HRA 03/09/1995 - 6286HOUSING & REDEVELOPMENT AUTHORITY MEETING
THURSDAY, MARCH 9, 1995
7:30 P.M.
PUBLIC COPY
CITY OF FRIDLEY
A G E N D A
HOUSING & REDEVELOPMENT AUTHORITY MEETING
THURSDAY, MARCH 9, 1995 7:30 P.M.
Location: Council Chambers
Fridley Municipal Center
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES: February 9, 1995
CONSENT AGENDA:
AUTHORIZE 1995 HOME FUND APPLICATION TO . . . . . . . 1 - 1B
ANOKA COUNTY AND AUTHORIZE HRA MATCHING
FUNDS
CONSIDER ACQUISITION OF THREE SCATTERED -. . . . . . . 2 - 2C
SITE PROPERTIES:
6200 - 2ND STREET
540 HUGO STREET
533 JANESVILLE STREET
CONSIDER APPROVAL OF RESOLUTION AND . . . . . . . . . 3 - 3R
MEMORANDUM OF UNDERSTANDING WITH NORTHEAST
STATE BANK TO PARTICIPATE IN MHFA / FRIDLEY
HOME IMPROVEMENT PROGRAM
CONSIDER ACQUISITION OF ANOKA COUNTY. . . . . . . . . 4 - 4B
PROPERTY AT 6765 EAST RIVER ROAD
MONTHLY HOUSING REPORT . . . . . . . . . . . . . . . . 5 - 5A
REVENUE AND EXPENSES . . . . . . . . . . . . . . . . . 6 - 6B
ACTION ITEMS•
CONSIDER AWARD OF BIDS FOR SCATTERED -SITE . . . . . . 7 - 7A
PROPERTIES
CONSIDER RESOLUTION AUTHORIZING HOUSING . . . . . . . 8 - 8B
REPLACEMENT PLAN LEGISLATION
CONSIDER APPROVAL OF 1995 HRA BUDGET. . . . . . . . . 9 - 9B
(PLEASE BRING BUDGET BOOKLET FROM FEBRUARY
PACKET)
INFORMATION ITEMS:
NONE.
OTHER BUSINESS:
ADJOURNMENT
CITY OF FRIDLEY
HOUSING & REDEVELOPMENT AUTHORITY MEETING, FEBRUARY 9, 1995
CALL TO ORDER:
Chairperson Commers called the February 9, 1995, Housing and
Redevelopment Authority meeting to order at 7:35 p.m.
ROLL CALL:
Members Present: Larry Commers, Virginia Schnabel, Jim
McFarland
Members Absent: John Meyer, Duane Prairie
Others Present: William Burns, Executive Director
Barbara Dacy, Community Development Director
Jim Casserly, Financial Consultant
Grant Fernelius, Housing Coordinator
Craig Ellestad, Accountant
James Hoeft, HRA Attorney
Lee Arman, 8125 Riverview Drive
Peggy Brown, 170 Liberty Street N.E.
APPROVAL OF JANUARY 12 1995 HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. McFarland, seconded by Ms. Schnabel, to approve the
January 12, 1995, Housing & Redevelopment Authority minutes as
written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA:
Mr. Commers requested that discussion of the 1995 HRA Budget be
held at the March meeting.
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to approved the
agenda as amended.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA:
1. RESOLUTION TO APPROVE A LOAN FOR DAVID STEWART, MOORE LAKE
APARTMENTS
Mr. McFarland asked if Commission members can assume their concerns
have been addressed when it comes to final approval.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 2
Ms. Schnabel also expressed concern. There was lengthy discussion
in the August 1994 minutes, and she was not sure those items had
been addressed concerning the Moore Lake Apartments. She was not
at the August meeting. The concerns were expressed by Mr.
McFarland, Mr. Meyer, and Mr. Commers. If they are comfortable,
she has no problem with approval.
Ms. Dacy stated it was her understanding of the discussion that
there will be a guarantee provided by the owner. Mr. Casserly has
assured her this will be done and the resolution provides for a
guarantee and enforces that.
Mr. Commers stated the Resolution, Section 3, Paragraph 3.01,
states, "Upon execution and delivery by the Redeveloper to the
Authority of a note, mortgage, and guarantee in a form satisfactory
to the Officers." Who are the officers?
Mr. Casserly stated the officers are the Executive Director and the
Chairman of the HRA. This is a very simple document and provides
a guarantee.
2. RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
3. REVENUE AND EXPENSES
4. MONTHLY HOUSING REPORT
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to approve a
Resolution Authorizing a Loan and the Delivery of Funds By and
Between the Housing an Redevelopment Authority In and For the City
of Fridley and 5701 General Partnership; to approve a Resolution
Designating Official Depositories for the Fridley Housing and
Redevelopment Authority; to approve check register #25399 through
#25433 as submitted; and to approve the Monthly Housing Report as
submitted.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Schnabel stated the question was raised regarding the Moore
Lake Apartments that we should look into establishing a set of
rules in the event a similar situation should arise in the future.
Ms. Dacy stated staff will develop those types of guidelines when
discussing programs for the Hyde Park area and will submit them to
the HRA for review.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 3
ACTION ITEMS•
5. PUBLIC HEARING ON SALE OF SCATTERED SITE ACQUISITION LOTS:
187 Longfellow Street
6409 East River Road
8280 East River Road
677 Hugo Street
539 Glencoe Street
547 Glencoe Street
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M.
Mr. Commers stated the above listed properties are to be sold. The
two properties located at 539 Glencoe and 547 Glencoe are to be
sold as one buildable lot. The sites have been cleared of any
structures. The HRA is proposing that only new single family homes
be constructed. The lots are to be sold to the highest, most
responsible bidder on a sealed bid basis. Bids will be accepted
during mid - February to early -March and will be reviewed by the HRA
at the March 9, 1995, meeting. The successful bidder will have 45
days to enter into a Sale and Development Agreement with the HRA or
'forfeit their earnest money. A summary of the bid package and the
development agreement has been provided previously. After
execution of the agreements, the HRA and bidder(s) would close on
the property and convey title. At closing, the HRA would provide
a quit claim deed to the buyer in exchange for a mortgage on the
property. The mortgage would be in the amount of the lot purchase
price due within 90 to 120 days. During that time, the buyer would
submit plans and drawings to the HRA for review and approval.
After approval, the buyer would proceed with construction after
obtaining all building permits, etc.
Mr. Fernelius stated the lots were acquired through the scattered
site program and will now be sold. Before selling those lots,
State statutes require there be a public hearing which is being
held at this time. He reviewed the format for the public hearing.
Mr. Fernelius provided the background for the scattered site
program which began last year. The purpose is to acquire and
remove substandard and dilapidated housing which is considered a
neighborhood blight. By doing this, they provide an opportunity to
construct new homes, improve the neighborhood in appearance and
property values, and hopefully encourage surrounding homeowners to
make improvements to their property. This is a voluntary program
so the HRA must come to an agreement with the property owner to
acquire the property. The plan is to sell those lots which are
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 4
considered buildable to potential home builders. Eight parcels
were acquired and six parcels are being sold (the two parcels on
Glencoe Street are to be combined into one buildable lot).
Mr. Fernelius stated design guidelines have been established for
the builders to follow. They are recommending that new, single
family homes be constructed on the sites with a minimum of two
bedrooms with a third bedroom desirable, one bathroom plus a 1/2
bath roughed in or preferably two bathrooms. In addition, the
homes must have a two -car garage, either attached or detached. It
is desirable that the homes have low maintenance siding. Other
criteria include that the new homes fit in with the existing
neighborhood as much as possible and the front and side yards be
landscaped. All construction must comply with current building
codes. The HRA would then have the ability to approve the building
plans before a permit would be issued.
Mr. Fernelius stated the properties would be sold to the highest
bidder contingent upon the buyer entering into a development
contract with the HRA. If the buyer refuses, the HRA would retain
the earnest money and could proceed with another buyer. The buyer
would have to build a home according to the design guidelines,
provide a letter of credit and a provide mortgage to the HRA for
the land. The HRA would approve the plans in May, and construction
could hopefully start in June with a completion date in September.
Mr. Commers asked if that time frame and design criteria were
included in the bid package.
Mr. Fernelius stated yes. Also included in the bid package are the
bidding procedures, a process that is outlined in terms of what the
buyer must comply with, what the buyer must provide, information on
the lot size, zoning, utility services, etc. The bid package will
also include a copy of the sale and development agreement, a sample
letter of credit, a sample mortgage, and a sample note.
Mr. Commers asked if the forms were simple to fill out.
Mr. Fernelius stated that only one form on one page needs to be
submitted.
Mr. Commers opened the meeting to public comment.
Ms. Brown stated she lived next to the parcel located at 187
Longfellow Street. She asked if there was any control on the buyer
not building a rental property?
Mr. Fernelius stated this can be controlled to the extend that the
buyer is building a single family home. If the home is sold to a
home buyer who later decides to rent the property, we have no
control over that just as we have no control over any other single
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 5_
family homes. The HRA's intent is for the buyer to construct a
single family home.
Mr. Commers asked if the mortgage requires the owner to live in the.
home.
Mr. McFarland stated he did not think so. It is difficult today to
make it worthwhile to have a new single family home as a rental
unit.
Ms. Brown expressed concern about drainage. Due to people redoing
things on their property, the land has gotten built up. The
backyards were originally a drainage area. The landscaping in the
neighboring houses has filled this up. She has a problem in the
spring, before the frost -line goes out, with water melting and
collecting, and they have a lake in the back yard. Once the frost
is out of the ground, the water drains. How can she go about
having the City come out and check the drainage? Would this be an
opportune time to have the City check this to see if something can
be done and make sure the landscaping on the vacant is done
appropriately?
Ms. Dacy stated the City could have engineering staff evaluate the
site and address the situation. She recommended staff contact her
in the spring to get more information so staff are sure to
understand the problem and point this out to the buyer of the
property.
Ms. Brown asked if there was any way they can be assured that
something can be done.
Ms. Dacy asked Ms. Brown to call staff at any time after the home
goes up.
Ms. Brown asked to clarify if she should call before the home goes
up or after.
Ms. Dacy stated it would be advantageous to have staff go out prior
to conveying the lot to make the potential buyer aware of the
situation and again review it when then the specific site plan is
submitted.
Ms. Brown stated, over the years, people have put up garages and /or
remodelled, placed the remaining soil in other parts of their yard
and landscaped which has changed the drainage. Her property is to
the north of the vacant parcel and the problem occurs in the
southeast corner of her property. The properties in that area are
offset.
Mr. Commers asked if there was a drainage ditch in the back.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 6
Ms. Brown stated this was originally an alley but this has not been
used as an alley since they moved into the property. They put up
a fence which is one -foot on their side of the center of the alley.
People on both sides use that one foot. Whoever buys the property
may question that. There is a drain on Ashton Street.
Mr. Commers stated the drainage would have to be looked at when
placing a house and before doing any actual site work and site
preparation. He recommended Ms. Brown call staff so they are
alerted and also to call if she notices anyone moving dirt on the
site.
Mr. Arman stated his property adjoins the lots on Glencoe Street.
He came because he was interested in the plans to build but he
understands that this is not a buildable lot. He asked if there
were lots that will never be built on.
Mr. Fernelius stated the lot in question is 683 Glencoe. This is
one of two properties currently considered non - buildable. In a
different location, they are considering acquiring adjacent
properties in order to combine the parcels into a buildable lot.
This lot should remain vacant for the near term.
Mr. Arman stated there is an area near this lot which is a park.
There is also a neighbor doing a major renovation.
Mr. Commers stated that perhaps the landowner might be interested
in the lot to add to his property.
Mr. Arman asked if there would be minimum bids.
Mr. Fernelius stated the bids would be presented at the March
meetings. The HRA will decide at that time -what is or is not
acceptable.
Mr. McFarland stated there is no minimum bid, but the HRA reserves
the right to reject a bid.
Mr. Arman stated the lot he is concerned about is considered non -
buildable at this time. For the other lots that are buildable,
would consideration be given to adjacent property owners to
purchase and not build.
Mr. Fernelius stated the intent of the program is to have a new
home constructed.
Mr. Arman stated the schedule seemed aggressive. He thought it was
a wonderful thing that is being done. As one that has property in
the neighborhood, this property was vacant and in disrepair. Many
people think this is a good program.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 7
Mr. McFarland stated lot #6 is non - buildable. Will the HRA
consider those neighbors who might have an interest in the
property?
Mr. Fernelius stated staff had not developed a recommendation. The
plan is to sell the buildable lots first and then consider what to
do with the other properties. He would make a recommendation in
the future.
Ms. Dacy stated this will occur fairly quickly to minimize the on-
going costs. A logical option is to approach adjacent property
owners. Staff must consider the process that this would entail.
Mr. Commers asked if there was some other viable option.
Mr. Fernelius stated the down side to keeping the properties is the
cost of maintaining. There is the possibility of land banking.
The logical option would be to sell to an adjacent property owner.
Staff needs to spend more time on this.
Ms. Brown asked if it would be advantageous to have landowners on
them for the tax revenues.
Ms. Dacy stated yes.
Mr. Commers stated that makes sense. Staff are looking at it. It
sounds as if it may be one of those things the HRA may do.
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M.
Ms. Schnabel stated there are no minimum bids established. Are
there any guidelines in terms of the dollar amount of the bids? Is
what was paid for the lots relevant in terms of the bids?
Mr. Hoeft stated the process is a sealed bid and the bidder knows
the bid will go to the highest bidder. If there is not the desire
for the lots and the bids are not what staff and the HRA think the
property is worth, the bids can be rejected.
Ms. Schnabel stated she is trying to get a handle on just what the
property is worth.
Mr. Fernelius stated a value has been assigned as part of the
appraisal for the land. This could be used as a reference point as
far as whether a bid is acceptable.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 8
Mr. Commers asked what the HRA could use as a basis. How do they
know whether to sell a lot for the bid price or not sell?
Mr. McFarland asked, if a bid is rejected, do we have to rebid.
Mr. Hoeft stated, as far as the value of the land, different people
will give different values. Because of the nature of the program,
if for example the best bid is $3,000, the land is obviously worth
more. The question is do you want to go forward on the value of
the best bid that you get in order to get single family homes on
the property knowing it is unlikely the HRA would get back out what
has been put in. Staff can provide some guidance on that. There
is a land value and appraisal report. The HRA can also, from their
general real estate knowledge of the area, estimate a buildable lot
would generally sell for x dollars. Staff will provide as much
guidance as possible. We can look to the County to determine the
value for tax purposes, which provides a point of reference.
Mr. Commers asked if the County determines a value of the land only
for tax purposes? Does the assessor assign a value?
Ms. Dacy stated the County determines a value for tax purposes.
She did not know if the assessor assigned a value and would check
with their office to see.
Mr. Casserly stated, in theory, the land value should be the same.
Mr. Hoeft stated, if there is an improvement on the property, the
County has the land value and the building value. With the
buildings gone, the County would take off the building value to see
what the land is worth.
Mr. Casserly stated the values are divided on the assessor's card
but not on the tax statements. In this first round of bids, this
is by far the best way to see what the results are going to be.
The reason the HRA may want to experiment is because they may
conclude it is better to take a reduced value for the land and have
that put into structure. You may decide to give the lots away to
the person who will build the most expensive structure. He is
working with the House and Senate staff trying to design a housing
replacement program with the state legislature. The goal of the
program is to take parcels with substandard homes and replace them
with as high value homes as is possible. They are trying to create
a mini -tax increment district. In order to capture the value, the
HRA may decide in the future that it is worth more to have more
value in the homes.
Mr. Commers stated the problem he sees is that someone would come
in bidding on the land and are not necessarily be committed to
doing anything on the building. How do we get a commitment up
front?
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 9
Mr. Hoeft stated the present procedure requires that. The bidders
are aware this is based on subsequent specifications for the home.
Ms. Schnabel asked if the HRA can establish a minimum price home to
be built on the properties.
Mr. Hoeft stated the HRA could, but the guidelines in place will
dictate a certain value of home in and of itself. The HRA has the
sole discretion. This is weighted on the HRA's side to approve or
not approve the proposed plan. The HRA will see the plans as they
come in and will know from looking at the plans the value the homes
will have. If the plan does not carry the value or has features
that are not in line with the requirements, the HRA can discuss
that with the builder to resolve. The guidelines will bring us to
a value which will be comparable to existing properties.
Ms. Schnabel stated, if someone is bidding a minimal amount for the
lot, are you sure the builder will put up a quality home. The
residents are relieved to see the substandard buildings removed,
but they also do not want the same type of situation on their hands
in the future.
Mr. Hoeft stated the assurance the HRA has is that they are have
the sole discretion to approve or reject the building plans
presented. If someone comes in with a 900 square foot house, you
can indicate this is not the type of home you had anticipated and
the builder would have to redesign to your satisfaction. That is
the control.
Mr. Commers stated that perhaps the HRA would be better off getting
a builder and giving them the lots for a price if they agreed to
build a specific priced house.
Mr. Fernelius stated staff had considered this option. Staff
thought it would be a better process to see how the market would
value those properties. It is a first step in a program that can
be changed in the future.
Ms. Schnabel asked how the lots are being advertised.
Mr. Fernelius stated an ad would be placed in the Focus. Probably
an ad would be place in the Builders' Exchange. Staff will contact
directly those people who have contacted the City in the past as
well as builders who have constructed homes in Fridley.
6. RESOLUTION AUTHORIZING EXPANSION OF REDEVELOPMENT PROJECT AREA
NO. 1 AND CREATION OF TAX INCREMENT DISTRICT NO. 13
Mr. Casserly stated the expansion of the redevelopment area puts
the HRA in a position to capture an increased value.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 10
Mr. Commers asked, by creating this, does that subsequently create
a downside for any other tax situation for the City.
Mr. Casserly stated it does impact the local government act because
this is a redevelopment district. The impact will be about 15
years out before there is a detrimental effect to the City. They
are not going any further than that. They can decertify before the
net effect of the impact is detrimental to the City. This is
something they will have to watch.
MOTION by Mr. McFarland, seconded by Ms. Schnabel, to approve the
Resolution Modifying the Redevelopment Plan for Redevelopment
Project No. 1 to Reflect Increased Project Costs and Increased
Geographic Area Within Redevelopment Project No. 1, Modifying the
Tax Increment Financing Plans for Tax Increment Financing Districts
No. 1 Through No. 12 to Reflect Increased Project Costs and
Increased Geographic Area Within Redevelopment Project No. 1, and
Creating Tax Increment Financing District No. 13 and Adopting a Tax
Increment Financing Plan Relating Thereto.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Commers stated the last page of this agenda section is a
modified schedule of expenses and he asked for additional
information on the figures.
Ms. Dacy stated this is what she was referring to in her cover
memo. Some of these costs have been expended to provide the HRA
with maximum flexibility for this project in the event other issues
occur with the district.
Mr. Casserly stated the HRA does not have before them a very
substantial program document. This page is an insert into that
document. This is increasing the eligible amount of costs for
which you can use funds. Each time the document is amended, it is
very expensive. The increases being generated do not come close to
covering these costs. These costs are generous but they cannot be
exceeded.
Mr. Commers stated, when looking at the figures, he thought some
items would be more expensive than proposed.
Mr. Casserly stated the numbers can be moved around within the
contract. Listed are general categories. The HRA must approve
all expansion items. There could be additional amounts. There is
a contingency of $200,000. Out of that, they could use the entire
amount for relocation.
Mr. Commers stated he understood it would be fairly simple to set
up a budget and track it on a monthly basis.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 11
Mr. Ellestad stated staff have a fund number designated for the
Southwest Quadrant. They can also set up a project code.
Ms. Schnabel stated she had asked this of Mr. Pribyl previously,
and he indicated this would be very easy.
Ms. Dacy stated staff had provided copies of the list of expenses
which will be a part of the budget. They have taken some of the
expenses already paid and some which have not been paid. They will
use these costs to keep track of how contracts come in, etc. All
of these costs are wrapped into the budget document in the
appropriate slots. The one question that staff do not have much
information on is the Fast Lube site across the street and the
associated expenses. Mr. Burns has been working on this.
Mr. Commers stated this is the HRA's first big project. Some money
will be coming out of the general fund and will not be reimbursed.
It would be nice, as far as the format is concerned, have a budget
with columns showing the budgeted amount, monthly expenditures and
year -to -date expenditures. It is still okay to make shifts between
the categories.
Mr. Commers asked Mr. Burns for additional information on the Fast
Lube site.
Mr. Burns stated this is a best guess on what the remediation plan
would cost. If the environmental study goes normally, they could
be faced with these costs. Later in the meeting, staff will be
requesting $11,500 for a remediation investigation. If the amount
of petroleum found in the groundwater is infinitesimal, the MPCA
may say we do not need to go any further so there would be no
additional expense._ However, if the amount found goes beyond
acceptable levels, then there will be expenses for drilling
monitoring wells and analysis estimated to be about $15,000. He
estimated for budget purposes $20,000. It is also likely the City
would be asked to excavate contaminated soil from the area where
the tanks were located. The soil is incinerated and then disposed.
This cost is estimated to be $20,000. The total could be $51,500.
These are tentative numbers. There is no guarantee that these are
typical. 90% of the costs should be reimbursed by the petrol fund.
Mr. Commers stated this was not in the budget, but it is not
significant.
Ms. Dacy stated the remedial plan is accounted for on the list.
Not accounted for is the drilling, monitoring, and /or excavation.
Ms. Schnabel stated, if 90% is reimbursed, it will probably be a
minimal cost to the HRA.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 12
Mr. Burns stated, at some point, Ms. Dacy is taking quotes from one
other consultant. Staff believe the costs should not exceed
$11,500 as proposed. Staff is requesting the authority to spend
this amount for a remedial investigation.
Mr. Commers asked if the Phase 2 had been completed.
Ms. Dacy stated this was held up based on the negotiations with the
Suhs. A good portion of the Phase 2 audit was completed because
the City owned.the fast food property. They have not been able to
gain access to the Suh property and able to complete the remainder
of the audit.
Mr. Burns stated the remainder of the audit is that which must be
done inside the building. They could not gain access to the
interior of the building for a while, but now can.
Mr. Commers asked if there was any testing underground.
Mr. Burns stated there was not other than the tanks. There was a
fuel oil tank there, and there is some leakage associated with that
around the area. It does not look like a serious problem.
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to authorize
staff to expend $11,500 to start the process of a remedial
investigation.
Mr. McFarland asked if the Fast Lube site was purchased from a
major petroleum company.
Ms. Dacy stated the site was purchased in 1981 from Amoco Oil.
Mr. McFarland asked if they had signed anything regarding liability
on the property.
Ms. Dacy stated she was not sure and that she would check.
Mr. Commers stated he would doubt it. This was not an issue at
that time.
Mr. Hoeft stated it appears that we can be reimbursed for 90% of
the remediation costs from the petrol fund. If that is the case,
it may be money better spent focusing time getting the
reimbursement from the fund rather than taking some type of action
from Amoco.
Mr. McFarland stated they could write a letter to Amoco putting
them on notice. The only cost is a stamp.
Mr. Commers thought this was something staff should consider. He
did not see a down side to that.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE _13
There being no further discussion, Mr. Commers called for a vote.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. RESOLUTION CONDEMNING APARTMENT PROPERTIES LOCATED AT 155 TO
175 SATELLITE LANE 195 SATELLITE LANE, 211 SATELLITE LANE,
AND 221 SATELLITE LANE
Mr. Commers asked if the resolution would authorize a quick take or
a general condemnation.
Mr. Hoeft stated the fifth paragraph refers to a quick take.
Mr. Commers stated the only issue with that is the fact being that
we would have the property but with no development contract.
Mr. Burns stated this was correct. However, he thought
negotiations with the redeveloper had gone smoothly so far.
Reports are that they have made great progress with the redeveloper
and do not expect serious problems.
Mr. Casserly stated there are other problems that could arise that
we have no control over, such as a major change in the density with
which the developer may not be comfortable. There are problems
that need to be sorted out as we go. Discussed at the last meeting
was an agreement for exclusive negotiations. This lays out a
format so each party would need to do certain things. Even with an
agreement, there was no guarantee that Rottlund would enter into a
development agreement. The conversations we have had with them
have been nothing but positive. There has been nothing to suggest
we will not have an agreement. From that perspective, it seems
reasonable.
Mr. Commers that the only issue to him is that the HRA is at some
risk. What will the ultimate dollar amount be with what has
already been spent? This would be $4 million and $2 million has
already been invested for a total of $6 million. Does that include
the loan from the City? How is the $1.5 million loan being funded?
How will they get their money back?
Ms. Dacy stated the loan would be paid back through tax increment
funds.
Mr. Commers asked if this meant the HRA would have a net into the
project of $4.5 million which will not be recaptured?
Ms. Dacy stated they had talked about a net of $2.4 million
exclusive to what was in the project prior to this year. The HRA
will receive $1 million from the land sales.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 14
Mr. Casserly stated the tax increment would be used to repay the
City loan.
Mr. Commers stated, if the HRA has $6 million in the project, and
out of that $1.5 is a City loan for which they are reimbursed. It
is a loan and the City gets it back from the tax increment. That
reduces the amount down to $4.5 minus $1 million from the land
sales which reduces the risk to $3.5 million as a write off.
Mr. Burns stated he thought that $4.2 million was estimated for the
cost of this project. If $1.6 million is received from TIF and $1
million for the land, there is a net cost of $1.6 million. Add to
that to the $2.5 million already in the project.
Mr. Casserly stated he would like to describe what is going on in
the legislature as it pertains to what the HRA is doing. The house
has introduced legislation, HF #147. The impact of this
legislation is to allow the use of tax increment to repay debt on
third party contracts. If the legislation were to pass, it would
have a serious impact on this Authority. He mentions this because
there are a number of people around the state wondering if they
should proceed with projects. The legislation contains retroactive
language to February 1 of this year. It is very unusual to do
this. The immediate effect was to stop bonding. This HRA is not
involved in issuing debt. The real impact could put us in a
position where, if this were to pass, the HRA would not have the
increment to repay the City. Since this legislation has been
introduced, people are taking it seriously. He is suggesting that
people conduct business as they normally would.
Mr. Commers asked in what way would the HRA finance.
Mr. Casserly that the HRA would fund out of the fund balances on
hand.
Mr. Commers asked if the legislation would impact the HRA's ability
to do that. They are not going to do any bonding. Everything is
internal. It seems the solution is to get the City to put in their
role to the HRA that, if it becomes impossible for the HRA to repay
the loan, the City will not be repaid.
Mr. Casserly stated this would be true anyway because the repayment
is from eligible revenues. If you cannot use revenues, you cannot
repay. He only raised this because the legislation puts the author
and others who are trying to reform the way you use the tax
increment in a better bargaining position. His concern is that
this could start pitting cities against each other.
Mr. Commers stated it sounds like there will be some changes that
this HRA might view as detrimental to the law.
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 15
Mr. Casserly stated there are some changes. In August, 1989, they
changed the definition of redevelopment. A number of suburbs
created large tax increment districts. Most of it was raw land.
They have now started to development this land and are generating
large amounts of increment. Because of the way the law was
written, the increment can only be spent on qualified expenses in
the project area. These suburbs are using the increments doing
special assessment projects, etc., normally paid for out of the
general fund. Those of us working on redevelopment do not see the
cash flow. The only source of revenue for doing projects is the
reserves established over the last 10 years. Most new projects
will have shortfalls. These are issues we are dealing with. They
think they can solve the issue by limiting the use of the tax
increment funds just for projects indicated. They hope to reach a
conclusion so they do not have the same discussion each year.
Mr. Commers asked if Mr. Casserly has any sense of what the HRA has
put into public improvements that would have otherwise come out of
the general fund.
Mr. Casserly stated he thought there had been very little.
Mr. Commers asked, if they must redo the Lake Pointe intersection,
is that something they are objecting to.
Mr. Casserly stated that is an acceptable expense and is a part of
the plan needed in order to make the plan workable. This is part
of a redevelopment project.
MOTION by Ms. Schnabel, seconded by Mr. McFarland to approve the
Resolution of the Board of the Housing & Redevelopment Authority of
Fridley, Minnesota, Authorizing the Acquisition of Certain Property
by an Eminent Domain Proceeding, contingent upon City Council
approval of expansion of the project area.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. APPROVE 1995 HRA BUDGET
Tabled until the March meeting.
INFORMATION ITEMS:
9. UPDATE ON NEIGHBORHOOD MEETING FOR SOUTHWEST QUADRANT
Ms. Dacy stated she, Mr. Fernelius and Mr. Burns attended the
meeting. Councilmember Billings facilitated the meeting. About
100 people attended of whom half were home owners and half were
tenants in the apartment buildings. Mr. Schnitker talked to the
tenants as a separate group about relocation. The article in the
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 16
Focus did a fairly good job of summarizing what happened at that
meeting. She and Councilmember Billings made a presentation about
the history of the Southwest Quadrant and the efforts being made to
redevelopment the area. Overall, there were positive comments from
people in the area. Concerns did come up regarding traffic issues.
All in all, the meeting went very well and she believed the meeting
with the tenants also went well. Some tenants were upset that they
would have to move, but the comments were generally positive. The
public hearing was held on Monday night. Councilmember Billings
made it clear that a majority of the City Council supported the
creation of a tax increment district and supported the acquisition
of the apartments.
10. UPDATE ON LAKE POINTE MEETINGS
Ms. Dacy stated staff had been requested to recommend possible
sites for a fast food restaurant and a bank. Staff provided
information about available sites in the City. If the HRA has no
objections, staff will recommend several sites in the City.
Ms. Dacy stated there are some options with the Rapid Oil site.
Rapid Oil could stay and there may be some opportunity to build
around it or the HRA could consider acquisition of the Rapid Oil
building. Another site is the former "Gateway" site at the
northeast corner of 57th Avenue and University Avenue.
Mr. Commers asked if the Frank's Used Car site might be
appropriate.
Ms. Dacy stated staff are still in the process of negotiating
acquisition. The zoning dictates the property be used for a single
family detached home. To re- establish that use as a commercial
site would cause a zoning concern.
Ms. Schnabel asked if both parties are only interested in sites on
University Avenue.
Ms. Dacy stated Burger King is only interested in University Avenue
sites. Northeast State Bank may be more open to other sites. They
definitely want to be on the east side of the road.
11. UPDATE ON GRIFFIN REAL ESTATE PROPOSAL
Mr. Burns distributed a copy of his memo dated February 9, 1995,
regarding a meeting with Griffin Realty. He stated he had met with
Mr. Denny from Griffin Realty and Mr. Hoeg representing ULP, Inc.
Mr. Denny and Mr. Hoeg have been meeting with a user. This client
was privately owned for 22 years and is now publicly owned. They
have net sales of $69 million and have experienced a growth rate of
22% in the last year. Their customers include Carrier Air
Conditioning, Caterpillar, Frigidaire, Polaris and Whirlpool. They
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 17
have 341 full -time and part -time employees nationwide, the majority
employed in the Twin Cities. They like our location and most of
their employees are already in the neighborhood. The company has
a very clean balance sheet with no long -term debt. They are one of
four major players in their particular market area, which is a $5
billion per year business.
Mr. Burns stated Griffin Realty wants to build a 60,000 square foot
building with 40,000 square feet for this client and 20,000 square
feet for spec space. The client is willing to commit to a 10 -year
lease. The company has outgrown their lease commitment. They
would need 5 acres of land and visualize their development
occurring on the west portion of the site. They indicate they are
paying $90 to $100 in project costs.
Mr. Burns stated they would like to build a 1- story building.
There is some willingness to consider a 2 -story building but they
make the point that this would cost $12 per square foot more to
build. This would be a Class A building. Mr. Burns indicated the
Council and HRA preferred 100,000 square feet and a 3 -story
building. They thought the goal of a highrise in this location was
not realistic in today's market.
Mr. Burns asked them about financing. They indicated they use
their own resources. When asked when the client would need the
building, Mr. Denny and Mr. Hoeg stated their client has a short
term lease for 18 months. They envisioned starting construction in
June or July of this year. They have looked at other cities but
have a preference for this site. The total project costs would be
approximately $5.5 to $6 million.
Mr. Burns stated he ended the meeting indicating the differences
between what the City and HRA prefers and what they are proposing,
and hopes to close the gap.
Mr. Burns stated, after the meeting, he spoke with Merrill Busch
and William Tobin and provided a summary of their comments. Mr.
Busch stated these guys can deliver. What they are proposing
reflects the realities of the marketplace. Some of the people he
had talked to in depth had come to the same conclusions. They want
lower density, and Mr. Busch thinks that is a realistic assessment.
There are a number of prospects for headquarter buildings but in
most cases these will be 1 or 2 -story buildings barring some
exceptions. The broad general marketplace does not support the
high density that we had envisioned. There is not much support for
spec space. The higher they go the lower the quality of the
building because they must keep their lease costs within market
reach of their clients. He suggested we tour some of the buildings
that they are showing as examples. He also pointed out that MAPC,
another developer, is still strongly interested and are expected to
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 18
set up a meeting in the near future. In closing, Mr. Busch stated
that Mr. Denny is real and the project is sound.
Mr. Burns stated Mr. Tobin was not at the meeting. Mr. Burns
forwarded to him a write up of the meeting with some other
information. Mr. Tobin stated this is clearly something he would
pursue. He would push for a 3 -story building. He would insist
they stop playing games with the name of the client. That is
something the City should know soon. Once there is some initial
office development, it will be easier to get other offers. We may
expect to get higher density office space once an initial project
is underway. He disagrees with Mr. Bush and Mr. Denny in that
additional height does not necessarily add to the cost. There are
cost trade offs. There are less exterior walls, less roof, and
less land. We may want to take the additional cost of a 3 -story
building into consideration in incentives. Mr. Tobin is a well
respected real estate consultant.
Mr. Burns spoke with Mr. Casserly who said we ought to, if we are
going to make progress, depict something on the site. He had staff
come up with a reasonable design for a 60,000 square foot building
on this site. The developer stated they wanted a 60,000 square
foot building and would be willing to put in the first floor of a
two -level parking ramp. Assuming a second 60,000 square foot
building, Mr. Hickok came up with a proposed design to provide an
idea how such a project could be situated on a site using 5.25
acres. The total acres in this portion of the Lake Pointe site is
approximately 24 or 566,000 square feet. This proposal does
diminish the goal somewhat. This would assume all 2 -story
buildings throughout the site as well as a two -level parking ramp.
There is another 8 acres to the east that could be preserved for
hotel /conference, bank, and restaurant.
Mr. Burns recommends they continue to work with Griffin to close
the gap and strive for a 3 -story building. He is asking the HRA to
concur.
Ms. Schnabel stated this is a distribution company. Headquarters
would be primarily office. What is the secondary use?
Mr. Burns stated they needed to identify that use.
Mr. Commers stated this sounds very much like a warehouse
operation.
Mr. Casserly stated they need to know more about the use. There
are many combinations which would be acceptable. They are going
through this preliminary scenario to find out the worst case
scenario. If the entire area were designed with good quality 2-
story buildings with bilevel ramps, what would be the maximum
density? It may make sense to do just the first part to get
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 19
something going. There may be a 3 -story building constructed in
the future. The problem may have been that options were eliminated
by not considering proposals. If this project can be kept to the
west and we can figure out how to handle the parking, it may be an
enhancing opportunity.
Ms. Schnabel stated she thought the proposal was worth pursuing.
She is concerned that there is a 1 -story building and a bilevel
ramp. The visual effect would be all ramp.
Mr. Burns stated he would continue to push for a 2 -story building.
If the HRA is interested, he can arrange some tours.
Mr. Commers stated there is no harm is talking with them further.
60,000 square feet on 5 acres is too much to give up.
Mr. Casserly stated this is still very preliminary.
Mr. Commers stated the proposal does not meet any of the criteria
established. We need to get together to make sure we want to do
this. If we cannot get the criteria discussed in planning, then
this needs to be changed. This is a major change.
Mr. Burns stated he felt the people consulted were good people and
they have a good .feel for the real estate market. What we were
saying is does not ring true for today.
Mr. Casserly stated that is the issue. Two to three years ago we
were told we needed to think in terms of multi - purpose, high tech,
single story buildings because that is what the market would bear
at that time. The market is now starting to improve. People are
talking about building some offices. The only major deviation this
represents from what we discussed is, if you start with a two -story
building rather than 5 -story corporate headquarter in the center,
it is not that we cannot achieve the same goals. We are just doing
it the hard way because there is no easy way to do so. There are
issues to work out with parking. This may fit within the general
overall goals that we have, at least for starters. The general
consensus was to start at the west end. As you get closer to the
center, the visibility is greater and it may be that this is
reserved for the highest quality building. There is a host of
issues to sort out before being considered.
Ms. Schnabel asked what staff was asking of the HRA.
Mr. Burns stated he was asked for some sort of reading regarding
the proposal as it exists. Is there enough interest to continue to
pursue and refine? The suggestion for refinement is to push for a
3 -story building and, at a minimum, 2 -story building. If they
insist on 1- story, perhaps we should not continue.
HOUSING & REDEVELOPMENT AUTHORITY MTG FEBRUARY 9, 1995 PAGE 20
Ms. Schnabel stated she did not want to see warehousing.
Mr. Commers asked how much they were willing to pay for the land.
Mr. Casserly stated that is the crux of the problem. We are trying
to sort out, depending on the type of commitment, what we can get.
Mr. Commers stated, if they build a 3 -story building of good
quality, we may want to give the land.
Mr. Casserly stated the HRA could sell the land and provide the
parking or give the land and have them provide the parking. We do
not know until we have an interested party.
Mr. Commers stated it would be interesting to know what they could
do with the rest of the land.
Mr. Burns stated, if you use the site as suggested, you can use the
land as proposed and still have 440,000 square feet.
Mr. Commers asked how much would be left considering the parking.
Mr. Burns stated there would be approximately 19 acres remaining.
The total square feet is 566,000.. This project would use
approximately 120,000 square feet leaving approximately 440,000.
Mr. Commers asked if there was a way to projecting the tax
increment.
Mr. Casserly stated they can figure a tax increment by square foot.
A market value for tax purposes of $80 per square foot and a tax
rate of 5% equals $4 per square foot in taxes. This is close to
what we would expect for a good quality office building. Multiply
that by the number of square feet to be developed on the site to
get the approximate total. This does not consider commercial
development.
Mr. Commers asked if the City Council has looked at the proposal.
Mr. Burns stated he planned to show the City Council at their
meeting the following Monday.
Mr. Burns stated he had another Lake Pointe issue. An issue coming
up is the intersection. He was advised at a staff meeting that the
state is planning to do improvements along Highway 65. This
provides us an opportunity to do some safety and traffic related
signalization improvements at Highway 65 and Lake Pointe. They are
not consistent with the overall plan for the intersection. When
doing the main intersection project, we took those out so we lose
the $28,000 investment. The issue is, do we want to spend $28,000
now. The Public Works Department is saying it would be a good idea
if you are not going to improve the intersection in the next year
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 21
or two. A Councilmember suggested another alternative which is to
initiate the intersection improvement project this year.
Mr. Burns asked Mr. Pribyl to check on this and look at what would
happen to the investment program if the HRA tried to fund both the
Southwest Quadrant and the intersection project at the same time.
He felt we would have to take a loss on some investments.
Mr. Casserly stated the debt for this would be tax exempt.
Mr. Burns stated he would like to raise the issue at the City
Council meeting. This is an opportunity to correct some problems
in that area and the HRA must decide if they want to take advantage
of the opportunity. The City has had an increasing number of
complaints from citizens living on the east side of Highway 65,
especially from the Harstad development. People are complaining
about difficulty at the intersection of Hackman and Old Central and
Highway 65. He thought there was more support on the City Council
for doing something at that intersection.
Mr. Commers asked what the total costs would be for those
improvements.
Ms. Dacy stated they had budgeted $1.9 million in the year 2,000.
Mr. Commers stated this was a big number with no tax increment
generated.
Mr. Casserly stated they were hopeful that they would not have to
do that improvement until there was development to offset the
expense.
Mr. Commers stated he did not like to sell the investments at a
loss.
Mr. McFarland stated that is talk but, if that is the value of the
bonds today, then that is the value. You are taking a loss because
you are not getting the rate. The value is not there.
Mr. Casserly stated that is a particular area that you may wish to
do some tax exempt financing. The cost of financing may be less
than the investment return.
Mr. Commers asked if, theoretically, they would be better off doing
the project with the bonds. It may be better to get out and buy
different bonds.
Mr. McFarland thought this was worth consideration. You can see
what your loss is and see how much you can yield on a replacement
at today's rate. You may get a higher yield.
HOUSING & REDEVELOPMENT AUTHORITY MTG FEBRUARY 9 1995 PAGE 22
Mr. Ellestad stated the investments are very liquid. It does not
meet the objectives of the HRA itself.
Mr. Burns stated staff used 5% in the budget for interest rates.
Mr. Ellestad stated the interest is currently 5.7 %. Short term
interest rates are high.
Mr. Commers stated, if the cost if $1.9 million, he is inclined to
think it will hurt the HRA in terms of what we have to give up. He
requested staff do a financial analysis in terms of what
restrictions this will put on other programs.
Mr. Burns stated staff would prepare an analysis including the
current value of the intersection project and do some cash flow
analysis to help understand the impact the two projects will have
on future flexibility. We have shown the project out to the year
2,000. The big question is what happens to the cash flow if this
is moved up to 1995.
Mr. Commers stated it seems as if it will cost half again as much.
Mr. Casserly asked if the HRA would like to do the improvements
before necessary and how do you gauge when they are necessary.
Mr. Burns stated the definition of necessary becomes more clouded
by the demands from those on the other side of Highway 65.
Ms. Schnabel asked if the entire intersection was to be redesigned.
Ms. Dacy stated each leg of the intersection on the west side needs
to be realigned. The next leg is the additional left turn lanes to
go into the site. On the east leg, that is realigned as well.
They have to move the access to the frontage road to the east to
get traffic into the intersection in a better manner. This is
quite an extensive project.
Mr. Commers stated he did not think the east side was necessary for
the Lake Pointe project itself.
Ms. Dacy stated that was probably true for the Lake Pointe project
itself. It is the left turn lane into the project on the west side
that is directly related to the site. The east leg is a very poor
alignment. During the townhome proposal, residents said they could
not get through there.
Mr. McFarland stated that was not an HRA problem.
Mr. Burns stated it could be interpreted as an HRA problem. The
Harstad project on the other side of the road is generating tax
increment financing and is also generating some of the problem for
HOUSING & REDEVELOPMENT AUTHORITY MTG, FEBRUARY 9, 1995 PAGE 23
that intersection. Some of that TIF money could be used for that
project.
Mr. Commers asked how much tax increment is being generated.
Mr. Casserly estimated with 46 townhomes valued at $85,000 the tax
increment would be approximately $40,000 per year.
Mr. Commers requested more information in order to look at
alternatives for that project.
Mr. Commers stated, as far as Griffin is concerned, there is no
down side to talking with them. He asked Mr. Burns to see what he
could do. It may be that the HRA will not want to continue when
they know what the client does.
/W*0181900I210M
MOTION by Ms. Schnabel, seconded by Mr. McFarland, to adjourn the
meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED AND THE FEBRUARY 9, 1995, HOUSING AND REDEVELOPMENT
AUTHORITY MEETING ADJOURNED AT 9:50 P.M.
Respectfully submitted,
i
o kk)
Lavonn Cooper
Recording Secretary
i
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995 TO: William W. Burns, Executive Director of HRA /001
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Consider 1995 HOME Program Application
As in previous years, the HRA has had the opportunity to apply
for federal funds made available through Anoka County. These
funds are provided by the Department of Housing and Urban
Development under the Home Investments Partnerships Act (HOME
Program). The program must benefit low and moderate income
persons and the grantee (i.e. HRA) must provide matching funds
equal to 25% of the budget.
In 1993 and 1994, the City and HRA received a total of $140,000
in HOME funds which were used for housing rehabilitation. This
year, the County has received an allocation of $457,300 which is
open to all communities in the County on a competitive basis.
Applications are due by April 13, 1995 and funding decisions will
be made in May 1995. We should point out that matching funds
have been included in the 1995 HRA budget.
Staff recommends that the HRA authorize submission of an
application for $75,000 in 1995 HOME funds and further that the
HRA provide a match of up to $18,750 or 250 of the actual
allocation, whichever is less.
GF/
1
r «n:.
aT' COUNTY OF ANOKA
Urban Anoka County Community Development Block Grant
GOVERNMENT CENTER
2100 3rd Avenue • Anoka, Minnesota 55303 -2265 • (61 2) 323 -5709
February 21, 1995
Mr. Grant Fernelius, Housing Coordinator
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Re: 1995 HOME Program Applications
Dear Grant:
Anoka County will receive $457,326 of HOME funds for Fiscal Year 1995. You are invited
to submit an application for those funds to complete an eligible housing project. A copy of
the regulations is attached showing details on eligible projects and other program
requirements.
Please keep the following in mind as you consider applying for these funds:
Eligible Projects
Acquisition, rehabilitation, and construction that provides permanent or transitional
owner- occupied or rental housing that serves low income households. Limited
tenant assistance is also available. Any single family rehabilitation should target
neighborhoods. Any requests for general city -wide housing rehabilitation will have
low priority.
Income Limits
All households served must be at or below 80 percent of the median income in the
Minneapolis -St. Paul Area adjusted for family size ($40,200 for a family of four).
In addition, some types of projects such as tenant based rental assistance have
more requirements on income. Please check the attached regulations when
planning your projects.
Matching Requirements
Any applications must identify the source of a required match of 25 percent of the
amount of HOME funds provided for a project. The match funds must be
committed to the HOME program for an indeterminate period of time, which
eliminates equity or loans as sources of match. Match requirements are addressed
in detail in the attached regulations.
FAX: 323 -5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 323 -5289
Page 2.
Please call me at 323 -5709 with any questions. All applications are due on April 13, 1995.
A decision on funding recipients will be made in May.
AAO:sw
Enclosures
l w.
Sincerely,
Alyce A. Osborn
Community Development Manager
I _
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995
TO: William W. Burns, Executive Director of HRA
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Consider Purchase of Deteriorated Homes
Over the course of the last several months, staff has become
aware of several substandard homes which are good candidates for
the scattered site acquisition program. Two of the homes are
located in the Riverview Heights neighborhood and one is located
in Hyde Park. A summary of each parcel is provided.
6000 2nd St.
This is a single- family home located in the Hyde Park neighbor-
hood and is currently rented. A rental inspection was conducted
in January and several serious code violations were discovered
including, structural deficiencies, open sewers, electrical
hazards, and unsafe mechanical systems. In addition, the
property is considered non - conforming due to its small lot size,
inadequate setbacks and small dwelling size.
The property was appraised by John Dahl, McKinzie Metro
Appraisals for $42,400 and the owner agreed to sell for $40,000.
We should also note, that ACCAP owns a four -plex immediately
north of this site and could possibly use this site for
additional off - street parking and /or outdoor playground space.
540 Hugo St.
This is a single- family home located in the Riverview Heights
neighborhood and is also rented. The home is adjacent to a lot
the HRA currently owns at 550 Hugo St. Staff attempted to
acquire this property last year, but was unsuccessful. Since
then, the City has conducted a rental inspection and found
serious code violations.
The home was appraised by Richard Erickson, Appraisal Engineering
Bureau for $37,700 and we have made an offer to the owner. To
date, we have not received a response to the offer, however we
2
Purchase of Deteriorated Homes
March 3, 1995
Page 2
540 Hugo St. (cont.)
are requesting authorization to acquire the property within the
negotiation guidelines established by the HRA not to exceed
$42,000. If we are successful in negotiating a purchase, this
lot could be combined with the lot to the west and sold as a
buildable lot.
533 Janesville
This property is a HUD foreclosure and has been vacant for some
time. The home is located in the Riverview Heights neighborhood
and has been the source of numerous complaints from neighbors.
Based on an exterior inspection of the property it is apparent
that the home suffers from deferred maintenance.
The home was offered for public bidding last month and bids were
due on February 28th. Staff submitted an offer on the home for
$45,000 (asking price) and will have information available on the
outcome of the bidding.
Should we be successful in our bid, the site could be resold as a
buildable lot.
Staff recommends that the HRA approve the following:
1.
Purchase
of 6000 2nd
St. for $40,00;
2.
Purchase
of 540 Hugo
St. for a price not to exceed $42,000;
3.
Purchase
of 533 Janesville for a price not to exceed
$45,000;
and
further authorize
the
Executive Director to execute all legal
documents to
complete the
purchase of said properties.
GF/
M -95 -144
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Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995
TO: William W. Burns, Executive Director of HRA 440
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Consider Agreement with Northeast State Bank
Jim Casserly has prepared an agreement with Northeast State Bank for
administration of the MHFA Home Improvement Loan Program. This
agreement incorporates some new changes we've made to the program.
At a later date we will present a revised agreement with Fridley
State Bank.
Under our current program, a deferred loan is provided to each
eligible borrower who can qualify for a loan. The HRA loan is used
to "buy down" or reduce the principal amount of the regular MHFA
loan. The amount of the deferred loan is based on a percentage of
the MHFA loam up to a maximum of $2,250. The rationale to this
approach is to provide an incentive for the borrower rather than meet
an actual financing gap. Based on our past experience it appears
that this approach is not working.
Under the revised program, the HRA will provide deferred loans,
however the loans will only be made to fill gaps in loan requests in
the following situations:
1. Insufficient income to finance the entire loan amount, or
2. Insufficient equity to secure the entire loan amount, or
3. The loan request exceeds the MHFA limit of $15,000.
The maximum deferred loan will be $3,750. It is our hope that these
changes will make the program more useful for applicants who need the
financing, but can't qualify for the entire loan. Repayment of the
HRA loan would be deferred until the home is sold and interest would
be charged at the same rate as the MHFA loan.
Casserly has also prepared a resolution which authorizes execution of
the agreement with Northeast State Bank.
Staff recommends that the HRA approve the attached resolution and
authorize the Chairperson and Executive Director to execute the
Memorandum of Understanding.
GF/
M -95 -145
3
Casserly Mol;,ahn & Associates, Inc.
215 Soutli 11 th Street, Suite 300 • Minneapolis • Minnesota 55403
Office (612) 342 -2277 • Fax (612) 334 -3382
M E M O R A N D U M
To_ City of Fridley
Attn: Grant Fernelius, Housing Coordinator
FROM: James R. Casserly
RE: Memorandum for Northeast State Bank
DATE: February 22, 1995
I have reviewed our previous agreements, our notes over the last
number of months, MHFA regulations and guidelines, and your
correspondence and have prepared the enclosed Memorandum of
Understanding. Please note that the only changes are to
Paragraphs 4 and 5 and the preparation of a new Exhibit E.
I hope this captures the flavor of what the Authority is trying
to accomplish. We are going to intervene only when there is a
gap. And we are going to charge interest which will only be paid
when the Note matures.
Mark up these pages or give me a call. When I have your
approval, we will forward them on to the Northeast State Bank and
we will send a copy to Ruth Fitzsimmons at the Minnesota Housing
Finance Agency. Please let me know who I should forward these
documents to at the Northeast State Bank. Also, I believe I am
using the correct legal name, but I would appreciate your
verifying the bank's name. In our draft of the documents to the
bank we will include the appropriate exhibits with any required
modifications.
I want to thank you again for being so patient in getting this
agreement worked out. I assume this Agreement can be approved at
our March HRA meeting and we will prepare the appropriate
Resolution.
I will be contacting you shortly regarding some additional
information we need for the Fridley Housing Replacement Program
legislation we are working on at the Capitol. We will talk to
you soon_
JRC /kh
Encl
cc: Barbara Dacy, w/o encl
William Burns, w/o encl
3A
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF FRIDLEY AND THE NORTHEAST STATE
BANK OF MINNEAPOLIS.
BE IT RESOLVED by the Board of Commissioners (the "Commissioners ")
of the Housing and Redevelopment Authority in and for the City of
Fridley, Minnesota (the "Authority ") , as follows:
Section 1. Recitals.
1.01. The Authority has established a Home Improvement Loan
Program (the "Program ") for the residents of the City of Fridley
(the "City ").
1.02. It has been proposed that the Authority enter into the
necessary agreements to expand the Program by executing a
Memorandum of Understanding (the "Memorandum ") with the Northeast
State Bank of Minneapolis (the "Bank ") as a participating lender.
Section 2. Findings.
2.01. The Authority hereby finds that the Memorandum promotes the
purposes of the of the Program and Authority as those purposes are
defined in Minnesota Statutes, Section 469.001, et sect. (the
"Act[().
Section 3. Authorization for Execution of Memorandum.
5.01. The Authority hereby approves the Memorandum substantially
in the form presented to the Authority and authorizes its Chairman
and Executive Director to execute the Memorandum on behalf of the
Authority with such additions and modifications as those officers
may deem desirable or necessary as evidenced by the execution
thereof.
PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF FRIDLEY THIS DAY OF ,
1995.
LAWRENCE R. COMMERS - CHAIRPERSON
ATTEST:
WILLIAM W. BURNS - EXECUTIVE DIRECTOR
M
CITY OF FRIDLEY, MINNESOTA
HOME IMPROVEMENT LOAN PROGRAM
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, dated this day of ,
19 , by and between the Housing and Redevelopment Authority in
and for the City of Fridley (the "Authority ") , a public body
corporate and politic existing under the laws of the State of
Minnesota and Northeast State Bank of Minneapolis, a corporation
existing under the laws of the State of Minnesota (the "Bank ").
WITNESSETH:
WHEREAS, the Minnesota Housing Finance Agency (the "MHFA") has
established a Home Improvement Loan Program (the "Program ") to
assist homeowners in financing their home improvements; and
WHEREAS, the Authority has established the City of Fridley
Home Improvement Loan Program (the "Supplemental Program ") to
supplement the Program and provide additional funds for the
Improvements; and
WHEREAS, the Bank will process the loans for the Supplemental
Program; and
WHEREAS, the Bank will act as a Seller and will provide a Loan
Processor, as those terms are defined in the MHFA Home Improvement
Loan Procedural Manual (the "Procedural Manual ") , for the Program.
2/22/95
NOW, THEREFORE, the parties hereby agree as follows:
1. The Authority will perform a prescreening process to
preliminarily determine eligibility of borrowers for both
the Program and the Supplemental Program.
2. The Authority will provide the preliminary applications
of the borrowers to the Bank and shall initiate a
preliminary inspection of the property to be improved.
3. The Bank will assist each borrower with that borrower's
application and will follow the procedures as required by
the Procedural Manual. The Authority agrees to provide
loans from its Supplemental Program only to those
borrowers that meet the requirements of the Program (the
Program loans shall be referred to as "Primary Loans ";
the Supplemental Program loans shall be referred to as
"Deferred Loans ") . The Deferred Loan and the Primary Loan
may only be used for those eligible improvements (the
"Eligible Improvements ") as defined in Section 4.3 of the
Procedural Manual.
4. The amount of the Deferred Loan shall be the lesser of
one of the Eligible Gaps, as described below, or $3,750
and shall not exceed the amount of the Primary Loan. The
3C
2/22/95
purpose of the Deferred Loan is to assist a borrower in
securing a Primary Loan when the borrower does not
qualify for a Primary Loan due to an excessive debt to
income ratio (the "Income Gap ") , an excessive loan to
value ratio (the "Value Gap ") or has costs for Eligible
Improvements that exceed the eligible Primary Loan amount
(the "Loan Gap "; all three gaps are collectively referred
to as the "Eligible Gaps "). The Eligible Gaps are
further described below:
A. Income Gap: The Income Gap occurs when a borrower's
monthly debt to average monthly gross income (as
these terms are defined in Section 4.7 B of the
Procedural Manual) exceeds 40a. The Authority may
make a Deferred Loan to reduce the ratio to the
required 400. An example showing the calculation
used in determining the principal for this Deferred
Loan is shown on Schedule E attached.
B. Value Gap: A Primary Loan cannot exceed an amount,
which when combined with all other existing
indebtedness secured by the property, would exceed
the property's market value and anticipated
improvements. The Authority may make a Deferred
Loan which would exceed the property's market value
and anticipated improvements. An example showing
the calculation used in determining the principal
for this Deferred Loan is shown on Schedule E
attached.
C. Loan Gap: A Primary Loan, exclusive of finance
charges, cannot exceed the amount established by
the MHFA, which is currently $15,000, and the
principal amount of the Primary Loan must be
reduced as required by Section 4.8 E of the
Procedural Manual. Such reductions are required,
for example, if the borrower has previously
obtained a MHFA loan for the same property. The
Authority may make a Deferred Loan which would
exceed the MHFA maximum loan amount and may make a
Deferred Loan for the amount of any reductions
required by Section 4.8 E of the Procedural Manual.
Examples showing the calculation used in
determining the principal for this Deferred Loan is
shown on Schedule E attached.
S. The interest rate will be the same rate as that charged
for the Primary Loan and will be deferred until the
maturity date of the Deferred Loan as defined in the
Deferred Loan Note attached as Exhibit B.
6. Prior to the closing of the Primary Loan and Deferred
Loan, the Bank shall submit to the Authority a request
for Deferred Loan commitment ( "Request for Commitment ")
attached as Exhibit A. The Authority shall have 5
3D
business days from the receipt of the Request for
Commitment to notify the Bank of its approval. Within 30
days after the Bank has received a notice of the approval
of the Request for Commitment, the Bank shall close both
the Primary Loan and the Deferred Loan.
7. At the closing of the Deferred Loan and Primary Loan the
Bank shall do the following:
A. Secure the execution of the Deferred Loan Note
(attached as Exhibit B) by the borrowers following
the procedures as provided in the Procedural Manual
for the execution of the Primary Note.
B. Secure the execution of the Deferred Loan Mortgage
(attached as Exhibit C) securing the signatures as
required by the Procedural Manual for the execution
of the Mortgage.
C. Provide the borrower with the Completion
Certificate, attached as Exhibit D, with the
accompanying instructions.
8. Subsequent to the closing the Bank shall do the
following:
A. Immediately record the Deferred Loan Mortgage with
the Anoka County Recorder. The Authority shall
reimburse the Bank for any expenses incurred in
connection with the recording of the Deferred Loan
Mortgage.
B. Deliver to the Authority the original Deferred Loan
Note along with the original or a certified copy of
the recorded Deferred Loan Mortgage.
9. This Agreement may be amended only with the written
approval of both parties.
10. This Agreement shall terminate 30 days after either party
provides a written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the date and year noted above by
their officers duly appointed and authorized.
2/22/95
3E
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF FRIDLEY, MINNESOTA
By
Its
By
Its
NORTHEAST STATE BANK OF MINNEAPOLIS
Its
2/22/95
3F
EXHIBIT A
FRIDLEY RENTAL REHABILITATION LOAN PROGRAM
REQUEST FOR DEFERRED LOAN COMMITMENT
Date:
To: Fridley HRA From: Northeast State Bank
6431 University Avenue NE of Minneapolis
Fridley, MN 55432 200 Coon Rapids Blvd.
Attn: Housing Coordinator Coon Rapids, MN 55433
BORROWER INFORMATION
Name /s:
Property Address:
Please attach copies of the following documents to this form:
1. Credit Bureau Report
2. MHFA Prior Approval Submission Letter, If submitted
LOAN INFORMATION
1. Total Cost of Improvements: $
2. MHFA Rental Rehabilitation Loan Program Amount: $
3. Requested Deferred Loan Amount from Authority: $
4. Other Funding Sources, if any: $
Proposed Closing Date:
NORTHEAST STATE BANK OF MINNEAPOLIS
Signature Title
APPROVAL BY THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLEY (THE "AUTHORITY ")
The Authority hereby approves this Request for a Deferred Loan
Commitment in the amount of $ to
This Commitment will expire in 30 days,
unless the Authority authorizes a written extension. Approval is
subject to the terms and conditions of the Memorandum of Understanding
between the Authority and the Northeast State Bank of Minneapolis.
Escrow Agreement required: Yes No
�:
Signature Title Date
3/2/95
3G
EXHIBIT B
DEFERRED LOAN NOTE
19
Minnesota
Property Address City State Zip Code
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay
U.S. $ (this amount will be called "principal ") ,
plus interest, to the order of the Lender. The Lender is the
Housing and Redevelopment Authority in and for the City of Fridley.
I understand that the Lender may transfer this Note. The Lender or
anyone who takes this Note by transfer and who is entitled to
receive payments under this Note will be called the "Note Holder ".
2. INTEREST
I will pay interest at a yearly rate of % simple interest.
Interest will be charged on that part of principal which has
not been paid. Interest will be charged beginning on the date of
this Note and continuing until the full amount of principal has
been paid.
3. PAYMENTS
I will pay principal and interest by making a payment of U.S.
$ on the Maturity Date as defined below. If, on the
Maturity Date, I still owe amounts under this Note, I will pay all
those amounts, in full on that date.
I will make my payment at 6431 University Avenue NE, Fridley,
Minnesota, 55432, or at a different place if required by the Note
Holder.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any of
my payments by the end of 30 calendar days after the date it is
due, I will pay a late charge to the Note Holder. The amount of
the charge will 50 of my overdue payment, but not less than U.S.
$25.00. I will pay this late charge only once on any late payment.
(B) Notice From Note Holder
If I do not pay the full amount of the required payment on
time, the Note Holder may send me a written notice telling me that
if I do not pay the overdue amount by a certain date I will be in
default. That date must be at least 30 days after the date on
which the notice is mailed to me.
3/2/95
3H
(C) Default
If I do not pay the overdue amount by the date stated in the
notice described in (B) above, I will be in default. If I am in
default, the Note Holder may require me to pay immediately the full
amount of principal which has not been paid and all the interest
that I owe on that amount.
Even if, at a time when I am in default, the Note Holder does
not require me to pay immediately in full as described above, the
Note Holder will still have the right to do so if I am in default
at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full
as described above, the Note Holder will have the right to be paid
back for all of its costs and expenses to the extent not prohibited
by applicable law. Those expenses include, for example, reasonable
attorneys' fees.
S. THIS NOTE SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under
this Note, a Mortgage, dated , 19 , protects
the Note Holder from possible losses which might result if I do not
keep the promises which I make in this Note. That Mortgage
describes how and under what conditions I may be required to make
immediate payment in full of all amounts that I owe under this
Note.
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE
I have the right to make payments of principal at any time
before they are due. A payment of principal only is known as a
"prepayment". When I make a prepayment, I will tell the Note
Holder in a letter that I am doing so. A prepayment of all of the
unpaid principal is known as a "full prepayment ". A prepayment of
only part of the unpaid principal is known as a "partial
prepayment ".
I may make a full prepayment or a partial prepayment without
paying any penalty. The Note Holder will use all of my prepayments
to reduce the amount of principal that I owe under this Note. I
may make a full or partial prepayment at any time.
7. BORROWER'S WAIVERS
I waive my rights to require the Note Holder to do certain
things. Those things are: (A) to demand payment of amounts due
(known as "presentment "); (B) to give notice that amounts due have
not been paid (known as "notice of dishonor ") ; (C) to obtain an
official certification of nonpayment (known as a "protest ") .
Anyone else who agrees to keep the promises made in this Note, or
who agrees to make payments to the Note Holder if I fail to keep my
promises under this Note, or who signs this Note to transfer it to
someone else also waives these rights. These persons are known as
"guarantors, sureties and endorsers ".
3/2/95 31
8. GIVING OF NOTICES
Any notice that must be given to me under this Note will be
given by delivering it or by mailing it by certified mail addressed
to me at the Property Address above. A notice will be delivered or
mailed to me at a different address if I give the Note Holder a
notice of my different address.
Any notice that must be given to the Note Holder under this
Note will be given by mailing it by certified mail to the Note
Holder at the address stated in Section 3 above. A notice will be
mailed to the Note Holder at a different address if I am given a
notice of that different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us is fully
and personally obligated to pay the full amount owed and to keep
all of the promises made in this Note. Any guarantor, surety, or
endorser of this Note (as described in Section 7 above) is also
obligated to do these things. The Note Holder may enforce its
rights under this Note against each of us individually or against
all of us together. This means that any one of us may be required
to pay all of the amounts owed under this Note. Any person who
takes over my rights or obligations under this Note will have.all
of my rights and must keep all of my promises made in this Note.
Any person who takes over the rights or obligations of a guarantor,
surety, or endorser of this Note (as described in Section 7 above).
is also obligated to keep all of the promises made in this Note.
10. MATURITY DATE
The Maturity Date is the date upon which one of the following
events occurs: (A) all or part of the property described in the
Mortgage referred to in paragraph 5 (the "Property ") is sold,
transferred or otherwise conveyed; or (B) the borrower fails to
comply with the terms of the Mortgage; or (C) the Note Holder
learns that the borrower omitted or misrepresented a material fact
in any documents executed in connection with this Note.
Borrower
Borrower
Borrower
(Sign Original Only)
3/2/95
3J
EXHIBIT C
DEFERRED LOAN MORTGAGE
THIS MORTGAGE is made this
19 , between the Mortgagor,
day of
(herein "Borrower "),
and the Mortgagee, the Housing and Redevelopment Authority in and
for the City of Fridley, a public body corporate and politic
existing under the laws of the State of Minnesota whose address is
6431 University Avenue NE, Fridley, Minnesota, 55432 (herein
"Lender ").
WHEREAS, borrower is indebted to Lender in the principal sum
of U.S. $ which indebtedness is evidenced by
Borrower's Note dated and extensions
and renewals thereof (herein "Note "), providing for principal and
interest, if not sooner paid, due and payable on the Maturity Date
as defined in the Note;
TO SECURE to Lender the repayment of the indebtedness
evidenced by -the Note, with interest thereon; the payment of all
other sums, with interest thereon, advanced in accordance herewith
to protect the security of this Mortgage; and the performance of
the covenants and agreements of Borrower herein contained.
Borrower does hereby grant and convey to Lender, with power of
sale, the following described property located in the County of
Anoka, State of Minnesota:
which has the address of , Fridley,
(Street)
Minnesota, (herein "Property Address ");
3/2/95
3K
TOGETHER with all the improvements now or hereafter erected on
the property, and all easements, rights, appurtenances and rents,
all of which shall be deemed to be and remain a part of the
property covered by this Mortgage; and all of the foregoing,
together with said property (or the leasehold estate if this
Mortgage is on a leasehold) are hereinafter referred to as the
"Property ")
Borrower covenants that Borrower is lawfully seised of the
estate hereby conveyed and has the right to grant and convey the
Property, and that the Property is unencumbered, except for
encumbrances of record. Borrower covenants that Borrower warrants
and will defend generally the title to the Property against all
claims and demands, subject to encumbrances of record.
PROVIDED, NEVERTHELESS, that if Borrower shall pay Lender the
sums evidenced by the Note according to the terms of the Note, the
final payment being due and payable on the Maturity Date, as
defined in the Note, and shall repay to Lender, at the times and
with interest as specified, all sums advanced in protecting the
lien of this Mortgage, in payment of taxes on the Property and
assessments payable therewith, insurance premiums covering
buildings thereon, principal or interest on any prior liens,
expenses and attorney's fees herein provided for and sum advanced
for any other purpose authorized herein, and shall keep and perform
all the covenants and agreements herein contained, then this
Mortgage shall be null and void, and shall be released at
Borrower's expense.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as
follows:
1. Payment of Principal and Interest. Borrower shall
promptly pay when due the principal and interest indebtedness
evidenced by the Note and late charges as provided in the Note.
2. Application of Payments. Unless applicable law provides
otherwise, all payments received by Lender under the Note and
paragraph 1 hereof shall be applied by Lender to interest payable
on the Note, and then to the principal of the Note.
3. Prior Mortgages and Deeds of Trust; Charges; Liens.
Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement with a lien
which has priority over this Mortgage, including Borrower's
covenants to make payments when due. Borrower shall pay or cause
to be paid all taxes, assessments and other charges, fines and
impositions attributable to the Property which may attain a
priority over this Mortgage, and leasehold payments or ground
rents, if any.
4. Hazard Insurance. Borrower shall keep the improvements
now existing or hereafter erected on the Property insured against
loss by fire, hazards included within the term "extended coverage ",
and such other hazards as Lender may require and in such amounts
3/2/95
3L
and for such Periods as Lender may require.
In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not
made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails
to respond to Lender within 30 days from the. date notice is mailed
by Lender to Borrower that the insurance carrier offers to settle
a claim for insurance benefits, Lender is authorized to collect and
apply the insurance proceeds at Lender's option either to
restoration or repair of the Property or to the sums secured by
this Mortgage.
5. Preservation and Maintenance of Property; Leaseholds;
Condominiums; Planned Unit Developments. Borrower shall keep the
Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with
the provisions of any lease if this Mortgage is on a leasehold. If
this Mortgage is on a unit in a condominium or a planned unit
development, Borrower shall perform all of Borrower's obligations
under the declaration or covenants creating or governing the
condominium or planned unit development, the by -laws and
regulations of the condominium or planned unit development, and
constituent documents.
6. Protection of Lender's Security. If Borrower fails to
perform the covenants and agreements contained in this Mortgage, or
if any action or proceeding is commenced which materially affects
Lender's interest in the Property, then Lender, at Lender's option,
upon notice to Borrower, may make such appearances, disburse such
sums, including reasonable attorneys' fees, and take such action as
is necessary to protect Lender's interest. If Lender required
mortgage insurance as a condition of making the loan secured by
this Mortgage, Borrower shall pay the premiums required to maintain
such insurance in effect until such time as the requirement for
such insurance terminates in accordance with Borrower's and
Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 6,
with interest thereon, at the Note rate, shall become additional
indebtedness of Borrower secured by this Mortgage. Unless Borrower
and Lender agree to other terms of payment, such amounts shall be
payable upon notice from Lender to Borrower requesting payment
thereof. Nothing contained in this paragraph 6 shall require
Lender to incur any expense or take any action hereunder.
7. Inspection. Lender may make or cause to be made
reasonable entries upon and inspections of the Property, provided
that Lender shall give Borrower notice prior to any such inspection
specifying reasonable cause therefor related to Lender's interest
in the Property.
8. Condemnation. The proceeds of any award or claim for
damage, direct or consequential, in connection with any
3/2/95
3M
condemnation or other taking of the Property, or part thereof, or
for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender, subject to the terms of any mortgage, deed
of trust or other security agreement with a lien which has priority
over this Mortgage.
9. Borrower Not Released; Forbearance by Lender Not a
Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Mortgage granted by Lender
to any successor in interest of Borrower shall not operate to
release, in any manner, the liability of the original Borrower and
Borrower's successors in interest. Lender shall not be required to
commence proceedings against such successor or refuse to extend
time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the
original Borrower and Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy hereunder,
or otherwise afforded by applicable law, shall not be a waiver of
or preclude the exercise of any such right or remedy.
10. Successors and Assigns Bound; Joint and Several
Liability; Co- signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the
respective successors and assigns of Lender and Borrower, subject
to the provisions of paragraph 14 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower
who co -signs this Mortgage, but does not execute the Note, (a) is
co- signing this Mortgage only to mortgage, grant and convey that
Borrower's interest in the Property to Lender under the terms of
this Mortgage, (b) is not personally liable on the Note or under
this Mortgage, and (c) agrees that Lender and any other Borrower
hereunder may agree to extend, modify, forbear, or make any other
accommodations with regard to the terms of this Mortgage or the
Note without that Borrower's consent and without releasing that
Borrower or modifying this Mortgage as to that Borrower's interest
in the Property.
11. Notice. Except for any notice required under applicable
law to be given in another manner, (a) any notice to Borrower
provided for in this Mortgage shall be given by delivering it or by
mailing such notice by certified mail addressed to Borrower at the
Property Address or at such other address as Borrower may designate
by notice to Lender as provided herein, and (b) any notice to
Lender shall be given by certified mail to Lender's address stated
herein or to such other address as Lender may designate by notice
to Borrower as provided herein. Any notice provided for in this
Mortgage shall be deemed to have been given to Borrower or Lender
when given in the manner designated herein.
12. Governing Law; Severability. The state and local laws
applicable to this Mortgage shall be the laws of the jurisdiction
in which the Property is located. The foregoing sentence shall not
limit the applicability of federal law to this Mortgage. In the
event that any provision or clause of this Mortgage or the Note
conflicts with applicable law, such conflict shall not affect other
3/2/95
3N
provisions of this Mortgage or the Note which can be given effect
without the conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. As
used herein, "costs ", "expenses" and "attorneys' fees" include all
sums to the extent not prohibited by applicable law or limited
herein.
13. Borrower's Copy. Borrower shall be furnished a conformed
copy of the Note and of this Mortgage at the time of execution or
after recordation hereof.
14. Acceleration. Unless Lender has provided its prior
written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Mortgage upon the
occurrence of one of the following events: (A) all or part of the
Property is sold, transferred or otherwise conveyed; or (B) the
Borrower fails to comply with the terms of this Mortgage; or (C)
the Borrower has omitted or misrepresented a material fact in any
documents executed in connection with this Mortgage.
If Lender exercises this option, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed
within which Borrower must pay all sums secured by this Mortgage.
If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Mortgage
without further notice or demand on Borrower.
REQUEST FOR NOTICE OF DEFAULT
----------- - - - - -- -AND FORECLOSURE UNDER SUPERIOR----------- - - - - --
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed
of trust or other encumbrance with a lien which has priority over
this Mortgage to give Notice to Lender, at Lender's address set
forth on page one of this Mortgage, of any default under the
superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
Borrower
Borrower
Borrower
3/2/95
30
STATE OF MINNESOTA,
County ss:
The foregoing instrument was acknowledged before me this
by
(Date
My Commission Expires:
(Person Acknowledging)
Notary Public
This instrument was prepared by
(Name)
of Minnesota.
(Address)
- - -- (Space Below This Line Reserved for Lender and Recorder)--- -
RESOLUTION NO.
WILLIAM W. BURNS - EXECUTIVE DIRECTOR
3/2/95
3P
EXHIBIT D
FRIDLEY HOME IMPROVEMENT LOAN PROGRAM
COMPLETION CERTIFICATE
Borrower /s Address
Loan Number
I (we) hereby certify that the loan proceeds from the Minnesota
Housing Finance Agency (MHFA) Home Improvement Loan Program and the
City of Fridley, Minnesota Home Improvement Loan Program will be
used solely for the improvements described in the MHFA credit
application and the housing rehabilitation inspection report and
that the improvements being paid for by the loan proceeds have been
completed.
Borrower Date
Borrower Date
Borrower Date
3/2/95
30
kr&-A!i,bfi pw
ELIGIBILITY GAPS
The examples below are for purposes of illustrating the
procedures for determining various Eligibility Gaps. The maximum
amount of a Deferred Loan shall not exceed the sum of $3,750 or
the amount of the Primary Loan.
0
C
INCOME GAP:
Borrower Average Monthly Gross Income
$2,500
Monthly Debt (existing mortgage, car,
credit card)
$900
Debt: Income Ratio
360
MHFA maximum ratio
40i
$10,000
Eligible Improvements
Monthly amount available to finance
Eligible Improvements (40, of
$2,500 less $900)
$100
Maximum Primary Loan
$6,625
(assume 7o for 7 years)
Gap to be financed by Deferred Loan
($10,000 less $6,625)
$3,375
VALUE GAP:
Current Market Value $75,000
Current Mortgage $72,500
Current Equity $2,500
Eligible Expenses $10,000
Market Value after improvements
(1/2 of cost is includable) $80,000
Equity after improvements $7,500
Maximum Primary Loan $7,500
Gap to be financed by Deferred Loan
($10,000 less $7,500) $2,500
LOAN GAP:
Example 1:
Eligible Expenses $18,500
Maximum Primary Loan $15,000
Gap to be financed by Deferred Loan
($18,500 less $15,000) $3,500
Example 2: $15,000
Eligible Expenses
Previous MHFA Loan $3,000
Maximum Primary Loan $12,00
Gap to be financed by Deferred Loan
($15,000 minus $13,000) $3,000
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TO: FRIDLEY H.R.A
FROM: CITY OF FRIDLEY
RE: BILLING FOR ADMINISTRATIVE AND OPERATING EXPENSES
FEB 1995
.......................... ................
............ ...............................
FEB 1995
ADMINISTRATIVE BILLING:
ADMINISTRATIVE PERSONAL SERVICES
ADMINISTRATIVE OVERHEAD
COMPUTER OVERHEAD
(For Micro & Mini computers)
TOTAL ADMINISTRATIVE BILLING:
OPERATING EXPENSES:
POSTAGE BY PHONE — POSTAGE
POSTAGE BY PHONE — POSTAGE
US WEST — TELEPHONE SERVICE
UNIV OF MINN — REGISTRATION
BENEFITS EXPENSES:
CITY OF FRIDLEY — HEALTH INS, FEB
CITY OF FRIDLEY — DENTAL INS, FEB
CITY OF FRIDLEY — LIFE INS, FEB
Account #'s for
HRA's Use
Account #'s for
Citv's Use
14,967.25 101 -0000 -341 —1200
267.83 101 —0000- 336 -3000
194.42 101 —0000- 336 -3000
460-0000-430-4107 15, 429.50
262 -0000- 430 -4332
460-0000-430-4332
460-0000-430-4332
460 -0000- 430 -4337
TOTAL OPERATING EXPENSES
262-0000-219-1001
262-0000-219-1100
262-0000-219-1200
TOTAL BENEFITS EXPENSES
TOTAL EXPENDITURES — FEB 1995
File: \123DATA \HRA \TIF\BILUNG.wk1 Details
15.87 236 -0000- 336 -3000
122.96 236 -0000- 336 -3000
13.24 236 -0000- 336 -3000
35.00 236 -0000- 336 -3000
187.07
192.00 236 -0000- 219 -1001
20.53 236 - 0000 -219 -1100
4.25 236 -0000- 219 -1200
216.78
..............................
$1 b,833'.3
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Community Development Department
HOUSING AND RIiDEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995
TO: William W. Burns, Executive Director of HRA
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Consider Bids on Vacant Lots
On February 9, 1995 the HRA conducted a public hearing to review
its plans for selling the real property acquired under the
scattered site acquisition program.
Since then, staff has contacted fifteen (15) homebuilders to
solicit their interest in developing these sites. Attached is a
list of the builders which were contacted. Because the deadline
for submitting bids is March 8th, a summary is not available at
this time. However, staff will present a bid summary and a
recommendation at the March 9th meeting.
GF/
M -95 -141
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Community Development Department
HOUSING AND RI�DEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995 f5
TO: William W. Burns, 17,xecutive Director of HRA10
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, HIDusing Coordinator
SUBJECT: Legislation for Housing Replacement Program
Jim Casserly has prepared the attached memo concerning special
legislation we would like to submit to the State Legislature this
session.
Additional information will be provided at the March 9th meeting.
A resolution will also be presented at the meeting which staff
recommends that the HRA approve.
GF/
M -95 -146
Casserly Mol:zahn & Associates, Inc.
215 South 11 th Street, Suite 300 Minneapolis Minnesota 55403
Office (612) 342 -2277 • Fax (612) 334 -3382
'- M E M O R A N D U M
G
TO: Fridley Housing and Redevelopment Authority
City of Fridley
FRGM: James R. Casserly
Mary E. Molzahn
RE : Pilot Housing Replacement Program
DATE: March 2, 1995
On behalf of the City and its HRA, we plan on introducing
legislation within the next week which will establish a pilot
housing replacement program (the "Program ")
We previously discussed with you the establishment of a tax
increment district in which we would include the scattered sites
which had been acquired and are being prepared to be remarketed
for market rate housing. while it is possible to create a non-
contiguous redevelopment tax increment district, it is very
cumbersome to administer and is fairly complex. In addition, we
have the problem of the City being subjected to a local
government aid reduction when it is already making a substantial
contribution to alleviate its housing problems.
As a result, we have been working with Senate counsel, and have
discussed the concept with House Research, to establish the pilot
Program that would apply only to the cities of Crystal and
Fridley. Both cities have identical problems and are attempting
to solve them in exactly the same way, that is, by acquiring
blighted lots and then offering the lots for market rate housing.
The Legislation which authorizes the Program provides that the
city can designate a certain number of lots to be included in the
Program. once a new home is constructed on a lot so designated,
the county will collect the property taxes on the structure and
allocate those t =axes to the city'a housing replacement account.
Ine property taxes on the land will go to the taxing
jurisdictions as would any other property taxes. The Authority
may use the money in the housing replacement account only for the
purposes of the Program_ The county will allocate the taxes for
a period of 20 years.
This is a very .limited Program and io only meaningful in inner
suburban cornmun:ities. The goal of the Program is to allow the
8A
city to address some of its housing needs and provide some funds
for a revolving account.
in order to secure passage of the legislation we need resolutions
from the Authority and the City supporting the legislation. in
addition, it would be most helpful to talk to your local
legislators regarding your support for the Program. We will talk
to you further about providing testimony to support the hill in
the committee hearings. If thera are any questions or problems,
please give us a call.
inc /MEIN /kh
• oil
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Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: March 3, 1995
TO: William Burns, Executive Director of the HRA
FROM: Barbara Dacy, Comniunity Development Director
SUBJECT: 1995 HRA Budget
The HRA tabled action on the 1995 Budget at its February meeting.
The HRA also requested a "budget" for the Southwest Quadrant
expenses. Craig and I have prepared a reporting format which we
will include on the consent agenda at each meeting until the
project is completed. The HRA can then track the expenses as we
move through the redevelopment process.
Since the February meeting, there are minor changes to be made to
the budget. They are:
Change 4330, Professional Services, as follows:
a. Phase I Apts from $10,000 to $2,910
b. Phase II Apts from $10,000 to $5,500
C. Soil tests for SW Quad from $1,000 to:
10 acres $2,000
Apts $1,000
d. Remediation Plans from $20,000 to $11,500
e. Add Remediation Expenses Fast Lube $50,000
f. Add Remediation Plan and Expenses Lake Pointe $20,000
I have been able to verify items a. and b. through actual bids.
Item c. is based on actual work for the 10 acre site, but the
soil tests on the apartment property have yet to be done. Items
d. and e. are based on estimates from our consultant on the Fast
Lube site. The consultant has also advised me that there may low
levels of contamination in the 8 acre area of the Lake Pointe
site near Highway 65. This is the area where the former bus
company building was located. Also there may be impacts from
being downgradient from the Union 76 station. Item f. is purely
1995 HRA Budget
March 3, 1995
Page 2
my estimate at this time. Remember we hope to have the Petro
Board refund 900 of any remediation expenses.
Please bring the budget books which were included in the February
packet to the meeting. If you need another copy, please call me
and I will see to it that you receive another prior to next
Thursday's meeting.
After review by the HRA, staff recommends the approval of the
1995 Budget with the modifications noted in this memorandum.
BD/
M -95 -140
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