useful to the City and the HRA. Ms. Bujold thanked Mr. Meyer. She stated she thoroughly enjoyed working on the study. It was extremely interesting. Mr. Commers asked Ms. Dacy how staff envisions the use of this study. Ms. Dacy stated that Mr. Maxfield and Ms. Bujold will also be making a presentation to the Council at the January 13, 1992, Council Conference meeting. • After that she and Mr. Burns will outline a process that will be submitted to the IiRA and the Council to evaluate the next step which is to identify priorities. In her memo dated December 31, 1991, she alluded to some of the things she feels will need to be addressed. One of the other benefits from the study is that Maxfield Research Group put together an appendix of other financial resources, state and federal, and staff is /'"� compiling information of housing programs in other communities. HOIISING & REDEVELOPMENT AIITHORITY MTG., JANIIARY 9, 1992 - PAGE 12 ,.�, , Mr. Burns stated the job ahead of them is to look at the problems and recommendations the study has provided for each of the seven geographic areas in Fridley and then try to match the recommendations with their resources, internal and well as external, once they have identified their resources. At the staff level, they see housing as an increasingly important area of emphasis for Fridley and the Fridley HRA. Mr. Meyer stated the study gave him a basic overview of the community that he did not fully have before. It will be a valuable reference source. Mr. Commers thanked Mr. Maxfield and Ms. Bujold for coming to the meeting and for the fine job done on the study. Ms. Bujold stated that if the HRA members have any more comments or questions, they are to feel free to either contact her directly or through Barbara Dacy. 3. REVIEW WAL-MART ARCHITECTURAL PLANS: Ms. Dacy stated that in the mid-1980's, there were two development agreements executed with Vantage Properties, Inc., on this site: one between the HRA and Vantage and one between the City and ,-�\ Vantage. The HRA development agreement provided the mechanism for the assistance for the soil correction. In 1987, the HRA assisted the development of The Wholesale Club and the property with $100,000. Wal-Mart is not requesting any assistance. Ms. Dacy stated the City development agreement, which the HRA development agreement also required compliance with, spent a lot of time talking about quality and exterior building materials and making sure that the two phases of the project were cohesive. Since Wal-Mart is submitting applications to go through the various planning approvals for the development, staff believed that it is important that the HRA be briefed on the type of architectural exteriors that are being proposed. Ms. Dacy stated Wal-Mart's consulting firm is BRW, Inc., and Dale Beckman, the project manager, is at the meeting to describe what is being proposed. Mr. Beckman stated Wal-Mart is excited to be in the City of Fridley. They believe that Fridley offers a lot of opportunities that provides that "hometown atmosphere". Wal-Mart started in small middle Arkansas towns and has now spread throughout the United States. There are about 1,700 Wa1-Mart stores, approximately 25 in Minnesota. There are also approximately 275 Sam's Clubs nationwide. Wal-Mart is the prominent retail developer in the United States at this time. Sales are estimated at � approximately $40 billion. HOUBING & REDEVELOPMLNT AIITHORITY MTG., JANUARY 9, 1992 - PAGE 13 �"` --- Mr. Beclaaan stated the plan proposes a 116, 000 sq. ft. Wal-Mart building which will be constructed directly adjacent to the north face of Sam's Club, step back approximately 10 feet with a garden center on the very north edge. Wal-Mart has under option two additional acres of land (part of the Caba Addition), which was not originally addressed in the Vantage development agreement, to provide them with access to 83rd Avenue, as well as to provide an area for e�oanded parking sometime in the future when Wal-Mart plans to add on approximately 30,000 sq. ft. Wal-Mart is also acquiring, under the original development agreement, two acres of the Mar-Len Addition to relocate the detention basin. The 30,000 sq. ft. addition would come off the back side of the building and would meet all the Zoning Code setback requirements. Mr. Beckman stated the architectural compatibility for the site is very important. When Vantage originally came before the HRA to request assistance for soil correction, part of the agreement was that Vantage would provide an architecturally-enhanced building on this location. The development agreement also talked about having some future valuation of the development in Phase II, about $3 million. With the 116,000 sq. ft. Wal-Mart development, the valuation is in the neighborhood of $5-6 million, so they feel they have met the intent of the original development agreement. ,-� Mr. Beckman stated Wal-Mart's next task was to try to enhance what is there today with Sam's Club and combine it with the new building to make the two buildings blend together. One of the major features they wanted to incorporate into the Wal-Mart building was the brick incorporated in the original Wholesale Club building (now Sam's Club}, and they have done that. He reviewed the architectural plans with the HRA. Mr. Beckman stated one of the other features they have worked on with staff is trying to come up with a way of treating the garden center that is typical of all Wal-Mart buildings and how to architecturally enhance the garden center. Wal-Mart usually uses chain link fencing. Wal-Mart has proposed that in the area where the garden center faces University Avenue and along a portion of the garden center that faces 83rd Avenue, they will extend the rock face block over the edge, create a pillar that runs the whole height of the garden center, a 2-foot high knee wall along the bottom edge, and then a wrought iron railing treatment along the edge. They believe it will enhance the garden center area and lends a sense of harmony of the garden center with the rest of the building. Mr. Beckman stated that he recently received information that Sam's Club would like to do a 30,000 sq. ft. expansion on Sam's Club in conjunction with the Wal-Mart construction. Because of this, they will have to amend the site plan. They are considering putting the r"� Wal-Mart building so that the vestibule will be on the north end �,. HOIIBING � REDEVELOPMENT AIIT80RITY MTG., JANUARY 9, 1992 - PAGE 14 to separate the two entrances to the buildings and move the garden center closer to Sam's Club. Mr. Dacy stated staff believes that the plans submitted by Wal-Mart do fulfill the requirements of the original development agreements. MOTION by Mr. Meyer, seconded by Ms. Schnabel, that the plans as submitted by BRW, Inc., for the proposed Wal-Mart store do fulfill the intentions of the original development agreements with Vantage Properties, Inc., and are acceptable to the HRA. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. APPROVAL OF RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY: MOTION by Ms. Schnabel, seconded by Mr. Meyer, to approve Resolution No. HRA 2-1992, "Resolution Designating Official Depositories for the Fridley Housing and Redevelopment Authority". IIPON A DOICE VOTE, ALL VOTING AYE, CHAIRPERBON COMMERS DECLARED THE MOTION CARRIED ONANIMOIISLY. ,�.� 5. CLAIMS AND EXPENSES: a. Check Register (2186-2189) MOTION by Mr. McFarland, seconded by Ms. Schnabel, to approve the check register dated January 3, 1992. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED T$E MOTION CARRIED IINANIMOIISLY. 6. RICE PLAZA UPDATE: This is an update on Rice Plaza 1991 rent for informational purposes only. 7. DI�CUSS TIF POLICIES: Ms. Dacy stated the Council asked staff to prepare TIF policies prior to proposing additional modifications to the redevelopment plan and creation of tax increment districts. Her memo dated December 6, 1991, identifies three major issues the City Council asked staff to follow up on after the TIF policies were presented to the Council on November 25, 1991. Staff will be presenting that follow-up information to the Council on January 13, 1992. Ms. Dacy stated the first part of the TIF policies is a list of ^ definitions. Two the key definitions are "Cost" versus "Subsidy". There is a difference between redevelopment cost and subsidy or HOIIBINa & REDEVELOPMENT AIITHORITY MTG.. JANIIARY 9, 1992 - PAGE 15 /"� assistance they give to a project. They also talked about the difference between a redevelopment project and an economic development project. Ms. Dacy stated the meat of the TIF policy issues is on agenda page 7-C beginning with the General Guidelines. She stated the TIF policies put together are guidelines; they .are not identified goals. It was an attempt to have both bodies operating off the same list of policies. Ms. Dacy stated one of the most important issues the Council asked staff to evaluate pertains to the percent cap issue of the total amount of tax capacity that is captured. Policy G under the General Guidelines states: "The captured tax capacity shall not exceed 15� of the total tax capacity." Comments from the Council and the HRA Chairperson Commers were that they do not want to limit the HRA's flexibility in completing projects such as Lake Pointe or Southwest Quadrant. The Council asked staff to prepare some additional information on what 15% really means: Currently, about 11� is now captured in tax capacity. More appropriately, the policy statement should probably be amended to state that if the tax capacity does approach 15%, both the HRA and City Council re- evaluate where they stand in terms of priority projects. ,-�� Mr. Casserly stated no one knows if 15% is the right number. He believed the idea is to have some mechanism whereby the HRA is forced to review its projects. Mr. Commers stated he had no objection to a review, but he still questioned why there should be a specific number. For example, if they are able to put together a development on the Lake Pointe site, he could foresee where this criteria would possibly exceed that 15� cap. Mr. Casserly stated that is certainly true. The numbers are only illustrative. Ms. Dacy stated the Council is getting calls from constituents who are concerned about the amount of tax capacity in the tax increment. As stated by Mr. Casserly, this was proposed as an initial guideline so the options are either to (1) rephrase the policy statement to give the Council and HRA more flexibility to evaluate it; or (2) not to state a number, but to say that on an annual basis, the HRA and Council will take stock of how much of the tax capacity is in the tax increment. Staff proposed the first option as a way to get started. � Mr. Casserly stated the more blighted a piece of property is and the more successful they are in turning it around, the higher the percentage is going to be. So, if the community has gotten very �'`� stable in its property valuations and is really involved in very active redevelopment, it may have a somewhat higher percentage. 80II8ING & REDEVSLOPMENT AIITHORITY MTG.. JANUARY 9, 1992 - PAGE 16 �� and may indicate success. The percentage itself is not necessarily good or bad, but it simply provides some mechanism to review where they are at. Mr. Burns stated the danger is it becomes an absolute. Mr. Commers asked if the concern is that there has been unworthy projects that should not have been done? Councilmeiaber Billings stated there are at least two councilmembers who are very concerned with the percentage of land that is in TIF districts. It is his personal position that they do not need to have any type of cap on it because the City has a very well qualified HRA and, in addition, they have the balance of having, by statute, the Council approving the districts. Councilmember Billings stated that in terms of the 15% figure, that is a figure that came up at the Council discussion on November 28, 1991. It appeared to him that the rest of the Council was willing to buy that 15% figure, but then he asked staff to go back and look at the City's current wish list; namely, Lake Pointe, Southwest Quadrant, and other projects, and see how they affect that 150. Councilmember Billings stated that when setting the date for the � November 28, 1991, Council meeting, he asked if the HRA was going to be involved in that meeting. Two councilmembers did not feel there was a need for the HRA to be involved in that meeting. He personally thought it was a perfect time to get the HRA and Council together to talk about this. This is not something that should be communicated from the HRA through the staff to Council and back and forth again. As the HRA might remember, he has been saying for the last four years that there should be more meetings with the HRA and Council together so they are not talking to each other through staff. Councilmember Jorgenson stated that she is the councilmember who asked staff to look into a cap, not only for the citizens of Fridley but also for Senator pon Frank and Representatives Wayne Simoneau and Alice Johnson. There is some concern over tax increment financing and how it is being utilized in the City of Fridley. There is a misrepresentation out there that communities have misused tax increment financing. No one is pointing a finger at Fridley and saying Fridley has misused TIF, and she did not believe they have. But, when there are three legislators telling the public that communities are misusing this tool and the public is calling the councilmembers asking why they keep having tax increment districts, the school districts are having troubles financially, and isn't the City putting more money aside through the HRA that the City may need to use before these districts expire, that is why she asked staff to put together some guidelines ��"1 using the realization that there are projects out there the City wants to see done. She just wants the City and the HRA to be more r'1 �—,, HOOSING & REDEVELOPMENT AIITHORITY MTG., JANIIARY 9, 1992 - PAGE 17 careful so they can realize the dreams they �have for the City without putting so much into other projects that they cannot totally realize those dreams. Mr. Commers stated it might be helpful to invite Senator pon Frank to one of the HRA meetings to discuss this. Mr. Commers stated that in the 1992 HRA budget, there is a refund to the school districts of approximately $370,000, which he would venture to guess is probably one of the highest in the State of Minnesota. Councilmember Jorgenson stated there is a lot of apathy out there and just a general misconception of tax increment financing and how it is being used. Mr. Commers asked if it would be helpful for the HRA to try to provide some kind of informational meetings or mailings to the public to help clear up some if this misunderstandings. Councilmember Jorgenson stated it might be worthwhile, but she did not know how to correct the misconceptions out there. The three legislators share these views and pass them on to their constituents. Ms. Schnabel agreed with Mr. Commers that it might behoove the City and the HRA to meet with the legislators to try to find some common ground of understanding. Ms. Schnabel stated what makes her a little nervous about a 15% cap is if they would suddenly get a windfall and be able to develop some of these projects they want to get developed, then they are reacting to something. Then they suddenly have to take a look at this figure and maybe this figure will put some clamps on them that is not in their best interest at the time. That is part of the danger of setting these kinds of figures. She is not opposed to the review part, but it makes her nervous to think that if they do get the opportunity to be able to get a development going, they have to scramble to get the number changed for that project. That then does look manipulative. Mr. Meyer stated he did not see them reacting to either the Council or the legislators since the HRA's hands are clean. He did not see any reason to go with a recommended cap or any cap, but the HRA should explain its position and that the HRA•feels it is behaving responsibly. Mr. McFarland stated he is in favor of policies. It is important to have a good understanding between the HRA and City Council. The policies have to be realistic but shouldn't be unduly '"� restrictive. HOIISING & REDEVELOPMLNT AIITHORITY MTG., JANUARY 9, 1992 - PAGE 18 �� Ms. Schnabel stated she believed the HRA has been very conservative in their decisions. She agreed with Mr. McFarland about policies and that they are important, but the cap is what she is concerned about. Mr. Commers asked what precipitates Councilmember Jorgenson's concerns about the caps on the redevelopment costs if the HRA was to take some money from one district and use it in another district. Did she really want to say that the HRA can only borrow "x" amount of dollars from one district to use in another district? Councilmember Jorgenson stated that was not her general intent. Another argument heard from the Tax Committee is that they are bleeding from one TIF district into another trying to make projects work. She talked to Senator Frank about the possibility of allowing the City greater variance in using monies from one district to another for housing development and rehab, and he seemed to be rather receptive to that idea. Then, he comes up with the other comment that they should not take money from one district to make another district go. Mr. Commers stated he did not believe the HRA has any real objections to the basic guidelines and criteria. Basically, they have tried to get a consensus of the Council before they have done ,� any big projects. Councilmember Billings suggested a compromise on the cap, to change the language to read that the cap will be 15% for 1992 and this number shall be reviewed annually by the HRA and Council. Mr. Burns stated staff is also very concerned about the 1250 maximum cap for industrial and commercial/office redevelopment projects and 150� for housing redevelopment projects. Mr. Commers stated the matrix with the economic development caps should be discussed also. He suggested that the HRA and Council discuss this further at a joint session. Mr. Burns stated staff will work on these guidelines and will try to come back with something more acceptable to the HRA and Council. 8. HRA BUDGET• Mr. Commers stated the 1992 HRA budget was discussed prior to this reqular meeting and will be discussed again at the February 13, 1992, HRA meeting. r"� HOUBING & REDEVELOPMLNT AIITHORITY MTG., JANIIARY 9, 1992 - PAGE 19 �,.'"`� ADJOURNMENT• MOTION by Mr. McFarland, seconded by Mr. Meyer, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Commers declared the January 9, 1992, Housing and Redevelopment Authority meeting adjourned at 10:30 p.m. Res ectfully s mitted, Ly e Saba Recording Secretary ,� �