Loading...
HRA 11/13/1997 - 6282HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAY, NOVEMBER 13, 1997 7:30 P.M. WILLIAM BURNS EXECUTIVE DIRECTOR OF HRA CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING THURSDAY, NOVEMBER 13, 1997 7:30 P.M. AGENDA LOCATION: Council Chambers (upper level), Fridley Municipal Center CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: October 9, 1997 CONSENT AGENDA: Authorize Execution of Consent to Assignment and ............. 1 - 1 K Acknowledgment, Columbia Park Properties Consider Acquisition of 1545 - 75 h Avenue N.E . ............... 2-2E Resolution Certifying Parcels for Phase II of the ................ 3-3K Housing Replacement Program Revenue and Expenses .... ............................... 4-4C ACTION ITEMS: Resolution Authorizing Execution of Second ................... 5 - 5R Amendment to Contract for Exclusive Negotiations, MEPC American Properties Resolution Considering Policy for Subordination ............... 6-6D Agreements for Housing Loan Program INFORMATION ITEMS: Participation in Minnesota Solutions Redevelopment ............ 7-7E Initiative Monthly Housing Report .... ............................... 8 - 8A OTHER BUSINESS: ADJOURNMENT CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 9, 1997 Chairperson Comers called the October 9, 1997 Housing and Redevelopment Authority meeting to order at 7:48 p.m. ROLL CALL: Members Present: Larry Commers, Virginia Schnabel, John Meyer Members Absent: Jim McFarland, Duane Prairie Others Present: William Burns, Executive Director Barbara Dacy, Community Development Director Jim Casserly, Financial Consultant Craig Ellestad, Accountant Richard Pribyl, Finance Director /Treasurer Grant Fernelius, Housing Coordinator Margaret Metzdorff, Remodeling Advisor Craig Christensen, Semper Development John Kohler, Semper Development Leslie Jowett, MEPC American Properties Dave Jellison, MEPC American Properties Dennis Homel, Moore Lake Apartments Norma Swanson, Theisen B. Partnership Art Swanson, Theisen B. Partnership Ellen Beeche, Semper Development Jerry Paschke, Paschke Properties William Hogan, 3165 Mississippi Street MOTION by Mr. Meyer, seconded by Ms. Schnabel, to approve the August 14, 1997, Housing and Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA: 1. REVENUE AND EXPENSES MOTION by Ms. Schnabel, seconded by Mr. Meyer, to approve the Consent Agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. ACTION ITEMS• • �• Z- • . •. Mr. Jellison provided an update of the master plan for the 1 Fridley Executive Center site and the status of the pending contacts. This master plan has been switched to 100,000 square feet of office service space. Pent Air Corporation was still in the plan as they have reconsidered the Fridley Campus. Pent Air Corporation is also looking at an existing building in Arden Hills. The original plan for Pent Air included the plan areas 4, 5 & 6. With City approval, number 5 is a 60,000 square foot corporate office space. Space 6 is a restaurant. Both fit the parking ratios and land requirements of the site. The Hilton Corp looking as a possible hotel site which would be similar to a Hampton Inn concept, a business quality hotel. A representative from Hilton was here today to look at the site. Ms. Schnabel asked Mr. Jellison to identify what numbers 4 5 & 6 are. Mr. Jellison stated number 4 of the original plan is a possible restaurant site. Number 5 is a prototype Hampton Inn. Number 6 of the plan includes a bank with drive up tellers and second floor office facility. Ms. Schnabel asked, "Under the new proposal there wouldn't be a restaurant ?" Mr. Jellison stated, "If Pent Air comes back and says this is our first choice. We left this open, that the Fridley HRA would have to approve the office portion. If we shift Pent Air to number 3, HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9. 1997 PAGE 3 you would still have other options open. We originally came with them going on site 1 but they didn't want to put their corporate headquarters on the far end of the site. Chairperson Commers asked about the status of MEPC as a result of the news of MEPC selling its United States portfolio. Mr. Jellison reported, presently MEPC is going to spin off operating groups of Australia and US. We are part of a billion to 1.2 billion dollars which will continue to operate, as two separate operating companies. Presently the US and Australia are 30% of the net asset of MEPC but 50% of its income. London has not been doing the same as they have experienced a slower turnaround. Our plans are to continue business as usual. We have 250 million in development right now. All our funding is held in the US operation. Chairperson Commers asked will there be a new owner of MEPC? We don't know what their philosophy is or what they will want to do? Will you continue to develop the 6000 tower? Mr. Jellison reported there were 6 buildings sold. Everything that was not redevelopable, that was at its maximum value was determined to be sold off. We have just finalized all the bidding of the new 6000 tower. I can't tell you what our entity will be when it is all done. We have a number of capital sources that would like to keep the management team in place. The Colony 3 is a 385,000 sq. ft tower already under construction. We are operating business as usual. If Pent Air says we are ready to go, we are ready to proceed also. Pent Air would be a tenant to lease the building as well as the tech -plan. Chairperson Commers stated, "When we entered into the deal with you we did so after looking at how you manage your property. If we anticipate a different management, it may have an effect on how we think about the plan." Mr. Jellison stated we are fortunate that we receive many calls stating tenants would like to get back into a MEPC building. We plan to continue to operate as we always have. However, I can't guarantee you that nothing will change. There aren't many companies that have been in the US for 20 years that have only sold 6 buildings out of the size portfolio that we manage. We can't buy real estate because there is so much demand, it only makes sense for us to develop. Everything we have developed in D HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9. 1997 PAGE 4 High Tech facilities have leased out very quickly. Ms. Schnabel asked when will he have the High Tech proposal Mr. Jellison reported he will have a site plan in approximately 2.5 weeks. Landscape and elevations will be ready shortly thereafter. There will be glass all the way around the front of the building, with 16 foot clear. The back area would be the service door area. One door for shipping, one for receiving, trash etc stored inside the building. A great image with a great location. The difficulty is to build a building with 5 parking stalls per thousand if it is all office. If it goes 50% high tech and 50% office we need to accommodate the truck requirements. We will look at 2 -3 different size tenants as well to see if we can meet all these needs before building. Ms. Schnabel asked what is the anticipated construction date? Mr. Jellison replied we would try to start construction this winter and blacktop in the spring. Mr. Meyer stated that the MEPC news would have a chilling effect on those looking at the High Tech site. Mr. Jellison doesn't anticipate any negative feedback. A billion and a half dollar real estate corporation with very little debt, there aren't many of us around. Many buildings have been turned back to insurance companies and financiers. MEPC has not had any concerns raised from its tenants. Is it disturbing for us, yes. Many people have gone through change for example 3M and the Imation spin -off. MEPC has been sheltered but Mr. Jellison does trust the MEPC management. In the long run we will continue to do business as before. We have had many opportunities to buy office buildings in other parts of the US but with the slower results in the UK, we were not able. Mr. Jellison is not afraid of the new MEPC. Think of real estate trusts, most want to get to 1 billion dollar mark to justify themselves. MEPC is already over 1 billion and Mr. Jellison doesn't see MEPC losing any management people. Mr. Burns asked Mr. Jellison to speculate, who are you talking about purchasing MEPC, national companies or perhaps Twin City companies. Mr. Jellison stated we are talking about financial institutions that would like to participate. National or Twin City companies are probably too small to participate. We are not likely to become part of OPUS, for example. We may become part of a major financial institution. 3. REQUEST FOR LETTER OF SUPPORT FOR MHFA APPLICATION: DENNIS •E Mr. Fernelius stated Mr. Homel has a purchase agreement to buy the Moore Lake Apartments, a 64 unit complex located at 5701 Central Avenue and 995 Lynde Drive. The current owners want to sell the property and do not want to invest additional money into the property. The $1.625 million sale is contingent upon Minnesota Housing Finance Agency (MHFA) financing for both a first mortgage to acquire the property and a second, deferred mortgage to make substantial improvements to the buildings and grounds. The Anoka County Assessor has the property valued at $682,328. Purchase Price $1,625,000 Rehabilitation 689,080 Financing and Carrying Fees 31,394 Misc. Fees 23,200 Total Uses $2,368,674 SOURCES MHFA 1st Mortgage $1,397,423 MHFA ARIF Loan 300,000 MHFA Incentive Loan 480,000 Owner Equity 191,251 Total Sources $2,368,674 The plans include roof replacement, windows, boilers and water heater replacements, siding, regrading around the perimeter of the building, and upgrading units. 75 %of the units are required to be maintained as affordable housing with a 1 bedroom unit renting at $458 and a 3 bedroom at $ 705. Mr. Fernelius stated Mr. Homel does have a pretty good track record with a project similar to this one in Anoka and one in St Paul. Mr. Fernelius visited the Anoka project and the City reported positively on the project. The letter requested is to HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9. 1997 PAGE 6 support his deferred loan application Ms. Schnabel asked, at this point the HRA has not been asked to contribute funds to this project? No, Mr. Fernelius stated with regard to HRA financing, the owner could apply for the Last Resort Rental Loan Program should MHFA be unable to fund his entire deferred loan request of $300,000 but we are not committing dollars this evening. Ms. Schnabel asked how does the HRA become involved in writing this letter and will the City Council also show their support? Mr. Fernelius stated it is a typical requirement showing support of the project. Ms. Dacy added the MFHA likes to see if the City supports the concept of the project. In this case the Council will not review the issue at this time. This is a housing issue so it is referred to the HRA. Chairperson Commers suggested staff refresh our memory about the last resort program and report back at a future meeting. MOTION by Ms. Schnabel, seconded by Mr. Meyer, to approve and authorize Mr. Burns to draft a letter showing support to Mr. Homel's MHFA application in the rehabilitation of the Moore Lake Apartments. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. a I WS .•-• • - - •.� EM, FIRMWI. IM -- i Ms. Dacy presented a review of a plan proposed by Walgreens at the Northeast Corner of University Avenue & Mississippi Street. The area consists of 2 single family homes and an existing building located on 3.13 acres. In 1991, a multi - tenant plan was approved. This first proposal included a Burger King drive through around the building and a Walgreens pick up window as well. This plan was 27,745 square feet, however, the plan did not proceed. A second plan by Wagner Development was 1,000 square feet less. HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9 1997 PAGE 7 Ms. Dacy stated the current proposal is a freestanding 13,905 square foot Walgreens building on 2.88 acres. The face brick exterior has stucco accents with the entrance oriented toward the intersection. This proposal does not include one of the two single family lots. There is a full movement access area and a right -in right -out drive west of the entrance. A pick up window is included on the east side of the building. A detention pond is proposed on the rear side of the building. The basis for review is that the property is zoned S -2, Redevelopment District which requires review not only by the Planning Commission and the City Council, but also by the HRA. The intent is to allow for mixed use development, maximum flexibility and determination of the most appropriate plan for the best interest of the City. The requested action is to change the 1991 plan to the proposed, single entity and smaller building. The site is located in Center City TIF District #1. The purpose of the district is to accomplish a redevelopment project which better utilizes vacant land, increases tax base and promotes proper use of plan. Staff concerns are under utilized areas in the site. There is a lot of land area used for parking, asphalt for the drive - through use dictating the building be located in the center of the site. It is possible to have the siltation and detention requirements located underground. This is a single use versus a variety of commercial uses. Walgreens has had very good success with this type of approach with the pick up window. It is a smaller project and there are advantages to having a smaller project as there is more green area. The City should revisit the vision. The Planning Commission will review the plan on October 15. The City Council will review on October 27th. There is a 60 day deadline of Nov. 11th. Staff recommends denial of the revision. Chairperson Commers asked about the western driveway. Is this practical? Ms. Dacy stated staff does not recommend approving the location of the driveway as proposed based on the traffic analysis done 5 to 6 years ago. We are concerned this could cause additional interruption. The area between the driveway and the intersection is not appropriate. Ms. Dacy also stated the tax increment of $13,000 was an early estimate. Based on information given by petitioner, the HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9 1997 PAGE 8 increment is actually $23,000 - $24,000. Walgreens is also proposing to do the acquisition and demolition. Mr. Commers asked originally did we talk of taking another eastern property on Mississippi Street? Ms. Dacy stated early in the process that was correct. When the plan was approved Anoka County was ok with the driveway location as proposed. This plan includes the first house on Mississippi and then the house directly behind it on 66th. Craig Christensen with Semper Development and John Kohler, Architect, and Norma Swanson the property owner addressed the Commission. Mr. Christensen stated Walgreens has not requested public assistance on the project. It appears that TIF discussion is not relevant. Semper Development believes there are advantages to a smaller project than proposed 6 years ago. There will be a lot of green space, buffering and landscaping the neighborhood area. We are able to comply with watershed requirements in a less costly manner. We have spoken with many neighbors concerning the project who are in favor of this project. We will create a very long term, stable, national tenant making a long term commitment. Mr. Commers asked who will own the building? Mr. Christensen stated Semper Development will own and develop the property with Walgreens as a long term lease. Mr. Kohler reported the 14,000 sq. ft project has most of the activity in the front, away from the residential area. The drive through window is only for pick up of called in prescriptions. A number of the neighbors have been contacted and requested the fence extension and to keep the green space between commercial and residential. The detention area will also become a good buffer and be maintained, increasing the pine trees and replacing the existing trees. Other comments from the neighbors were, they want to see a project that will stay in the area for a very long time rather than a tenant that comes and goes. The building will be face brick on all sides costing about $72 a square foot to construct. There is a tall glass front to the building with all activity taking place in the front of the building. Mr. Commers asked if there are any pictures of existing Walgreens • �' •'4 f +M �� •' • •: facilities as proposed. Mr. Kohler stated this design has a new look compared to the existing facilities. In Brooklyn Park, there is an example of a new development. Ms. Dacy stated staff has taken a video of the White Bear Lake Walgreens building. Mr. Kohler stated the proposed design is different from the White Bear Lake Walgreens. Ms. Schnabel asked, will the detention area be mowed? Mr. Kohler stated yes. There is a drain in the detention area which does meet the Rice Creek Watershed requirements.. The soil is sand so it will not hold water. Since 1991 Watershed requirements have been upgraded and so has this plan. Ms. Schnabel stated it appears there is an enormous amount of parking stalls. Mr. Kohler stated the parking stalls meet the City requirements, 94 parking spaces is a lot and they would like to make changes to that requirement. Ms. Dacy stated there are two issues to consider. The drive through location and the circular route around the building hampers future development. The drive through makes the building be placed in the middle of the lot. There is a site further north where this development will fit fine. The second issue is., does the City see this plan as part of the vision for the downtown area? Perhaps the HRA doesn't know what they want on this site right now, but Walgreens is filing an application right now. Mr. Commers stated the HRA approved a plan at that time, for that developer. We don't have any other plan that we have approved since. Ms. Swanson, the property owner stated she has tried to develop this property for 20 years. In the meantime Anoka County has condemned numerous plans. The City has made it very difficult to sell this property. The Swanson family feels the property needs to be sold as a family member has passed away. Ms. Swanson is a HOUSING & REDEVELOPMENT AUTHORITY WIG. OCTOBER 9 1997 PAGE 10 resident of this neighborhood and feels that this plan is a nice attractive plan for the neighborhood. If this plan does not go through, the current building will remain empty as Ms. Swanson has lost her tenant. Mr. Commers asked Jim Casserly, Financial Consultant, for his analysis of the project. Mr. Casserly is not sure of project since the applicant is clear this project would Other proposals in the past due to the project density. debt service on the lot. the role of tax increment in the is not asking for tax increment. It generate $40 - $45,000 in taxes. would probably generate $60- $70,000 This would help pay the existing Mr. Meyer stated this Walgreens proposal is noticeably superior to the prior plan as he was concerned about the traffic density with the prior plan. Mr. Meyer is also impressed with the green areas and respect of the neighborhood. Therefore it appears to be the most ideal use of this property. If 13,000 square feet needs 94 parking spaces, we would have needed 184 parking spaces of 24,000 sq. ft, as well as the drainage area, making Mr. Meyer wonder how would we fit that development on this site. Therefore Meyer is in favor of proceeding with this development. Ms. Schnabel concurs with Mr. Meyer as she does not see a single user as a disadvantage. It certainly is a nice clean development. The amount of asphalt is a concern, especially 90 some parking spaces. Hopefully one of the other boards can make an accommodation concerning the asphalt. Perhaps some imaginative landscaping with additional plantings could be done. Ms. Schnabel respects staffs opinions but concurs with Mr. Meyer and is in favor of proceeding with this development. Mr. Commers asked Mr. Casserly with regards to the project being in our TIF district, what do we have to do? Mr. Casserly stated the district would have to be re- certified, removing these parcels and create a new district. Mr. Burns stated that some of this decision is in the hands of other boards, however the vision of this sight is the HRA instead of the Planning Commission. In the past 9 years, this site has not been established as a top priority. The economy has more out there to consider right now in speculation and urges the HRA to HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9 1997 PAGE 11 consider these issues. Mr. Burns recommended looking at this site as well as other areas in regards to development. Ms. Dacy stated Walgreens has filed an application and the City is required to react to that application. On the other hand, we are in the position of reacting rather than proacting as in the case of the Lake Point Development. The petitioners are frustrated as they have put together a plan which is compared to a previous plan. However staff is in the position of reacting and perhaps there may be an option that you may like more. Ms. Swanson stated it makes her feel very bad that site is not a top priority after working many times to put together a plan to present to the City. Ms. Dacy stated from a resource standpoint, the City has had to prioritize its work. Mr. Commers stated staff is asking us to deny this request. Mr. Commers felt that at this point, based on the fact that there is not a real concrete long term vision, making it difficult to tell Mrs. Swanson she cannot go forward with this development. Perhaps we can lay this aside until the next meeting. Ms. Dacy stated the petitioner would have to consent to a delay in the 60 day, November 11th timeframe. There is time for Council to have two meetings on this topic, but not for the HRA unless a special meeting is called. MOTION by Mr. Meyer, seconded by Ms. Schnabel to recommend the approval of the Walgreens project to the City Council. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION AUT:•R •N OF •- MENT CONTRA GERALD .. t _ i_ Ms. Dacy.stated the resolution is to authorize the execution of a development contract providing up to $60,000 of tax increment assistance via a pay as you go approach. Construction has progressed per the code requirements. Should the HRA wish to approve the project, a motion to approve the resolution authorizing the execution of the development contract is recommended. HOUSING & REDEVELOPMENT AUTHORITY MTG OCTOBER 9 1997 PAGE 12 Mr. Commers asked Mr. Paschke why has it been so difficult to find out what is going on with this project? Mr. Paschke reported the contractor had trouble reaching the inspector and needed to fill the street over the weekend. It was dug it out for inspection and refilled again. Ms. Dacy stated it appeared that the sewer and water construction proceeded prior to inspection. However this issue has been addressed and inspections have taken place. Ms. Schnabel asked what happens if there is a default on the note, how can you pay it in full? Ms. Dacy stated the proposed contract requires completion of the project prior to issuing a Limited Revenue Note in the amount of $60,000. The note requires two payments per year to the developer beginning on August 1, 1999 and ending on August 1, 2005. The amount of each payment is defined by the note to be the lesser amount of 90% of the tax increment generated or the prescribed amount in the note of $6,242. On the maturity date of the note on August 1, 2005, if there is any unpaid portion remaining, the note will be deemed to have been paid in full. The HRA will pay on the note up to the tax increment. I f there is a gap, it will be noted paid in full. At a given date we say the note is deemed paid in full. Mr. Casserly stated this language is in all notes as a termination date is required. Valuation, tax rates and class - rate risks are passed on to the note holder. MOTION by Ms. Schnabel , seconded by Mr. Meyer to approve the resolution authorizing the execution of the development contract between HRA and Gerald Paschke UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. PUBLISHING AGREEMENT WITH TWIN CITIES BUSINESS MONTHLY Ms. Dacy stated since the September mailing of the proposal by Twin Cities Business Monthly Magazine, staff was hoping to come up with 3 users to participate in the Twin Cities Business Monthly. Staff recommendation was to proceed with the project HOUSING & REDEVELOPMENT AUTHORITY MTG. OCTOBER 9 1997 PAGE 13 with the understanding that HRA's contribution would not exceed $5,000. MEPC would provide $5,000 and a variety of businesses would be contacted to provide additional advertising support. In order to complete the project, a minimum of $15,000 is required by Twin Cities Business Monthly. Because of the timing of the proposal, we are hampered as the Chamber is publishing a piece as well, creating competition. MEPC American Properties has indicated a willingness to increase its sponsorship to $7,500 to provide 50% of the minimum $15,000. It is therefore proposed that the HRA provide the remaining match of $7,500. Medtronic, Onan and Target will be contacted to provide sponsorship or advertising supporting the piece. A brief outline for the Fridley Special Section of Twin Cities Business Monthly was distributed. The publication will feature Fridley as receiving high marks for fiscal responsibility and progressive vision; a location, labor force and a "can do" business attitude as well as highlight existing corporations such as Medtronic, Target and Onan. The Publishing Agreement with Twin Cities Business Monthly was also distributed. Should advertising and sponsorship revenue fall below projections and the project end prematurely a $2,000 "kill fee" will be assessed to the City. Part of our money will go towards re- prints to be utilized to attract.people to the community. Medtronic did exhibit some interest in becoming a sponsor. MOTION by Ms. Schnabel, seconded by Mr. Meyer, to authorize the executive director to sign the publishing agreement for no more than $7,500 for the 8 page feature of the Twin Cities Business Monthly. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMATION ITEMS• 7 REMODELING PLANBOOK Mr. Fernelius stated Ms. Metzdorff has been the principal in this project. This is a priority identified for 1998. It is important to raise the awareness of remodeling. One of the program challenges is that we are looking for ways to improve the 1950 -style rambler which lacks the modern amenities that people desire. We are proposing to create a remodeling book for four types of ramblers present in Fridley. Perhaps remodeling the kitchen, a master bedroom or adding more living space. The HOUSING & REDEVELOPMENT AUTHORITY MTG OCTOBER 9. 1997 PAGE 14 publication will detail a brief description of plans, code and zoning issues, information on loan program resources, definitions, and whether this is a do- it- yourself project or a contractor project. Staff has revised the figures on this project from $12,000 to an in -house project at a range of $2,500 to $3,000. This could be available for the spring remodeling fair. Ms. Metzdorff has researched and provided a demonstration a typical Fridley rambler dei change in the floor plan. A demonstrated giving a home a appearance. a 3D software for clients to utilize of its use. Ms. Metzdorff displayed nonstrating the software to display a front porch bump -out was also new definition to the outside Mr. Fernelius stated the concept of this program came from the Longfellow Neighborhood Planbook that focused on the bungalow style home. This would be a helpful, hands -on project benefiting many of the residents in Fridley. Mr. Meyer stated he continues to be disappointed in the scope of the work done in the remodeling program. The plan book is useful information but has little or nothing to do with addressing the issue of substandard housing. Mr. Meyer commends the concept of a plan book, a public service to the community. The $55,000 maximum income limit is something Mr. Meyer criticizes in the current program. We must be more realistic in defining our income requirements for this money. Ms. Dacy stated on the other side of-that, realistically when someone is going to the expense of remodeling a kitchen or bathroom, new code requirements are addressed at that time. Therefore some of your objectives are being accomplished. Chairperson Commers inquired if there has been inquiries received? Mr. Fernelius stated he is receiving calls everyday and is optimistic that something is going to happen on some of these. sites soon. Mr. Meyer asked why do we have this $500 non refundable participation fee? The requirements and references seem HOUSING & REDEVELOPMENT AUTHORITY MTG OCTOBER 9 1997 PAGE 15 sufficient since the HRA determines a plan is not acceptable, it does not seem to be a good selling point for our program. If we don't get any real offers, we may want to consider dropping the $500 fee. Are we a little rich in our asking price of our lots? Mr. Fernelius stated we are trying to ensure that folks coming here are serious because staff spends a lot of time meeting with the builder or developer. These fees are collected in Richfield and the builder treats it as a cost of the program. Based on the information Mr. Fernelius has seen, the prices seem to be on the bottom end of the market. The price seems to be fair and there isn't a lot of available land in Fridley. u1; a 0 DY •► On September 24th Margaret Metzdorff submitted her resignation notice as Remodeling Advisor. Her last day of employment is November 4th. Chairperson Commers asked what will we do with Margaret leaving? Mr. Fernelius stated the City is checking with surrounding areas to see if it is possible to share this position. Ms. Metzdorff stated that by offering a full -time position with benefits you can obtain a well rounded applicant with the ability to support other projects during the off season for remodeling. The greatest negative aspect of a sharing situation was to be gone from your position for five days while serving the other city. Mr. Fernelius reported they were aware of this short - coming and would work hard to address those issues. • ic c$ it -. Chairperson Commers asked about the Moore Lake Racquet Club settlement. Mr. Pribyl, Finance Director, stated the assessor has determined, because of the competition in the market with the introduction of Lifetime Fitness taking a major portion of their business, the business has actually decreased. Mr. Commers asked what impact will this have on the tax increment district? Mr. Pribyl will take a look at that and report back. HOUSING & REDEVELOPMENT AUTHORITY MTG OCTOBER 9 1997 PAGE 16 Chairperson Commers mentioned the memo about the Lake Pointe Project and Changes to Intersection by MnDOT. He also asked about the Anoka County Request for Levy Involvement. Mr. Pribyl stated this levy is for Anoka County, not the City. The HRA has acted on the City's levy. Mr. Burns stated Council has completed their action on the levy as well. Mr. Commers asked we have made 52 loans this year? What happens with this Hyde Park area? Mr. Fernelius replied yes, with only 4 to Hyde Park. It comes down to reminding people that the programs are out there. Survey results indicated some are concerned about the condition of their neighborhood and don't want to invest. Ms. Dacy reported, this year we have been tied up with many projects. We do constantly advertise and continue marketing efforts on the program. Chairperson Commers stated this was the specific focus of the program, the rehabilitation of the Hyde Park neighborhood. We need to get a good handle on why we aren't addressing Hyde Park. Mr. Fernelius stated the City has acquired a number of lots in that neighborhood. Redevelopment and investment in the 3 new houses should bring some spin -off. Mr. Meyer added the size of the loans in Hyde Park are significantly lower that those of the others. It must be the money, their income. If we look at this, and are concerned about Hyde Park, are there other ways to "sweeten the pie ", be more liberal, perhaps drop the income limit to a certain point if our objective is to improve the housing stock. Will this accomplish our goal? Mr. Pribyl presented additional expenses needing approval. Vendor Description Amount - Appraisal Engineering Appraisal 1545 75th Ave 275.00 Herbst & Sons Housing & garage removal 6,000.00 Margaret Metzdorff Mileage 57.66 Tautes, Redpath & Co. 1996 Audit 2,542.00 Total: 8,874.66 Mr. Burns reported the demolition expense was for the property located at 5800 2nd Street. MOTION by Ms. Schnabel, seconded by Mr. Meyer to approve the additional expenses as presented by Mr. Pribyl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns reported he is in the process of formalizing a business survey and is distributing to the commissions for their input. OTI N by Mr. Meyer, seconded by Ms. Schnabel, to adjourn the meeting at 10:15 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED AND THE OCTOBER 9, 1997, HOUSING AND REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 10:15 P.M. Respectfully submitted, Debbie Kidder Recording Secretary S I G N- I N S H E E T HOUSING AND REDEVELOPMENT AUTHORITY MEETING, October 9, 1997 Name Address /Business 0 w r 1:z Awl'& 11 -,--< �a' i AJ-d hS- �r55,S MEMORANDUM HOUSING AND REDEVELOPMENT AUTHORITY DATE: November 7, 1997 TO: William W. Bums, Executive Director of HRA� FROM: Barbara Dacy, Community Development Director SUBJECT: Authorize Execution of Consent to Assignment and Acknowledgment, Columbia Park Properties BACKGROUND Columbia Park Properties is building a new facility in Andover. As part of the financing arrangements with its lender, Columbia Park Properties is entering into a Collateral Assignment of Lease and Power of Attorney with the bank. This document assigns Columbia Park's rights and responsibilities as a tenant in the parking lot lease with the Authority (the parking area along 5th street) to the bank in the event Columbia Park defaults under the terms of its loan agreement with the bank. REQUEST The Collateral Assignment requires that the Authority execute a "Consent to Assignment and Acknowledgment". The Consent merely states that the Authority will recognize the bank as the holder of the assignment if necessary. It does not change the Authority's lease nor does it diminish the bank's responsibility to abide by the Authority's lease terms. Casserly has reviewed both documents and has suggested a minor modification to the notification requirements in both documents (see attached letter from Casserly to the bank's legal counsel). V *0161 Til F&I FA N61IT-lu C: Staff recommends the HRA authorize the Chairperson and the Executive Director to execute the Consent to Assignment and Acknowledgment after resolution of the notification requirements as suggested by the Authority's legal counsel. BD/ M- 97-474 11 11/04/97 TUE 14:50 FAX 612 885 5969 BRASS MONROE 002`� a KRASS MONROE, P.A. A T T 0 R N 6 Y S A T L A W ■ James R. Casserly Email jameso@JCraWwnroeosm DireaJ)W (612) 88S -1296 November 4, 1997 VIA FACSIMILE (612) 672 -3777 Ron B. Peterson MESSERLI & KRAMER, P.A. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 Re: Collateral Assignment of Lease and Power of Attorney by Columbia Park Properties, L.L.P. to First National Lender of Elk River Our File No. 9571 -5 Dear Mr. Peterson: On behalf of the Fridley Housing and Redevelopment Authority, I have reviewed the above Collateral Assignment and the Amended and Restated Leasehold Agreement. Our only concern is with Section 12. Lessor Notifications. That section requires an additional notice with an additional time period. Since the Lease does not expire until December 20, 2081, adding additional notice requirements seems to be an unreasonable request given that the HRA has to track hundreds of trawa t►c 'ons (See also Paragraph 3 of the Consent to Assignment). The balance of the Collateral Assignment and Consent to Assignment are acceptable. Please advise. Very truly yours, KRASS MONROE, P A. J es R. Casserly rney at Law JRC \jmm Cc: City of Fridley Attn: Barbara Dacy r,. WPOATA\FIFRMUM4\COIkUSTMON.DOC Suite 1100 Southpoint office Center 1650 West 82nd Street. Minneapolis. Minnesota 55431 -1447 Telephone 612.885.5999 Facsimile 612.885.5969 1A 0G.T. -22' 9 (1+EU) 11:lU )MSEKLI J, MAK IEK ILL.01' b �= r. Ui_ CONSENT TO ASSIGNIN ENT AND ACR' NOWLEDGMENT The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota ( "HRA "), Lessor, hereby: 1. Consents to the foregoing Collateral Assignment of Lease ( "Assignment ") and consents to the collateral assignment to the Lender of all rights and privileges contained in the foregoing Assignment and agrees that in the event the Lender exercises its rights pursuant to the Assignment, the undersigned will recognize the Lender as the holder of the present assignment of Assignor's rights in the Lease in accordance with the terms and conditions of the Collateral Assignment. 2. Acknowledges that the Lease is in full force and effect and that the Assignor is not in default thereunder as of the date hereof. 3. Acknowledges its obligations contained in the Collateral Assignment to provide no less than ten (1 U) days' written notice to the Lender and to provide the Lender an opportunity to cure any defaults of the Assignor under the Lease. Date: October ____, 1997 STATE OF MINNESOTA ) ) ss. COUNTY OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA By: Printed Name: Title: The foregoing instrument was acknowledged before me this day of October, 1997, by the of The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, a Minnesota body corporate and politic, on behalf of the City. Notary Public IK UGI. '.G 7' OiLU1 11 UO t1 )OLALI y 10,. -VILA ILL-U1- V - V -V- COLLATERAL ASSIGNMENT OF LEASE AND POWER OF ATTORNEY COLLATE ASSIGNMENT, by COLUMBIA PARK. PROPERTIES, L.L.P., a Minnesota limited liab lity partnership ( "Assignor ") -to FIRST NATIONAL LENDER OF ELK RIVER, a national banking association ( "Lender ") dated this day of October, 1997 ( "Collateral Assignment "). RECITALS: A. Furs= it to a certain loan commitment dated October 16, 1997 ( "Commitment "), Lender agreed to advance funds to Assignor for the purpose of constructing an office medica I facility and all items necessary to complete and equip the facility on a certain parcel of real property located in Andover, Minnesota (the "Land "). B. Assign r is the fee owner of certain real property located at 6401 University Avenue N.E., idley, Minnesota 55432 (the "Fridley Building "); B. Pursua it to the terms of that certain Amended and Restated Leasehold Agreer ient dated October 14, 1993 ("Lease"), by and between The Housing and Redev lopment Authority in and for the City of Fridley, Minnesota ( "Lessor") and As ignor's predecessor -in- interest, Columbia Park Properties, a Minnesota genera partnership, Assignor leases from the Lessor a portion of real property adj acei t to the Fridley Building, as legally described on the attached Exhibit A (the'? emises "), for the purposes of providing parking to Assignor's employees, invitee and customers. C. Pursua it to the Commitment, Lender has agreed to advance funds upon the execution and de very by Assignor of a Promissory Note in the amount of Three Million Five Hun d Thousand and No /100 Dollars ($3,500,000.00) (the "Note ") executed and deliver d pursuant to a Loan Agreement between the Lender and the Assignor relatin to the advance and disbursement of funds for the construction of the perma4ent improvements to the Premises ( "Loan Agreement "). 1C i1Ci. - ?? 9" Ii1EDl 11 06 �IESSERLI IiRAtiIER TEL : 61? 6 "2 S "a? F,006 D. Pursuant to the Loan Agreement, the Assignor has executed and delivered to the Lender as collateral security for the Note and the sums advanced pursuant to the Loan Agreement, a Combination Mortgage and Security Agreement, Assignment of Leases and Rents, UCC Financing Statements, and other documents as described in the Loan Agreement; the foregoing documents, along with the Note and the Loan Agreement, are herein referred to as the "Loan Documents ". E. Pursuant to the Commitment and the Loan Agreement, the Lender has required that the Assignor, as Tenant under the Lease, assign as collateral security for the performance of the Note and the Loan Documents its interest as Tenant under the Lease. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated; herein, One Dollar ($1.00) and other good and valuable consideration and the advance of funds; pursuant to the Loan Agreement and the Note, Assignor agrees as set forth below: AGREEMENTS: Section 1. Assignment. Assignor does hereby sell, assign and transfer to all of its right, title; estate and interest as Tenant in the Lease, a copy of which is attached hereto as Exhibit "B ", and all options to renew as contained in the Lease, to secure to Lender the repayment of: (i) Initial and future loans made pursuant to the Loan Agreement; (ii) All other liabilities, advances or other sums due or to become due under the Loan Agreement or the Loan Documents; and (iii) Any funds expended 6y Lender to protect the validity of the Lease and the performance of the covenants, agreements and obligations of the Assignor under the Lease; provided, that this Collateral Assignment shall not take effect unless and until there shal l have occurred an event of default as defined in the Loan Documents. Section 2. Collateral Effect. This assignment by Assignor is intended to be a Collateral Assignment and not a present assignment. Lender, at its option and in its sole discretion, may exercise its rights under this Collateral Assignment in the event of a default in the payment or performance of the Note, the Loan Agreement or the Loan Documents, or a default under the Lease. Section 3. Representations_And_Warranties, As an inducement to the Lender to accept this Collateral Assignment as security for payment of the Note and the Loan Documents, Assignor, covenants, represents and warrants with and to the Lender as follows: A. Assignor will not sell, convey, assign, pledge, mortgage, grant a security interese in, or otherwise encumber all or any part of its interest in the Lease without the prior written consent of the Lender. ' B. Assignor has made no other assignment, transfer, conveyance, pledge, mortgage or grant of a security interest in the Tease. C. The execution and delivery of this Collateral Assignment has been duly authoni d by all necessary limited liability partnership governance action applicable to the' 2 1D -?? 9�i11E0i 11:0" lIESSERLI R KRAMER TEL :61? 6 S "S? F.00- Assignor and no approval of or filing with any governmental body, agency or official is required or will affect the validity of the execution and delivery of this Collateral Assigmnent. D. Assignor has good right, title, and interest in and to the Lease and to possession thereunder, and the full legal authority to assign the interest of Assignor under the Lease; no other person or entity has any right, title or interest in and to the Premises. E. Assignor has duly and punctually performed all the terms, covenants and conditions of the Lease on Assignor's part to be kept, observed and performed, F. The Lease is the valid and legal binding obligation. of the Assignor and has not been modified and is in full force and effect as shown on Exhibit "B" attached hereto. G. Assignor covenants and agrees to observe, perform and discharge, duly and punctually, all the obligations, covenants, agreements, terms and conditions of the Lease on the part of Assignor to be kept, observed and performed and to give prompt written notice to Lender of any failure on the part of Assignor to observe, perform and discharge any of the obligations, covenants, agreements, terms, and conditions. H. Assignor covenants and agrees that it shall not agree to any modification, amendment or alteration of the Lease without the advance written consent of the Lender. Section 4. Power of Attomey, Assignor, until payment in full of the Note, and until any sums due under the Loan Agreement and the Loan Documents have been fully paid, does hereby irrevocably make, constitute and appoint the Lender, its true and lawful attorney in fact and in Assignor's name, place and stead to do any of the following acts: A. To exercise, assert and prosecute from time to time, by legal action or otherwise, any and all claims, demands and causes of action arising, directly or indirectly, out of or from the Lease or any amendment thereto, which Assignor may have against the Lessor, its successors or assigns, or any other person or entity, and to settle, compromise and adjust any such claims, including the right to receive any and all monies that may be now or hereafter due and payable to Assignor arising out of any such claim. B. To advance and pay, at the option of Lender, without any duty or obligation on the part of the Lender so to do, any and all sums which the Lender at any time deems necessary or advisable for the purpose of preserving the Lease or the Premises, or of paying, performing or enforcing the Lease, and any sums so advanced or paid by the Lender shall be added to the amount due under the Note and shall be payable or reimbursable by Assignor to the Lender upon its demand, together with interest thereon, from the date of the advance at the rate specified in the Note. C. To do and perform any and all other acts necessary or incident to the performance and execution of the powers herein expressly granted, with power to do and perform 3 1E OC-T. - 2' 9- (WED) 11, 0$ MESSERLI & KR AMER TEL.612 67? 5 "3? P.008 all acts, hereby authorized as fully to all intent and purposes as Assignor might or could do with the full power of substitution. D. It is understood that the above powers given by Assignor to the Lender, including its successors and assigns, may be exercised solely at the Lender's option but without any duty or obligation of Lender so to do. E. All former powers of attorney made by Assignor in respect to the Lease and the Premises are hereby revoked. Section 5. Lease Payment Obligations, Assignor shall remain primarily liable for all rent, taxes, insurance and all other sums due or to become due and payable under the Lease, and for all obligations arising with respect to the Lease or the possession of the Premises by Assignor, prior to the exercise by the Lender of any remedies to perfect its right in the Lease and the Premises. Section 6. Events of Default/Remedies. Assignor agrees that upon default in any payments due or to become due under the Note, the Loan Agreement or the Loan Documents, the Lender may enforce this Assignment without first resorting to or exhausting any other security or collateral given to secure the Note or sums advanced pursuant to-the Loan Agreement; provided, however, nothing contained herein shall prevent the Lender from exercising any other right or remedy under any other document or instrument evidencing or securing the Note, the Loan Agreement or the Loan Documents. Section 7. Waiv r Cumulative Remedies. No failure by the Lender to exercise any of the rights, remedies, terms, covenants and conditions of this Collateral Assignment for any period of time or at any time shall be construed or deemed to be a waiver of any such right, remedy, term, covenant and condition, and nothing contained herein and nothing done or admitted to be done by the Lender pursuant to this Collateral Assignment shall be deemed a waiver by the Lender of any of its rights and remedies under the Note, the Loan Agreement or the Loan Documents, or to derive the full benefit of any rights or remedies granted to the Lender pursuant to the Note, the Loan Agreement and the Loan Documents. The rights of the Lender to collect the sums due pursuant to the Note and the Loan Agreement, to enforce any other security granted therefor or to enforce any other right or remedy under this Collateral Assignment, may be exercised by the Lender upon default, either prior to, simultaneously with, or subsequent to, any such other action hereinabove described, and shall not be deemed an election of remedies. Section 8. Reassignment. In the event the Lender exercises its rights under this Collateral Assignment, the Lender shall have the power and right to reassign its interest under the Lease to any third party without the consent of any person or party, including the Lessor. Such Assignment shall not be subject to the consent of the Lessor. Section-9. Merger. Neither the fact that the Lease may be held, directly or indirectly, by or for the account of any person or entlty which shall have an interest in the fee simple title to the Premises, nor operation of law, nor any other event, shall merge the Lease with the fee simple title to Premises as long as any of the indebtedness secured by the Note, the Loan Agreement and the Loan Documents shall remain unpaid, unless the Lender shall consent in writing to such merger. 4 IF -?1. 9- (1tiED) 11:08 )IESSERLI &. KR MER TEL:612 6-? Section 10. Defeasanee. Upon payment in full of the Note and any sums due under the Loan Agreement and/or the Loan Documents secured by this Collateral Assignment, this Collateral Assignment shall become void and of no further force or effect, and upon the request of the Assignor, and at the expense of the Assignor, the Lender will supply the Assignor with appropriate satisfactions, releases, terminations and discharges of this Collateral Assignment. Notwithstanding the foregoing, any affidavit, certificate, letter or statement of any authorized officer of the Lender stating that any portion of the funds due pursuant to the Note, the Loan Agreement, or the Loan Documents remains unpaid, shall be and constitute conclusive evidence of the validity an or effectiveness in continuing enforceability of this Collateral Assignment. Any person, corporation may and is hereby authorized by Assignor to rely on such affidavit, certificate, letter or statement. Section 11 Exercise of R.i�hts. The Lender may exercise its right under this Collateral Assignment to become the Lessee under the Lease to obtain possession of the Premises and to take possession and control thereof byi providing written notice of the exercise of such right to the Lessor and to the Assignor. Such notice shall be in writing and shall be effective five (5) days after it is deposited in the United States Mail in accordance with the provisions of Section 11 of this Collateral Assignment, or five (5) days after personal delivery to the parties. Section 12. Lessor N�c tifications. Lessor agrees that it shall provide written ould cause a termination the existence of any default by the Assignor pursuant to the Lease which or cancellation of the Lease at least ten (10) days prior to declaring any such cancellation or termination against the Assignor under the Lease. Section 13. Notices. Any notice, demand or other communication given or to be given pursuant to the terms of this Collateral Assignment shall be in writing and shall be delivered by personal service or sent by certified or registered mail, return receipt request, postage pre-paid and addressed as follows: ASSIGNOR: Columbia park Properties, L.L.P. Attn: Spencer Johnson, Executive Managing Partner ! ! 6401 University Avenue N.E. Fridley, Minnesota 55432 I' LEER: ; , First National Lender of Elk River Attn: Robert Smith 1121 West Highway 10 Anoka, MN 55303 or at such other address!within the United States or to the attention of such other personas any party shalt have designated iri writing to the other party in accordance with th e provisions of this Section. Any, notice, demand or other communication United States Mail in accordance Sect on. effective five (5) days! after its deposit into the i II. S ! I• • i 1 I 1G OAT. -??' 9 -(WED) 11 :09 YiESSERLI & [iR AR TEL :612 6 "2 5 "52 P.0410 Section 14. Miscellaneous. A. Successors and Assigns. The terms, covenants, agreements, conditions and warranties contained herein and the powers granted hereby shall run with the land and shall inure to the benefit of, and bind the parties hereto and their respective successors and assigns. B. Governine Law. Assignor expressly agrees that this Assignment is performable in the State of Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota. C. Invalidi . If any provision of this Collateral Assignment or the application thereof to any entity, person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Collateral Assignment and the application of such provision to the other entities, persons or circumstances shall not be affected thereby, and shall be enforced to the greatest extent permitted by law. D. Entire Agreement/Modiiication. This Collateral Assignment contains the entire agreement between the parties hereto pertaining to the subject matter hereof. No variations, modifications or changes of this Collateral Assignment shall be binding upon any party hereto unless set forth in a document duly executed by and on behalf of such party. E. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned Assignor has caused this Collateral Assignment of Lease to be executed as of the day of October, 1997. COLUMBIA PARK PROPERTIES, L.L.P., a Minnesota limited liability partnership By: 6 1H Spencer Johnson Executive Managing partner -22'911(WED) 1109 MESSERLI & KRAMER STATE OF MINNESOTA ) TEL;612 672 3732 COUNTY OF ) The foregoing instrument was acknowledged before me this day of October, 1997, by Spencer Johnson, the Executive Managing Partner of Columbia Park Properties, L.L.P., a Minnesota limited liability partnership, on behalf of the partnership. THIS INSTRUMENT DRAFTED BY: MESSERLI & KRA.MER P.A. (RBP) 1800 fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 (612) 672 -3600 7 11 Notary Public P. 011 ` JCT° -22' 9'(WLED) 1i:10 MESSERLI k KRAMER TEL:612 6 -2 •i j2 r, C!J Leaal Description of Premiseg I 9 i 1J OCT, -??' 9' (WEDi 11:10 MESSERLI R KRAMER TEL :61? 6 -2 5 -32 P. 014 MAT: 3069321 1*14161001 : Amended; and Restated Leasehold Agreement between The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Lessor, and Columbia Park Properties, L.L.P., a Minnesota limited liability partnership, j successor -in- interest to Columbia Park Properties, a Minnesota general partnership, Assignor i 10 1K EXHIBIT B MEMORANDUM HOUSING AND REDEVELOPMENT AUTHORITY DATE: November 7, 1997 TO: William Bums, Executive Director of HRA 0 FROM: Barbara Dacy, Community Development Director Grant Femelius, Housing Coordinator SUBJECT: Consider Acquisition of 1545 - 76h Avenue NE This is a single family home located in the northeast comer of the City on 75' Avenue between Arthur St. and Lakeside Dr. The house, which was built in 1956, is a one story bungalow structure consisting of two bedrooms, a bathroom, a kitchen and an unfinished basement. The house has 720 finished square feet of livable area. There is also a small one -car, detached garage on site. The house was identified as a priority property during the windshield condition study done this past Spring. The house is relatively small in size and has suffered from deferred maintenance, including siding and interior remodeling. The house is also located a considerable distance from the street and doesn't match the building lines of surrounding properties. The house was appraised at $59,900 and is assessed for tax purposes at $61,900 ($27,200 for the land and $34,700 for the building). The owner has agreed to sell for $60,000 which is within the HRH's purchase price guidelines. The median value of surrounding properties is $102,770. If acquired, the house and garage would be tom down and the lot sold for redevelopment. The purpose of this acquisition is to acquire and remove a substandard home which over time will likely decline in both value and condition. As you recall from our previous discussions, the role of the HRA's program is to intervene before blighting conditions spread throughout a neighborhood. Adjoining property owners may be less willing to invest in their own homes if housing conditions continue to decline. Because the house is not considered hazardous, there is very little the City can do from a code 2 Acquisition Memo November 7, 1997 Page 2 perspective to improve the property. Further, due to the condition, floor plan, and location on the lot, there are few economic reasons to invest rehab dollars into the home. We should also mention that at the June 12, 1997 HRA meeting staff reviewed a new acquisition policy in which the HRA can acquire properties using the following criteria: 1. The property is substandard in condition. 2. The home is occupied. 3. The owner is willing to sell. 4. The purchase price falls within the HRA's negotiation guidelines: Attached is a site map showing the location of the property and several pictures of the home. This would be a voluntary sale and the owner would not receive any relocation benefits. •ilu 9 AKORII Staff recommends that the HRA approve the purchase of 1545 -75' Avenue NE from Kurt D. Jones for $60,000. Further the Executive Director is authorized to sign all documents necessary to complete the purchase. GF/ M- 97-470 2A fl N/!VlII�! Af DIVI IZ IZ > P17 nvmv, F-2 2/ j °`�36 R 2 3M� �z w W� I•' (700) e 19 psi -9 6 J,� .� E ilf 6 /9 1b) ,1)3 %3 ° � 61 y � co l// ^ v LjA Js 14 0 gg w Zoo 4 6110 .►�' ASMGA cum*) (tic) Pk K DIKE 6� y S1 wY r ITOR' S (od A Yr of Fid(ryr /in (�) ` 2 3 j ' 2 W D R 7 .o/ \%4 it Cr ON EGA °I STREET s_ . N APPRAISAL ENGINEERING BUREAU INC. PLAT MAP Af DIVI APPRAISAL ENGINEERING BUREAU INC. PLAT MAP Af ,. APPRAISAL ENGINEERING BUREAU INC. PLAT MAP { AL f �°4•$A• y��mw ': s7„e x,�L -a- iz 9 +f, ti � `` • A^ � �'d. yid e r �F' a r { 4 ! � i ! { AL f �°4•$A• y��mw ': s7„e x,�L -a- iz 9 +f, ti � `` • A^ � �'d. yid e r �F' a r { 4 ! � i s JONES RESIDENCE 1545 75th Avenue NE Fridley, Minnesota EXTERIOR SUBJECT PHOTOGRAPHS 3. Rear of Subject - Northwest Corner 4. Subject's Front Yard Viewed Southeasterly APPRAISAL ENGINEERING BURSA U INC- -21- 2D t j �t 4. Subject's Front Yard Viewed Southeasterly APPRAISAL ENGINEERING BURSA U INC- -21- 2D >. MEMORANDUM HOUSING REDEVELOPMENT AUTHORITY DATE: November 7, 1997 William Bums Executive Director of HRA TO. (r� FROM: Barbara Dacy, Community Development Director Grant Femelius, Housing Coordinator SUBJECT: Resolution Certifying Parcels for Phase II of the Housing Replacement Program On October 23, 1995 the HRA created a Housing Replacement District Plan for Housing Replacement District No. 1. The Housing Replacement Program is a financial tool for the HRA to use in recouping some of the costs of acquiring and redeveloping substandard residential property. The HRA can collect tax increment from the new home for a period of fifteen years. The program allows the HRA to designate up to ten sites per year over a ten year period. No more than fifty sites can be included in the program. This arrangement gives the HRA the greatest flexibility to assemble a sufficient number of sites for certification at onetime. For example, in 1996 the-HRA had depleted its inventory of sites and therefore did not certify any sites into the program. Eight sites were designated in Phase I in 1995. This year we are proposing to include five more sites which will make a total of thirteen parcels. Once the sites are designated by the HRA on November 13, 1997, the City Council must also approve a separate resolution at their meeting on November 24, 1997. The list is then sent to the County for final certification. The Phase II parcels include the following: 530 Hugo St. NE 1545 - 75v' Avenue NE 5925 Main Street NE 3 Housing Replacement Program Memo November 7, 1997 Page 2 5857 Main Street NE 5800 2 "a Street NE The sites are currently offered for sale and will likely be developed in 1998. As a result, the property value for tax purposes would be determined as of January 1, 1999 for taxes payable in 2000, the first year increment would be generated. Jim Casserly has prepared a resolution for the HRA to approve, a copy of which is attached. IVX•1i �- • Staff recommends that the HRA approve the resolution certifying parcels for Phase II of the Housing Replacement Program. GF/ M- 97-471 3A r s i 11/06/97 THU 14:05 FAX 612 885 5969 BRASS MONROE 0 002 KRASS MONROE, P.A. ATTORNEYS AT LAW ■ James R. Casserly Email jamesc@krassmonrce -com Direct Dial (612) 885 -1296 MEMORANDUM To: City of Fridley Attn: Grant Femelius, Housing Coordinator From: James R. Casserly Date: 11/06/97 Re: Phase H of Housing Replacement Program Our File No. 9571 -13 Enclosed please find the following. 1. A proposed Phase II for your Housing Replacement Program including maps, estimated project cost and estimated impact. 2. A Resolution authorizing adoption of Phase II by the Authority. Given the new class rates, we are estimating that the potential tax increment resulting from the inclusion of the properties in Phase II will amount to approximately $5,615.50 per year. Over 15 years, which is the length of time the Authority may collect the tax increment, the Authority should receive in excess of $84,000 for its Housing Replacement Program activities. If there are any additional questions or problems, please give us a call. JRCrmm Encl. G.WMATAWR 0LM13%COR*MJRC.00C SURE 1100 SOUTHPOINT OFFICE CENTER • 1650 WEST 82ND STREET • BLOOMINGTON, MINNESOTA 55431 -1447 TELEPHONE 61205 -5999 • FACSNALE 612105.5969 3B 11/06/97 THU 14:06 FAX 612 885 5969 BRASS MONROE 9 003 ARTICLE III PHASE II Section 3.1. Syecific Development Activity. As of November 24, 1997, the Authority intends to enter into the following proposed development activities for this Phase: acquire and redevelop the properties at 530 Hugo St NE, 5925 Main St. NE, 5857 Main St. NE, 5800 tad St. NE, and 1545 75`h Ave. NE. Section 3.2. Estimated Proiect Costs. The estimated Project costs for this Phase are listed on Exhibit I -A. Section 3.3. Estimated Market Value. The estimated market value for each housing unit. in Phase II can not exceed 150% of the average market value of single family housing in the City. As of January 2, 1997, the average market value is $94,282 and 150% of that number is $141,000. Upon completion of Phase II, the market value of the housing units included in Phase II are estimated to be between $95,000 and $110,000. Section 3.4. Original Tax Capacity. The original tax capacity for this Phase, as most recently certified by the Commissioner of Revenue on January 2, 1997, is estimated to be $1,214. Section 3.5. Estimated Captured Tax Capacity. Upon completion of the proposed development activities, the estimated captured tax capacity of this Phase, on January 2, 1999, is estimated to be $4,941. Section 3.6. Original Tax Capacity Rate. The blended pay 1997 tax capacity rate is 113.651% (City 15.242; County 30.091; the average of Other 6.676 and Other 7.950; and, the average of ISD #1155.588, ISD #14 66.159, and ISD #16 61268). See Exhibit I -B for itemization. Section 3.7. Estimated Tax Increment. Tax increment for this Phase has been calculated at approximately $5,615.50 assuming a static tax capacity rate and a valuation increase of zero percent (0 %) compounded annually. Section 3.8. Duration Limits. Tax increment from this Phase is payable to the Authority for fifteen (15) years from the date of receipt of the first tax increment. Assuming the first tax increment is received in 2000, this Phase will terminate in 2014. Section 3.9. Identification of Parcels. The parcels to be included in this Phase include: 3 -1 3C 11/06/97 THU 14:06 FAX 612 885 5969 RRASS MONROE Q004 03- 30 -24 -23 -0085 23 -30- 24-22 -0080 23- 30 -24 -23 -0102 23- 30 -24 -23 -0095 12- 30 -24 -11 -0071 530 Hugo St. NE 5925 Main St. NE 5857 Main St. NE 58002 nd St. NE 1545 75'h Ave. NE and are illustrated on the attached Exhibit III — A. 3 -2 3D .l :�i -...,� . . (✓ 11/06/97 THU 14:07 FAX 612 885 5969 BRASS MONROE R006 .W MOW ESTIMATED PROJECT COSTS TOTAL PROJECT COSTS AS OF OCTOBER 23, 1995 Site Acquisition $2,000,000 Relocation $ 250,000 Demolition $ 2002,000 Site Preparation $ 250,000 Pollution Abatement $ 125,000 Public Improvements $ 125,000 Administrative Expense $ 125,000 Total District Project Costs $3,075,000 PHASE I PROJECT COSTS AS OF OCTOBER 23, 1995 Site Acquisition $ 50,300 Demolition $ 17,200 Site Preparation $ 2,000 Pollution Abatement $ 2,000 Administrative Expense $ 10,000 Total Phase I Project Costs $ 181,500 PHASE II PROJECT COSTS AS OF NOVEMBER 24, 1997 Site Acquisition $295,000 Demolition $ 56,000 Site Preparation $ 2,500 Administrative Expenses $ 6,500 Total Phase II Project Costs $360,000 I -A -1 3F 11/06/97 THU 14:08 FAX 612 885 5969 BRASS MONROE 2 007 EXHIBIT I -B ESTIMATED IMPACT OF HOUSING REPLACEMENT DISTRICT NO. 1 PHASE II ONLY IMPACT ON TAX BASE IMPACT ON TAX RATE TAX ORIGINAL ESTIMATED CAPTURED DISTRICT RATE TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL City of Fridley 27,404,055 1,214 6,155 4,941 .0.018% County of Anoka 181,392,020 1,214 6,155 4,941 0.003% ISD #11 1,184,407 1,214 6,155 4,941 .0.417% IMPACT ON TAX RATE Assumes construction would have occurred without the creation of Phase If of Housing Replacement District No. 1. If construction is a result of Phase 11, the impact is $0. 3G TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Fridley 0.15242 14.17% 753 0.003% County of Anoka 0.30091 27.97% 1,487 0.001% ISD #11 0.55588 51.66% 2,747 0.233% Other 0.06676 6.20% 330 1.07597 100.00% 5,316 Assumes construction would have occurred without the creation of Phase If of Housing Replacement District No. 1. If construction is a result of Phase 11, the impact is $0. 3G if 11/06/97 THU 14:08 FAX 612 885 5969 RRASS MONROE EXHIBIT I -B ESTIMATED IMPACT OF HOUSING REPLACEMENT DISTRICT NO. 1 PHASE II ONLY IMPACT ON TAX BASE 2008 IMPACT ON TAX RATE TAX ORIGINAL ESTIMATED CAPTURED DISTRICT RATE TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL City of Fridley 27,404,055 1,214 6,155 4,941 0.018% County of Anoka 181,392,020 1,214 6,155 4,941 0.003% ISD #14 12,054,839 1,214 6,155 4,941 0.041% IMPACT ON TAX RATE * Assumes construction would have occurred without the creation of Phase II of Housing Replacement District No. 1. If construction is a result of Phase II, the impact is $0. I -- - 3H TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Fridley 0.15242 12.90% 753 0.003% County of Anoka 0.30091 25.46% 1,487 0.001% ISD #14 0.66159 55.99% 3,269 0.027% Other 0.06676 5.65% 330 1.18168 100.00% 5,839 * Assumes construction would have occurred without the creation of Phase II of Housing Replacement District No. 1. If construction is a result of Phase II, the impact is $0. I -- - 3H 11/06/97 THU 14:08 FAX 612 885 5969 BRASS MONROE 9 009 EXHIBIT I -B ESTIMATED IMPACT OF HOUSING REPLACEMENT DISTRICT NO. 1 PHASE II ONLY IMPACT ON TAX BASE IMPACT ON TAX RATE TAX ORIGINAL ESTIMATED CAPTURED DISTRICT RATE TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL City of Fridley 27,404,055 1,214 6,155 4,941 0.018% County of Anoka 181,392,020 1,214 6,155 4,941 0.003% ISO #16 8,669,981 1,214 6,155 4,941 0.057% IMPACT ON TAX RATE * Assumes construction would have occurred without the creation of Phase II of Housing Replacement District No. 1, if construction is a result of Phase II, the impact is $0. 31 TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Fridley 0.15242 13.31% 753 0.003% County of Anoka 0.30091 26.27% 1,487 0.001% ISD #16 0.61268 53.49% 3,027 0.035% Other 0.07950 6.94% 393 1.14551 100.00% 5,660 * Assumes construction would have occurred without the creation of Phase II of Housing Replacement District No. 1, if construction is a result of Phase II, the impact is $0. 31 11/06/97 THU 14:08 FAX 612 885 5969 KRASS HONROE Zola HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE HOUSING REPLACEMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. I TO INCLUDE PHASE II BE IT RESOLVED by the Board of Commissioners (the "Commissioners ") of the Housing and Redevelopment Authority In and For the City of Fridley (the "Authority ") as follows: Section 1. Recitals. 1.01. It has been proposed that the Authority amend the Housing Replacement District Plan (the "Plan') for Housing Replacement District No. 1 (the "District ") to include Phase II, pursuant to and in accordance with Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47, inclusive, as amended and supplemented from time to time. 1.02. The Authority has performed all actions required by law to be performed prior to the approval and adoption of an amended Plan. 1.03. The Authority hereby determines that it is necessary and in the best interests of the City and the Authority at this time to amend the Plan for the District to include Phase H in order to further achieve the Authority's and City's goal of acquiring blighted, undeveloped or underdeveloped parcels for redevelopment or rehabilitation, and for resale as market rate housing. Section 2. Findings. 2.01. The Authority hereby finds that the adoption and implementation of the amended Plan is necessary to assure the development and redevelopment of market rate housing within the City. 2.02. The Authority hereby finds that the amended Plan conforms to the comprehensive plan of the City for the development and redevelopment of the City as a whole. 2.03. The Authority hereby finds that the amended Plan affords maximum opportunity consistent with the sound needs of the City as a whole for development and redevelopment within the District by private enterprise. 3J 11/06/97 THU 14:09 FAX 612 885 5969 RRASS MONROE Roil Page 2 - Resolution No. 2.04. The Authority hereby finds that the approval and adoption of the amended Plan is intended and, in the judgment of this Authority, its effect will be to promote the public purposes and objectives specified in the Plan. Section 3. Approval and Adoption of The Amended Plan. 3.01. The amended Housing Replacement District Plan for Housing Replacement District No. 1 to include Phase H is hereby approved and adopted by the Commissioners of the Authority. Section 4. Filing of Plan. 4.01. Upon approval and adoption of the amended Plan, the Authority shall cause said amended Plan to be filed with the Minnesota Department of Revenue. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS DAY OF _V1997. LAWRENCE R. COMMERS - CHAIR ATTEST: WILLIAM W. BURNS - EXECUTIVE DIRECTOR G:\ WPOATA \F \FRIDLEY \13 \DOC \RRARESII.DOc 3K TO: FRIDLEY H.R.A FROM: CITY OF FRIDLEY RE: BILLING FOR ADMINISTRATIVE AND OPERATING EXPENSES OCTOBER 1997 Account Vs for HRA's Use ADMINISTRATIVE BILLING: ADMINISTRATIVE PERSONAL SERVICES ADMINISTRATIVE OVERHEAD COMPUTER OVERHEAD (For Micro & Mini computers) TOTAL ADMINISTRATIVE BILLING: 460- 0000 - 430 -4107 OPERATING EXPENSES: USPS - POSTAGE 262- 0000 - 430 -4332 US WEST - PHONE 460 - 0000 - 430 -4332 USPS - POSTAGE 460- 0000 - 430 -4332 TOTAL OPERATING EXPENSES: BENEFITS EXPENSES: Account Vs for CR City's Use Code 20,394.75 101 - 0000 - 341 -1200 H1 284.13 101- 0000 - 336 -3000 HA 206.26 101- 0000 - 336 -3000 HA `"ESCI 41.51 236 - 0000 - 336 -3000 45.67 236- 0000 - 336 -3000 61.93 236 - 0000 - 336 -3000 149.11 CITY OF FRIDLEY - HEALTH INS 262 -0000 -219 -1001 742.36 236 - 0000 - 219 -1001 CITY OF FRIDLEY - DENTAL INS 262- 0000 - 219 -1100 45.06 236 -0000- 219 -1100 CITY OF FRIDLEY - LIFE INS 262- 0000 - 219 -1200 7.00 236- 0000 - 219 -1200 TOTAL BENEFITS EXPENSES: 794.42 TOTAL EXPENDITURES - OCTOBER 1997 File: \EXDATA\HRA \TIF\97BILL.xis Details u HA HA HA 11 12 13 W S i 0 W 6 00 0. z a- oe � R W � � t � Z O 000 M OPO O S 00 2 P.- s O s �T 00 It � W � U W � OC � t � U � W � � O � a i c L- 90 c a, 0 LU c c W H � � � � L O O J cc m W J a/ ♦+ i+ N M- W W N u O u i+ O O 4 07 i+ � < M O J U V V t U 4J 4J z_ 0- ° @7 aDi C as C a N W i IX i 0 H N N 0 C a+ LU U N U- IL x 01 O. S Z O gum- V U U U. N J O O O O O Q p m W lz d i 2 i O N a0 O P N N N N CK •W � � � M � .O .O •O •O U O O O O O O 6 i O O O O M O 10 U i i 1 1 1 1 N N N N O N N N N a N N N Y U) (A � ►- M _ N W 41 P O \.J J J W Ln OO J _j _j U 1 O .— W W W . W %O t OC 01 01 o OC W ti to a < i U' >- Y p e- O Co Cc w O� OCF -ppO i Q0 1 \ \ \ \ \ \ C \ M W 2 .-. W W . Ot H O O O O O O O U W W p OC W g.. Z Q O u O C 2 N A OIC Q W O O O O O O aaa n.aa ° °°C, °CD ve Imadw io o o o (B ; m a °C Q O Kn F P- O � n. P or c� H H as U E � 1 all la� .:-Wal m �.. N .. i:N v v fY V vf0r O ;tQ C -.y. p� Cp c�aap0pD �cA� ppp �p fV carDf p_ toy �pO tccOi �cpp �f1 pp pp It.::Ri CY) 00 NN OWN f �OfO O N OtnO tO��t�O�tt)� �aCOOtOti aOO �. ::�::: fh O e r <D N OF ' 64 r In r 00 O 1`( � NfO) � � O 4 � � 6.). Ok 613, V! EH _ O O 0§ O O O O 00 O O 00 f- O 00 O O O O O 00 O O O � f0 O � ^ r I- r N Lf FA 0 W Z� W U j O -� w m Jo r N w D Q ti � r } ZI O Q� cti w C m v O Q C z 5 V 3 zd W `g °N 0 LLI N N 0 C I` N a LO r O � w tl l0 LU 0 C E O O In §0 O O O O g g O O E 0 0 0 0 0 0 0 0 0 0 m �: H Ij� Vr °�� 'V� It sue- No I � � Z r' N 6 _ SO 0) al r 0 M O O p O Nr N tOCh�p�aD ~IN N m � C) r (R r- 9 2 � 10 9s ST 0- 6 N� ta c O U r c 04 V7 m a � a 61), c ` � rn o 0 BOO O�O� 2— IA N Mtpa -ON r�OMO)'�tNln In�(O.- p(OV� to cOVf 0 O N N .- t0 a0 r of 69 r l0 fr- Go)- ba r N rA u► ass %, .102, er> N aN0 Q N m N to /A N tH V3, � O .. } 0 m Z q� c p y W Z . , 0F O L O n m c1 Z t zoo cn N m o rr a 9 6 do . o <a. o UA _$ $ ;m a it � m � CL CL CL v (0co(DU)20am � G� a co yr` r Z 4B m O Q U Q r I oOtCt0 .0O0VOP•V•OPI-+Ii-OOt�OOOMOMrIN N O 1 z i OOV•O.0OOm0PMM'10, 4No0,0000M0O tMM N .. . . ... . ° 1 o 1 0Onof�NNr-ONowb�c�aiciOOa� ah;or•i�i•+mti v i z 1 r-10m00vN0VPr m0%r,OmmN.4 v0W,0 r 0 W i a i Ni ioo DVMMNW 14) VV0Zam.i P.imP O 1` Q f I MVI.0 t+iVMM N NMV++0 V V N m CL I c CJm M Nh7 0 0 0 E i f w i f A 1 i O t i U I t Y f i z I m i I z'6 z w-j ¢x w>- f E Z> > in FaF < >CL I i WOOFw 0>-0 a rL» Oo W I i >HCLN tnzwxwwn Z w WO aumw z' J I I H •OO ZO F HWr CL Ct ❑ Q r a FFN Hr Q I I UZoe 0 0 x z 0 a 0M CL x)-XZi- aP r I 1 0WHz-1 .d SHH Ix w HwW"a.WJ O i 1 r- CL N W LL O7EWWWHFZ >mOczeme F i I mw \ UVEWWILIXW ZHWXZO. S\� i I zx0>. HPwwZ Wwxxf -wxxnH -L)>-,X w E i OHO0W > Oi- AOYf- AiLIW.i�AON YZNW I u f f V \SmJ a SJ mm wQS CLJWQJZ z I E OW OQ wZ0¢ 1 0400 a i tSQ APLAL'I Q i z i .iWW I H W0QXw> -zxFr uowzZJZ I I O i I wAZiYF H UaFODUUwzzAH QOJCCN i H i JIL"0W"JF;(iwHHHJH00f+ HHMWWZU¢fLw W I F! a '31-4 AQLHp 13U 1 1 1 1 IL J33JH I L9 A: r E G 1 N�0 F- 0 LCJ HJJJJ XJ OOLLnww Q 1 H i H > -Ho<LW O...>- WjJJJ0QH > -3: aJUX A f iE ! aNFJQ JJL*+OFFOf�iOOHrC�i- f`M QH i U I WZHOW•0 QECCHUCL CL LC CL HW tirWJ 1 N f CL CoxJ010ZH>- UW>- FF>-O¢FUwOF LLJw I w i u. O W H P O H w¢ J¢ Q 6 a mu Z N N 3 W H a i A i aJiAax WCci.towCL0_CLU.MOOM¢NWNNEiL } I W >- .Pi i I \ i 1 C O O 1 Ya I riNM 0%0 Nmv0100,O.+Nmv010r H O I UW i mmmmmDlom mol0- 0`P0`0`PPOOOOOOOOOO CC r I wx i VVVV. 4TVVVVV •VV•VVVVVvh7h7h7h7h7O000 w 1 S Z I b •0 •0 •0 •0 ,0 •0 •0 •O .0 •0 •0 •0 •0 •0 %0 10 -O •0 •0 10 •0 10 •0 •0 10 10 CL a I Uz 1 NNNPIC�NNNNNNNNf 'JtJCdN07NiSJNCiC1NNNt`! } w \ COL I a 1 I z z ce L i i .z0~ 0 o z c°c CL I i ZHZ W UN� N z i I H >QO J D W:3 z > Q z0U x0 Urew z O 1 1 �wJ O FJ zr> wN J Z I W.GL)HFU 1-0 �Fiwcw.6, -- L3 U0 F i I CC zmw•6 z :3z J a z ZF • w H N WILA }H H Ha3¢CC I L=T.�NO¢2H L.�M zZOHUUfLN L> a E i xOUtYrCL. owm HW WCC003 HUA.0 f t I I C CO- CFW O NMH O<WO zSNaa rHSZW"L I ZN >S CL 17 XW a I 3 zw Zzaw rF ¢ILFWYwar WHWWE r I W I w Co wo HW¢CLHWaz HQ F a z 1 Z t LY (if N CC UCCX1:JCC aCC000C ZWWX w 1 a 1 Jas 4 z x0 CM0Z S H >XZLL S I z i QIL •d lL O UA r L.¢ Wcd HIL0W CL 1 ! N > CLNL ra> CL¢OF >- }w0. r ZCC O I LY I HCCWFOw W •W O NNCCNWWN Q O Id -11 O I awJt 000 JrJLI.W wwWiLJJOJ >YNA CI W 1 R 1 cc 0NFN Q a F Z3FWAA QO ON > I z E ti .ZHiCF�aSHUHNiCUZCLZJHHAWZaQrS •0 W 1 W I �].wa WQLCWLY •uC •Q •HOwxxaDnzzxWw O A I > I coW it- XMLLHELZSHZZUWILLLSHHYYEN .it 0L I I z I N Q I 1 O M CEO I I i`Nr ��Nti1`r`Nr r NNNNNrr �t`NNr N>`N LDM 0- 01 0, PP0, 0. 0. 0- P0. 0. 0, 0, 01 01 0,P PPPPP A IYWI O• PPPPPPPOPPPPPPPPPPPPPPPPPPP w s >. I U r I a ..j .+ .4 .y .r .4 M .t .4 M If .t .+ .i .� .i .+ .i .t CLaWIWaf \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \\ Q0LJ 1 SA 1 Nr rr Nr r•rr•rNr r rNNtiNr r rNNtir N 0.00 I U 1 000000000000000000000000000 w O �-+ I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Q. W LL. I I rl H .4 rf .1 vi .i M rl .i .i .i vi rl Lei .i rl rt .1 tt rl .i ni ri ri rl .i MEMORANDUM HOUSING REDEVELOPMENT AUTHORITY DATE: November 7, 1997 TO: William W. Bums, Executive Director FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Execution of Second Amendment to Contract for Exclusive Negotiations, MEPC American Properties The HRA approved the First Amendment to the Contract for Exclusive Negotiations on August 14, 1997 to extend the terms of the agreement to November 1, 1997. A Second Amendment is necessary to provide staff and MEPC with additional time to complete the negotiations for the development agreement for construction of the one story 100,000 square foot office /showroom building at the west end of the site. MEPC presented a preliminary site plan to staff on November 5, 1997 (attached). MEPC will be required to plat the property and complete the required land use approvals. A tentative date for construction was set for April 1, 1998. The Second Amendment extends the terms of the original contract to January 31, 1998. A development agreement will be prepared and scheduled for HRA consideration at its January 1998 meeting. 1 -001IF �Ia Staff recommends the HRA approve the attached resolution authorizing execution of the Second Amendment to the Contract for Exclusive Negotiations. .0 M- 97-475 E k1/06/97 THU 10:37 FAX 612 885 5969 KRASS MONROE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY COUNTY OF ANOKA, STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO THE CONTRACT FOR EXCLUSIVE NEGOTIATIONS BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY AND MEPC AMERICAN PROPERTIES, INC. 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 It has been proposed that the Authority enter into a Second Amendment to the Contract for Exclusive Negotiations (the "Amendment") with MEPC American Properties, Inc. (the "Redeveloper "). Section 2. Fes. 2.01 The Authority hereby finds that it has approved and adopted a development plan known as the Modified Redevelopment Plan for its Redevelopment Project No. 1 (the "Redevelopment Plan ") pursuant to Minnesota Statutes, Section 469.001 et sec 2.02 The Authority hereby finds that it has approved and executed a Contract for Exclusive Negotiations between the Authority and the Redeveloper effective as of December 1, 1995 and a First Amendment to the Contract effective as of August 13, 1997. Section 3. Authorizations. 3.01 The Chairman and the Executive Director (the "Officers ") of the Authority are hereby authorized to execute and deliver the Second Amendment when the following condition is met: . Substantial conformance of a Second Amendment to the Second Amendment presented to the Authority as of this date with such additions and modifications as the Officers may deem desirable or necessary as evidenced by the execution thereof; Adopted by the Council of the City this day of , 199—. ATTEST: Executive Director G:\ WPDATA \F \FRIDLEY \14 \DDC \2AMENRES.DCC Chairman �E- 0007 11/06/97 THU 10:36 FAX 612 885 5969 BRASS MONROE R002 EXECUTION: November 13, 1997 SECOND AMENDMENT TO THE CONTRACT FOR EXCLUSIVE NEGOTIATIONS By and Between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA And MEPC AMERICAN PROPERTIES, INC. This document was drafted by: Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, Minnesota 55431 James R. Casserly 5C 11/06/97 THU 10:36 FAX 612 885 5969 BRASS MONROE Q003 SECOND AMENDMENT TO THE CONTRACT FOR EXCLUSIVE NEGOTIATIONS THIS AGREEMENT is made on or as of this 13th day of November, 1997 by and between the Housing and Redevelopment Authority in and for the City of Fridley, having its principal offices at 6431 University Avenue N.E., Fridley, Minnesota, 55432, and MEPC American Properties, Inc., a Delaware corporation with its Minnesota office at 1550 Utica Avenue South, Suite 120, Minneapolis, Minnesota 55416. WITNESSETH: WHEREAS, the Authority and the Redeveloper entered into a Contract for Exclusive Negotiations effective as of December 1, 1995 and a First Amendment to the Contract effective as of August 13, 1997 (collectively the "Contract" - Capitalized Terms not defined in this Agreement are defined in the Contract); and WHEREAS, the Authority and Redeveloper desire to amend the Contract to further the purposes set forth therein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties hereby agree as follows: Section 1. First Amendment Voided. The First Amendment to the Contract is hereby declared null and void. Section 2. Termination Extended. A. Section S.1B of the Contract is hereby deleted. B. Section 5.1C of the Contract is amended by deleting "August 1, 1997' in the second line and substituting in its place the following: "January 31, 1998 ". Section 3. Agreement Supersedes Contract. The terms and conditions contained in this Agreement shall supersede any conflicting provisions contained in the Contract. IN WITNESS WHEREOF, the Authority has caused this Second Amendment to the Contract for Exclusive Negotiations to be duly executed in its name and behalf and the Redeveloper has executed this Second Amendment to Contract for Exclusive Negotiations on or as of the date first above written. 5D 11/06/97 THU 10:37 FAX 612 885 5969 KRASS MONROE Q 00A Dated: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA By Its By Its STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) On this day of , 199_ before me, a notary public within and for Anoka County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public G:\ WPDATA \F \FRIDLEY \14 \DOC \2AMENCON.DOC Authority Signature Page Second Amendment to Contract for Exclusive Negotiations 2 5E 11/06/97 THU 10:37 FAX 612 885 5969 BRASS MONROE 9 005 Dated: MEPC AMERICAN PROPERTIES, INC. By: Its: By: Its: STATE OF ) )ss COUNTY OF ) On this day of , 199 before me, a notary public within and for County, personally appeared _ and the and of MEPC Properties, Inc., a Delaware corporation, and acknowledged the foregoing instrument on behalf of said corporation. Notary Public G:\ WPDATA \F \FRIDLEY \14 \DOC \2AMENCON.DOC Redeveloper Signature Page Second Amendment to Contract for Exclusive Negotiations 3 5F 11/06/97 THU 10:37 FAX 612 885 5969 KRASS MONROE 9 006 SCHEDULE A 5G EXECUTION: December 1, 1995 CONTRACT FOR EXCLUSIVE NEGOTIATIONS THIS AGREEMENT, effective as of this 1st day of December, 1995 is between the Housing and Redevelopment Authority in and for the City of Fridley, having its principal offices at 6431 University Avenue N.E., Fridley, Minnesota, 55432, and MEPC American Properties, Inc., a Delaware corporation with its Minnesota office at 1550 Utica Avenue South, Suite 120, Minneapolis, Minnesota 55416. WHEREAS, the Redeveloper is proposing to develop the area identified on the map attached as Schedule A and is requesting that the Authority negotiate exclusively with the Redeveloper while the area is being studied, designed and marketed. WHEREAS, the Authority is willing to negotiate exclusively with the Redeveloper provided certain conditions described below are met. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Section 1.1. Definitions. In this Agreement unless a different meaning clearly appears from the content: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "City" means the City of Fridley, Minnesota. "Council" means the Council of the City. "Marketing Plan" means the program to market the Redevelopment Project. The Marketing Plan is further described on Schedule B attached to this Agreement. "Master Plan" means the plan detailing the overall development of the Redevelopment Project as a corporate office park with a commercial component on the Commercial Tract. The Master Plan shall be prepared by the Redeveloper and approved by the Authority and the City. "Minimum Improvements" means as follows: A. For the Office Tract it is the construction of Class A office buildings of not less than 50,000 square feet SH and containing not less than three stories for each building. The office buildings may contain some ancillary space for service retail that is needed to promote and develop a Class A corporate office park. B. For the Commercial Tract it includes any use described for the Office Tract and further includes commercial uses such as restaurants, banks, day care centers, hotels, medical clinic, convention center and service retail but not general retail. "Party" means a party to this Agreement. "Purchase Price" means the amount to be paid by the Redeveloper for the Redevelopment Property. The Purchase Price for the Office Tract shall be an amount equal to fifty percent (50%) of the market value established by an independent appraiser selected by mutual agreement of the Authority and the Redeveloper, provided that the appraiser shall have determined the value within nine (9) months of the date of closing. Only the first building in the Office Tract will be eligible, provided that the building does not exceed 80,000 square feet, for the Purchase Price described above. Since subsequent buildings in the Office Tract will have structured parking, the Purchase Price shall be ten dollars ($10.00) for each parcel. The Purchase Price for parcels in the Commercial an amount equal to seventy -five percent (750) of established by an independent appraiser selected agreement of the Authority and the Redeveloper, appraiser shall have determined the value within of the date of closing. Tract shall be the market value by mutual provided that the nine (9) months "Purchase Price Payments" means payments received by the Authority for the Purchase Price. "Redeveloper" means MEPC American Properties, Inc., a corporation organized and existing under the laws of the State of Delaware. "Redevelopment Contract" means the Contract for Private Redevelopment described in Section 4 of this Agreement. "Redevelopment Project" means the Redevelopment Property and the Minimum Improvements. "Redevelopment Property" means the real property described in Schedule A of this Agreement. That portion to the west compromising approximately 24.56 acres shall be referred to as the Office Tract. That portion to the East comprising approximately 8.21 acres shall be referred to as the Commercial Tract. 2 51 "State" means the State of Minnesota. "Tax Increment" means only that portion of the real estate taxes paid solely with respect to the Redevelopment Property (which is part of the property in the Tax Increment District) and which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 - 469.179. "Tax Increment District" means Tax Increment Financing District No. 6 created by the Council in connection with the Redevelopment Program. "Tax Increment Plan" means the tax increment financing plan adopted by the Authority in connection with the creation of the Tax Increment District. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, Acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit which directly result in delays. Section. 2.1. Representations by the Authority. The Authority represents as follows: (A) The Authority is a public body duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (B) The Authority is the fee owner of the Redevelopment Property (C) The Authority shall use all Purchase Price Payments to reimburse the Redeveloper for the costs of structured parking in the Office Tract. Section 2.2. Representations by the Redeveloper. The Redeveloper represents as follows: (A) The Redeveloper is a Delaware corporation, organized and existing in good standing under the laws of Minnesota, is authorized to transact business in the State, has duly authorized the execution of this Agreement and the performance of its obligations hereunder, and neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and 3 51 conditions of this Agreement will constitute a breach of any obligations of the Redeveloper under the terms and conditions of any indebtedness, agreement or instrument of whatever nature to which Redeveloper is now a party or by which it is bound, which breach will materially adversely affect the ability of Redeveloper to perform its obligations under this Agreement. (B) The Redeveloper's mission for this Redevelopment Property is to develop multi- tenant, multi -story office buildings with support services commensurate with successful office parks. (C) The Redeveloper will pursue all prospective users including those interested in build -to -suit or land purchases which fulfill the economic and aesthetic vision described in B above and conform to the Master Plan. (D) While the Office Tract has priority for development, the Authority will not unreasonably withhold its approval of those projects in the Commercial Tract that are identified in the Master Plan and are essential in attracting users to the Office Tract. (E) The first office building may have temporary surface parking but will be designed to accommodate structured parking of two or more levels. With the development of a second building, the two buildings will be served by a combination of structured and surface parking. Subsequent buildings will be constructed with structured parking but may also have surface parking. Section 3.1. Redeveloper Responsibilities. The Redeveloper shall be responsible for all costs associated with the marketing and development of the Redevelopment Project. The Redeveloper shall implement the Marketing Plan generally as follows: A. Establish office market data on this location and determine the corporate users and amenities for space in the Redevelopment Project. B. Review any previous plans and design a Master Plan as necessary to maximize the site and meet the requirements of the corporate users (in building size, floor plate, quality, timing and market rate) for this location. The Master Plan will be presented to the City and Authority for their review and approval, and the Redeveloper shall reasonably adjust the Master Plan consistent with market needs as requested by the City and Authority. C. Develop marketing materials such as fliers and brochures to assist in marketing efforts for mailings, advertising, proposals to corporate users, broker parties, press releases, etc. Scheduled timing of 4 5K these marketing events and materials are set forth in Exhibit B. D. The official announcement to the public of the Redevelopment Property would be achieved by the activities shown on Exhibit B including: Broker special event on site News releases Corporate user presentations Mailings to prospects E. Investigate the adequacy of soils, utilities, and street systems for the Master Plan. F. Review and comment upon the adequacy of the existing indirect source permit and environmental assessment worksheet for the Master Plan implementation. G. Review and comment upon the adequacy of existing ordinances to facilitate development of the Master Plan. H. Investigate the status of title, and review existing environmental reports furnished by the Authority regarding any hazardous substances on the Redevelopment Property. I. Every 90 days provide a written activities report to the Authority which describes the Redeveloper's activities pursuant to this Agreement. J. Cooperate with the City and Authority in reasonable and appropriate ways. Section 3.2. Authority Responsibilities. The Authority shall be responsible for the following: A. Indirect source permit and associated traffic analyses (amended and /or reactivated original) for the Redevelopment Property. B. Prepare any necessary environmental assessment worksheet, environmental impact statement or modification thereof. C. Conduct any additional required environmental investigation. D. Provide any necessary infrastructure changes, including street and intersection improvements, due to the Master Plan. 5 5L E. Refer all third party inquiries regarding use, availability, and development potential of the Redevelopment Property to the Redeveloper. F. Recommend changes to City ordinances to facilitate development consistent with the Master Plan. G. Cooperate with the Redeveloper in reasonable and appropriate ways. H. Conduct a comprehensive review of Redeveloper's performance under this Agreement on at least September 1, 1996 and March 1, 1997. Section 4.1. Contract for Private Redevelopment. Provided that this Agreement is not in default and any time after Authority approval of the Redeveloper's Master Plan, at either Party's request, the Parties shall negotiate in good faith and execute the Redevelopment Contract within forty -five (45) days after the request. The Redevelopment'Contract shall address the issues involving the development of the Redevelopment Property including the following: A. The Purchase Price B. Timing of the Minimum Improvements C. Composition of the Minimum Improvements D. Timing of any site improvements or public improvements E. Redeveloper guarantees F. Duration G. Application of Purchase Price Payments to structured parking Section 5.1. Termination. This Agreement shall terminate as follows: A. If by August 1, 1996 the Redeveloper has not completed the program elements as outlined in the Marketing Plan or this Agreement. B. If the Redeveloper, has not commenced construction of an office building in the Office Tract by August 1, 1997, said time to be extended by Unavoidable Delays. The August 1, 1997 date shall be extended to November 1, 1997 if the Redeveloper has provided a letter of intent, lease or commitment to lease for an office building. 5M C. If the Parties have not executed a Redevelopment Contract by August 1, 1997. Section 5.2. Effect. The Parties agree that upon termination of this Agreement they shall have no further obligation to each other except as provided for in this Agreement and the Parties further agree to execute any document reasonably necessary to give effect to a termination. Section 6.1. Additional Provisions: A. The Redeveloper shall not assign this Agreement. B. The Redeveloper shall hold the Authority and the City, their agents, officers and employees harmless from any of the Redeveloper's acts or the acts of those operating under its direction with regard to marketing, development, construction, sale and all other activities contemplated by this Agreement. C. The Parties are not partners in the development of the Minimum Improvements or in any activities contemplated by the Agreement. D. If requested by the Authority, the Redeveloper shall provide evidence of a general liability insurance policy in an amount of one million ($1,000,000) per person and two million ($2,000,000) per occurrence naming the City and the Authority as insured parties and which requires a 30 -day written notice of cancellation to the City and the Authority. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Redeveloper has caused this Agreement to be duly executed on or as of the date first above written. 7 5N Dated: CJI-t � 6 14 S E THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA By a�L Its Chairman And by - Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ANOKA ) On this 1p� day of �— 199 ,1 before me, a not pry public i r Anok C,�inty, pegs,�jna y ap eared IZa �%Lo me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. i ROBERTA S. COLLINS NOTARY PUBLIC - MINNNESOTA Xot ary Public ANOICA CCUNTY My Comm. Exp. Jza. LS. =3 Authority Signature Page — Contract for Exclusive Negotiations :3 50 D Dated: December 15, 1995 TEXAS STATE OF i�4I•iGTA ) )ss COUNTY OF nAT_T eC ) MEPC American s, Inc. By t ` — Do . Fuller Its Senior Vice �President By Richard A. Weiblen Its Vice President Property Mgmt. On this 15th day of nar- =168Z , 199-5- before me, a notary public within and for _ County, personally appeared nnnn x_ Fu11 Pr , the Senior Vice �s es=� of MEPC Properties, Inc., a no,nwnre corporation, and acknowledged the foregoing instrument on behalf of said corporation. n atrtAtW- %06,gj Notary Public State of Texas Commission Expiros 1= 6=9r Redeveloper Signature Page – Redevelopment Contract D 5P A7 SCF:EDC:.E h "� UJ o 24.56 ACRES INTERSTATE Mwv i_ac, 50 6400AE lJtKf 4 4 Ci W ' 8.21 ACRES W < N N 0 SCHEDULE B FRIDLEY MARKETING PROGRAM Press Release: Signage: Flyer Created and Mailed Users & Brokers: Focus Group for Office Users: Master Plan Review: Press Release: Direct Mail Piece to Brokers: Broker Event on Site: Quarterly Updates: Upon execution of the Agreement Revise signage showing Redeveloper as contact January 1996 January 1996 February 1996 Planning review would commence after information is provided by the first focus group. Redeveloper will then present the preliminary Master Plan to the City and Authority for Authority response and review by April 15, 1996, the Authority shall review and or approve or modify the preliminary Master Plan by May 15, 1996. Upon review and approval of preliminary Master Plan June 1996 July 1996 Redeveloper will provide updates to the Brokerage community on a quarterly basis. This development project will be in the annual Redeveloper vacancy update Redeveloper would meet with the Authority quarterly to provide project updates Continuing marketing efforts would be evaluated and put in place as needed after August 1, 1996. 5R t". MEMORANDUM HOUSING WW1 REDEVELOPMENT AUTHORITY DATE: November 7, 1997 TO: William Bums, Executive Director of HRA FROM: Barbara Dacy, Community Development Director Grant Femelius, Housing Coordinator SUBJECT: Consider Policy for Subordination Agreements for Housing Loan Program In October 1997, staff was contacted by a resident who had received a Fridley home improvement loan and was requesting a loan subordination agreement in order to refinance their first mortgage. In this case, the borrower's new mortgage lender would be in a subordinate position after paying off the old mortgage and the HRA would move into first position. In general, mortgage lenders will not approve financing unless they are in first position. As a practical matter, either the HRA loan has to be paid off or the HRA must agree to subordinate its debt to the new mortgage company. Most or our borrower's do not have the financial resources to pay off the HRA's loan pre - maturely. More importantly, the HRH's low interest rate makes it attractive for most homeowners to continue making their payments rather than pay-off early or refinance. By not subordinating, the borrower has few options until the HRA loan is paid in full, which in some cases can take up to twenty years. Because agreeing to a loan subordination can affect the HRA's ability to re -coup funds in the event of a default and foreclosure, there are financial and policy implications for the HRA. To date this issue has not been discussed with the HRA. As part of our research process, staff has talked with HRA Commissioner McFarland and officials at Anoka County and the Minnesota Housing Finance Agency. Adopting a policy now will establish sound criteria for evaluating future requests. L•e Loan Subordination Memo November 7, 1997 Page 2 Loan Subordination Policy The underlying assumption of the subordination policy is that the HRA should not be in a worse security position. In other words, the total of all encumbrances against the property should not exceed the market value of the property after the subordination. Also, any net proceeds from the refinancing must either be used for closing costs or other expenses incidental to the transaction. The borrower should not be taking equity out of the house for other purposes such as consolidation loans, car loans, etc. Below are the proposed criteria for evaluating a subordination request. 1. The borrower is current on their loan payments to the HRA. 2. The borrower has not filed for bankruptcy subsequent to receipt of the HRA's loan. 3. No other liens or encumbrances (i.e. mechanic's liens, 3'd mortgages, etc.) have been filed against the property. 4. Subordination only to a TO mortgage. 5. The borrower will only use the loan proceeds to pay for closing costs or other expenses incidental to the transaction. The HRA will not sub - ordinate if the borrower receives "cash out" of the transaction. 6. The combined loan -to -value ratio of the new first mortgage and the HRA's debt shall not exceed 100% of the value of the property. 7. The borrower must either furnish a copy of the new lender's appraisal or pay for a separate appraisal conducted by a licensed real estate appraiser. Jim Casserly has prepared a resolution for the HRA to approve, a copy of which is attached. We should also mention that the borrower who made the initial request, Jerry Butler, will likely attend the HRA meeting on November 13"'. • ILORNI • Staff recommends that the HRA approve the resolution establishing a policy for the subordination of loans in the HRA's loan programs. GF/ M- 97-472 t. 11/05/97 WED 15:48 FAX 612 885 5969 BRASS MONROE 9 002 HRA RESOLUTION NO. A RESOLUTION ESTABLISHING A POLICY FOR THE SUBORDINATION OF HOUSING LOANS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY; PROVIDING FOR THE DELEGATION OF CERTAIN POWERS AND DUTIES. 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 previously established, by HRA Resolution Nos. 3 -1993, 4 -1993, 16- 1995 and 8 -1996 housing rehabilitation programs which, among other things, provided for the making of loans funded by the Authority (collectively the "Loan Program") in the City of Fridley. 1.02. It has been proposed that the Authority now adopt a policy regarding the subordination of its loans in the Loan Program. Section 2. Findings. 2.01. The Authority hereby finds that the Loan Program promotes the purposes of the Authority as those purposes are defined in Minnesota Statutes, Section 469.001, a sea. (the "Act'). 2.02. The Authority hereby finds that the Loan Program assists in the preservation, maintenance and provision of adequate housing stock; that accomplishing this is a public purpose in that there are many residences in the City which require rehabilitation. 2.03. The Authority hereby finds that participants in the Loan Program may have a need to refinance debt which is secured by a mortgage superior to the Authority's mortgage. Section 3. Adoption of Policy. 3.01. The Authority hereby approves and adopts the Subordination Policy as described on Schedule A attached to this Resolution (the "Subordination Policy "). • . 11/05/97 WED 15:48 FAX 612 885 5969 BRASS MONROE IM002 Section 4. Delegation of Powers and Duties. 4.01. The Executive Director or the Chairman of the Authority are hereby authorized to approve the subordination of any Authority debt in accordance with the Subordination Policy and to execute any documents necessary to implement the Subordination Policy. PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1997. LAWRENCE R. COMMERS — CHAIRPERSON ATTEST: WILLIAM W. BURNS — EXECUTIVE DIRECTOR QAWMATA1F%=LM21D0C0RARML.D0C -2- 11/05/97 WED 15:48 FAX 612 885 5969 BRASS NONROE 9 004 SCHEDULE A SUBORDINATION POLICY Intmduction The following policy covers all loans issued by the Authority through its Program, including; housing rehabilitation 1. Single Family Revolving Loan Program 2. Single Family Last Resort Loan Program 3. Multiple Family Last Resort Loan Program 4. Hyde Park Matching Deferred Loan Program (Single Family) 5. Hyde Park Matching Deferred Loan Program (Multiple Family) 6. Hyde Park Last Resort Loan Program (Single Family) 7. Hyde Park Last Resort Program (Multiple Family) 8. Home Mortgage Assistance Program 9. Home Improvement "Gap" Loans Loan Subordination Re uirements The Authority will subordinate its secured debt under the following conditions: 1. The borrower is current on their loan payments to the Authority; 2. The borrower has not filed for bankruptcy subsequent to receipt of the Authority's loan; 3. No other liens or encumbrances have been filed against the property; 4. Subordination only to a 0 mortgage; 5. The borrower is only using the loan proceeds to pay for closing costs or other expenses incidental to the transaction. The Authority will not " cash out" of the transaction. subordinate if the borrower receives 6. The combined loan -to -value ratio of the new first mortgage and the Authority's debt shall not exceed 100% of the market value of the property. 7. To determine market value the borrower must either furnish a copy of a new lender appraisal or pay for separate appraisal conducted by a licensed real estate appraiser. -3- • 9 MEMORANDUM HOUSING I 1 REDEVELOPMENT AUTHORITY DATE: November 7, 1997 TO: William Bums, Executive Director of HRA40- FROM: Barbara Dacy, Community Development Director Grant Femelius, Housing Coordinator SUBJECT: Participation in Minnesota Solutions Redevelopment Initiative In July 1997, several fully developed suburban communities began meeting to discuss redevelopment issues, particularly in response to proposed changes to tax increment financing at the last session of the State Legislature. The group joined forces with Minnesota Solutions, a non - profit organization, directed by Bonnie Balach. You may recall, that her organization was involved in Fridley's efforts at the State Legislature two years ago to establish the Housing Replacement Program. The focus of Minnesota Solution's Redevelopment Initiative is to build a coalition of support for redevelopment programs. The group has developed a two year work plan (copy attached) which will begin by defining the pertinent issues, developing grass roots support, arranging hearings and testimony, and finally producing a bill and legislative agenda. Among the goals are to create an urban renewal tax increment district, redevelopment fund and /or other incentives to meet redevelopment needs. Minnesota Solutions is requesting contributions of $800.00 per year for the next two years to help support their efforts. Staff has identified sufficient funds in the 1997 HRA budget to cover participation for this year. An additional $800.00 will be programmed into the 1998 HRA budget. Unless otherwise directed, staff will remit the necessary funds to Minnesota Solutions to participate in the Redevelopment Initiative. We will provide you with updates at future HRA meetings. GF/ M- 97-473 7 01. - /11/1994 19:51 6126534926 BONNIE BALACH PAGE 01 Minnesota Solutions, Inc. • STATEWIDE VOICE FOR LEGISLATiVE SOLUTIONS • October 7, 1997 TO: Grant Fernelius City of Fridley FR: Dave Anderson. Acting Chair City of St Louis Park RE: Minnesota•Rgdev_elonment Initiative I'm writing to fvrinall% request the participation of your city/organization in Minnesota S lutions — the only statewid•.- nrV mixation to have a singular focus on redevelopment. Over the neNt two legislative sesslo,1% YX W"II launch an ambitious redevelopment agenda, which we hope will begin to set the stag, fora statewide policy on redevelopment. We have developed a draft of a mission document that %q1jiasjvciftcs regarding Minnesota Solutions and this redevelopment nitiative. Because Minnl gala Slltutinns has resources already dedicated to this enterprise, the nee for additional funds it rl411irnal. We are asking each city/organization to contribute 5800.00 per year for the next two m 'that will give us approximately $45,000 to $50,0000 to put our, ork plan into action. we C-4:otached a copy of our work plan for your review and welcome an comments you might have. This endeavor is Ilmg over due. Last session was another difficult one for redevelopme efforts statewide. Redawloptrtent is complex and costly and the traditional tools for urban ren al, tax increment finamial for instance, cannot in itself leverage the high cost, complexity anc risk involved in develor►ng previously used or difficult urban sites. There is considerable w rk to be done in teams of - -ducal ing lawmakers and building a political base that will make this iTpportant public issue a prio>!l-I the Capitol. We urge you to join in this important initiative. We have enclosed a core of our next meeting notice. We hope you can attend and help formalize our structure and approval process as well as engage in lively debate with Gin Yingling, SierftChb -1, she discusses the interest that organization has in redevelopme We look forward to hearing from you. attachments Smite I1011 7-1' 11rFIr.E CB;TSR . 16 -ir - - –1MD STRKgt • Bl.f)AVIbGTAr, 1dINNB9pT� 'TMLBVNnN¢ 612/88 7A FiGSIy1LF 612/88.5+.5969 It. 1.1417 61/11/1994 19:51 6126534926 BONNIE BALACH PAGE 05 Minnesota Solutions, Inc. ■ STATEW10b VOICE FOR LEGISLATIVE SOLUTIONS • MINNESOTA REDEVELOPMENT INITIATIVE What Is the problem? Redevelopment is complex and costly. Local financial resources inadequate and redevelopment will not occur in the absence of public sector investment. In addition, there has been ro statewide group with a singular focus on redevelopment to sha this type of agenda and propel it through a legislature and governors office for which the redev opme needs of older cities have not been a high priority. What is redevelopment? Broadly defined, it is the recycling or revitalization of "used" pr primarily old commercia! or industrial sites. Redevelopment can involve the demolition of b ighted, vacant, obsolete or structurally unsound buildings, updating of existing structures within a redevelopment area. or a combination of both. Why is public Investment warranted? There is no incentive for the private sector to tack+ dI ficult infill projects or redevelop old industrial, residential or commercial property when undeve parcels of land are available Public sector investment is required to induce private develo of these difficult sites It is a good public investment. Reuse of existing public infrastructure, ' b creation in older cities where social problems and unemployment are exacerbated by aalbe industrial property declining property values, transportation, public coasts of providing new infrastructure in outlying areas and environmental issues should drive state and federal inv in this area. However this has not been the case. The only tools designed to encourage irban renewal in the absence of contamination — UDAG, CDBG and TIF — have either disappeaed, declined or been reformed until no longer useful, particularly for very difficult redevel projects. Economic development incentives, on the other hand, have remained strong and particularly last session received a legislative boost, contributing even more to the uneven playing field that exists between the development of greenfields and redevelopinwit. What Is the "Solution ?" The legislative delegations representing members of this coalftk n will introduce a bill that will represent, by its many components. a statewide policy with respect to redevelopment. Some proposed facets: • Increase TIF fund at the Department of Revenue. • Create a statewide redevelopment fund. • Propose specific changes in current TIF law provisions to facilitate redevelopment, • Provide tools to preserve historic property throughout the state. • Create "urban renewal" TIF districts. • Provide state incentives for collaborative efforts Involving redevelopment, job crest affordable housing and transportation. • Require trnrinmir impact statements for general economic law development props What Is Minnesota Solutions? Cities and organizations statewide with dill loo infill or industrial redevelopment needs have come together to collectively educate the legislature d governors office about redevelopment issues and build a political base from which to la a major legislative initiative Minnesota Solutions is focussed solely on making toots to facilitate redevelopment a legislative priority. S1 trK 111111 • •.1 1III,-; IsT (IF Fir E cCNtEt . 18-50 WRee u•1.... '�TtCET . B1,011141\GTO4. Mlnrt%nTA 5-5431.1447 TEtEPHonc 612/885.43 7B NILE 612/885.5969 01/11/1994 19:51 6126534926 BONNIE BALACH "MINNESOTA REDEVELOPMENT AGENDA" PROPOSED WORK PLAN This proposed agenda represents a two -year effort. Although most of the work will t prior to the commencement of the next legislative session, the next session is a bon than a funding yttr and our focus for additional dollars will span the next two sessic accordingly. I. Develop statement of purpose to include: A. Composition -- identify cities with redevelopment needs. B. Legislative agenda for redevelopment needs statewide. C. Need. 11. Grassroots strategy for legislative support: A. Identify participants in fully developed community consortium. B. Minnesota Solutions staff to work individually with members to Men 11k1 vers of the community interested in redevelopment. PAGE 03 e done ling, rather �3to5 C. Build data base of community folks and city staff to be easily sorted b legislative district and legislative committee. D. Set up meetings with legislators representing fully developed cities St; tewide to include city staff, community leaders identified in above process and I Ainnesota Solutions staff to talk about the legislative agenda. E. Arrange meetings between governor's office and leadership and legi ators representing fully developed communities statewide. Pertinent committee chairs Should receive attention as well. III. Arrange hearings and testimony for "Minnesota Redevelopment Initiative .n IV. Communicate status of project by E -mail or fax to members. V. Documents to be produced: A. A bill representing a legislative agenda for fully developed communitic s should be introduced at the beginning of session. This bill should be a comp ehensive bill with many articles representing a state policy with respect to redo elopment. There should be sufficient jackets for legislators representing fully developed communities statewide to all be included as bill authors. Possible elements: I Urban renewal tax increment financing district. 2. Redevelopment fund. 7C 1 61/11/1994 19:51 Vi. 6126534926 BONNIE BALACH Incentives for regional approaches to redevelopment needs. A. State grants. B. Relief from TIF restrictions. C. Others? B. Briefing papers to support legislative requests. C. TIF primer. D. Summary of studies and ideas for funding redevelopment already put I . Citizens League Studies 2. Metropolitan Council study. 3 Brownfield consortium. 4. Others? E. Session summary. Monitor state task forces charged with responsibilities for TIF and other econ development efforts: 7D PAGE 84 es: 0i/11/1994 19:51 6126534926 BONNIE BALACH Minnesota Solutions, Inc. q $TATEWIDE V(jICF, FOR LECISLATIVE SOLUTIONS • INVOICE October 8, 1997 TO: Grant Femelius City of Fridley FR: Dave Anderson, Acting Chair City of St Louis Perk RE: Minnesota Solutions Contribtftn DUE AND PAYABLE UPON RECEIPT For development and lobbying of the - Minnesota Redevekpreent Initiative" for the 1998 legislative session, the City of Fridley Contribution ............................... Please make cherks, payable to Minnesota Solutions and mail to: Bonnie Balach Minnesota Solutions Suite 1100 Southpoint Office Center 1650 West 82nd Street Rloomington, MN 55431 -1447 PAGE 82 . CriTr. IIg4 nrrlCE CEYTCR • 163 12Yp STREET • P1.00MINGTOY. (Ninnralntl 354 31.1447 TRotpHumE 612/8F 7E, FAC31mms 612/885.6988 LOAN ORIGINATION REPORT October 1997 Year- to-Date City Wide Loans and Graruta CDBG HRA MHFA HOME Date Type of Name Address Loans Loans Grants TOW Closed Property Program 1 Moses 5180 Hughes Ave. $ 12,922 $ $ - $ 12,922 117/97 SngleFamily HRA 5% 2 King 375 67th Ave. NE $ 11,306 $ $ - $ 11,308 128197 Sbgle Fan*y HRAS% 3 Larson 6130 8th St NE $ 4,670 $ - $ - $ 4,670 2!25197 ShVe -Family, HRA 5% 4 Diedrich 46 88th Way NE $ 8,375 $ - $ - $ 8,375 3/11/97 Single- Family HRA 5% 5 Elverud 221 Rice Creek Terr. $ 4,839 $ $ - $ 4,8319 3112/97 Shgle -Family HRA 5% 6 Zebro 6589 Clam Pl. $ 11,039 $ - $ - $ 11,039 4!7/87 Si gle -Family HRA 5% 7 Westirdield 92 Rice Creek Way $ 25,000 $ - $ - $ 25,000 418/97 Shgle -Family HRA 5% 8 Setering 71 68th Way NE $ .10,000 $ $ - $ 10, 000 4/8197 Si gle -Famly Last Resort Deterred 9 Doherty 7315 East River Rd $ 3,474 $ - $ - $ 3,474 416197 Shgle -Family HRA 5% 10 Westby 1467 Onondaga St $ 10,000 $ - $ - $ 10,000 4/22187 Single-Family HRA 5% 11 Medej 6400 Startits Blvd $ 9,50 $ - $ - $ 9,500 4rdW7 Sngle -Family HRA 5% 12 Anderson 6800 Oakley SL $ 7,500 $ - $ - $ 7,500 429197 Single-Family HRA 5% 13 Olson 1442 848( Ave. NE $ 2,700 $ - $ - $ 2.700 4/29197 Si gle-FamBy HRA 5% 14 Mello 6218 Carol CI. $ 2,000 $ - $ - $ 2,000 518197 Single-Family HRA 5% 15 Butler 5948 7th St NE $ 16,814 $ - $ - $ 16,814 516!97 Single -Family HRA 5% 16 Allard 516 54th Ave. NE $ 7,239 $ - $ - $ 7,239 5/8197 Single -Family HRA 5% 17 Warner 69310 Hickory Dr. S 4,859 $ - $ - $ 4.659 5/7/97 Shgie -Family HRA 5% 18 Englebrefson 1643 Gardens Ave. S 3,800 $ - $ - $ 3,800 5113/97 Single -Family HRAS% 19 Hart 861 Pandora Dr. $ 13,200 $ - $ - $ 13,200 5/13197 Single-Family HRA 5% 20 Varroe 974 Rice Creek Terr. $ 4,800 $ - $ - $ 4,850 5/1987 "le -Fancy, HRA 5% 21 Miller 525 Seared Dr. $ 3,750 $ $ - $ 3,750 527197 Single-Family HRA 5% 22 Larson 359 BBth Ave. NE $ 10,380 $ - $ - $ 10,380 527197 Slogle-Famlly HRA 5% 23 Larson 5980 4th St NE $ 15,594 $ - $ $ 15494 6117/97 Shgle -Family HRA 5% 24 Brack 5621 Hodzon Dr. $ 11,000 $ - $ - $ 11,000 6124197 Shgle -Fancy HRA 5% 25 Hatched 1313 Hillwind Rd. $ - $ 5,000 $ $ 5,000 4111197 Single-Family MHFA Energy Loan 26 Massey 5941 8th St NE $ - $ 51000 $ - $ 5,000 5123/97 Single-Family MHFA Energy Loan 27 Schiil 560lrordonSt $ 6,140 $ $ - $ 6,140 7/1197 Shlgle•Family HRA 5% 28 Czech 7665 Barron Dr. $ - $ 2,700 $ - $ 2,700 7/1/97 Shgle•Fan nily MHFA Energy Loan 29 Blegen 275 Ironton St $ 6,508 $ - $ - $ SAN 7/1/97 Siille -Family, HRA 5% 30 Kaye 585 Roe Creek Ter. $ 8.400 $ - $ - $ 8,460 718197 Single -Family HRA 5% 31 King 1505 Ferndale Ave. $ 24,046 $ - $ - $ 24,046 7/8197 Sngle -Family, HRA 5% 32 Wasse nan 340 Hugo St $ 22,550 $ - $ - $ 22,550 722197 Single-Family, HRA 5% 33 Samuelson 593 Roe Creek Terr. $ 8,600 $ - $ - $ 81600 7129197 Single - Family HRA 5% 34 Pierce 572 Rice Credo Terr. $ 18,522 $ - $ - $ 18,522 722/97 Shgle -Family HRA 5% 35 Amax 6121 Sunrise Dr. $ - $ - $ 8,908 $ 8,908 Pen" Shgte -Family CDBG Grant 36 Holm 6120 Sunrise Dr. $ - $ - $ 7,238 $ 7,236 7/17197 Shgle -Fam9y CDBG Grant 37 Loan 1334 761h Ave. NE $ 13,107 $ - $ - $ 13,107 722197 Single - Fam9y HRA 5% 38 Ramsey 1340 64th Ave. NE $ 25,000 $ 14,600 $ - $ 39,600 815197 Shgle -Family, HRA 5% 39 Jacobson 6606 Brookvlovr Dr. $ 18,286 $ - $ - $ 18,288 8112197 Shgle -Family HRA 5% 40 Wells 6553 Oakley Dr. $ 1,937 $ - $ - $ 1,937 8112197 Sngle -Family HRAS% 41 Scherber 1376 66th Ave. NE $ 2,837 $ - $ - $ 2,037 8112/97 Single-Family HRA 5% 42 Keay 5771 Central Ave. NE $ 18,448 $ - $ - $ 181448 8119/97 Single -Family HRA 5% 43 Wassemmn 340 Hugo St $ 11900 $ - $ - $ 1,900 8119/97 Single-Family IRA 5% 44 Bissonette 6001 Woody Ln. $ 19,793 $ - $ - $ 19,793 8/19197 Single-Farotly HRA 5% 45 Barron 5331 5th St NE $ 2,014 $ - $ - $ 2,014 9/18197 Shgle -Farn ly HRA 5% 46 Milich 71 63-12 Way NE $ 2,097 $ - $ - $ 2,097 919197 Shgle-Family HRA 5% 47 Crosser 5812 5th St NE $ 8,700 $ - $ - $ 8,700 9!9197 Siille -Family IRA 5% 48 Grade 7398 Melody Dr. $ 2,100 $ - $ - $ 2,100 919197 Single-Family HRA 5% 49 WeitonSntlth 5632 8th St NE $ 9,165 $ - $ - $ 9,165 9/9197 ShgleFamily HRA 5% 50 Holmberg 6150 Sunrise Dr. $ 7,538 $ - $ - $ 7,538 923197 Shgle-Family HRA 5% 51 Cutler 7513 East Rim Rd. $ 1,936 $ - $ - $ 1,936 923197 Slrgle-Fam ly HRA 5% 52 Johnson 6800 Monroe St. $ 19,244 $ - $ - $ 19,244 8123197 Sog(e -Family KRA 5% 53 Erickson 231 Longfellow St $ 62W $ - $ - $ 8200 9123197 Single - Family HRA 5% 54 Rattan 4769 Main St NE $ 5,685 $ - $ - $ 5,685 9/3087 Shgle -Family HRA 5% 55 Koop 578 Ironton St S 4,520 $ - $ - $ 4,520 1018197 Si gWFartdly HRA 5% 56 Nelson 6090 Woody Lm $ 8,351 $ - $ $ 8,351 10/14/97 Shgle-Family HRA 5% 57 Miller 6045 2 -12 St NE $ - $ 4,722 $ - $ 4,722 10/14197 Shgle -Family HRA 5% 58 Haldomon 514 Dover St $ 25,000 $ - $ - $ 25.000 10/14/97 Sigle -Family HRA 5% 59 Price 7449 Melody Dr. $ 11,588 $ - $ - $ 11,568 10128197 Shgle•Family HRA 5% 60 Marvin 7829 Alden Way $ 25,000 $ - $ - $ 25.000 102aw Shigle-Fantlly HRA 5% 00 Loans and Grano Sub - Totals $ 549,250 $ 32,022 $ 16,144 $ 597,416 Hyde Park Loans and Grants 1 Alderson 6061 -65 3rd St NE $ 6,621 $ - $ - $ 8,621 12887 Duplex Hyde Park Matching Deferred 2 Monson - 0048 2 -12 St NE $ 2,235 $ - $ - $ 2,235 411/97 Shgle -Family Hyde Park Maohing Deterred 3 Rocek 5791 2 -12 St NE $ 1,837 $ - $ - $ 1,837 4/8197 Single -Family Hyde Park Matcdng Deferred 4 Anderson - 6001 -65 3rd St NE $ 1,379 $ - $ - $ 1,379 8K1,97 Duplex Hyde Park MaW*V Deferred 5 Johnson 800'1 -53 3rd St NE $ 4,492 $ - $ - $ 4,492 9115197 Triplex Hyde Park Matching Deterred 5 Loans and Grants Sub-Totais $ 16,564 $ $ $ 18Ji84 8S Grand Totals $ 585,814 $ 32,022 $ 16,144 $ 613,980 LSR - SEP 97 LOAN SERVICING REPORT End of September 1997 Installment Loans Number of Loans 150 Total Principal Issued $ 1,926,876.06 Principal Balance at Beginning of Month $ 1,774,467.16 Principal Payments $ 10,846.40 Principal Balance at End of Month $ 1,763,620.76 Interest Payments $ - 7,475.54 Late Fees $ 44.89 CRF Servicing Fees $ (816.00) Net Interest Received $ 6,704.43 Net Payments Received $ 17,550.83 Deferred Loans Number of Loans 23 Total Principal Issued $ 123,033.00 Principal Balance at Beginning of Month $ 123,033.00 Principal Payments $ 36.40 Principal Balance at End of Month $ 122,996.60 Interest Payments $ 1.80 Late Fees $ _ CRF Servicing Fees $ _ Net Interest Received $ 1.80 Net Payments Received $ 38.20 TOTAL PAYMENTS RECEIVED (THIS MONTH) $ 17,589.03 TOTAL PRINCIPAL ISSUED ** $ 2,049,909.06 TOTAL OUTSTANDING PRINCIPAL ** S'1,886,617.36 Notes: * Covers most recent reporting period. CRF remits payments and loan servicing reports approximately 15 days after end of previous month. ** Since program inception. P*,^' 8A