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HRA 11/02/2000 - 6327s . PUBLIC COPY CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING NOVEMBER 2, 2000, MEETING, 7:30 P.M. AGENDA LOCATION: City Council Chambers CALL TO ORDER: ROLL CALL: APPROVAL OF MINUTES: October 5, 2000 CONSENT AGENDA: Claimsand Expenses ........................................................ ............................... 1 Approve 2001 Meeting Dates .............................................. ............................... 2 ACTION ITEMS: Consider Resolution Authorizing Contract for Private Redevelopment with Gateway Redevelopment LLC (Real Estate Equities) for Gateway East Project ............... 3 Consider Resolution Approving Establishment of TIF District No. 17 and Adoption of TIF Plan Modifications to Redevelopment Plan ............................ 4 OTHER BUSINESS ADJOURNMENT CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING OCTOBER 5, 2000 CALL TO ORDER: Chairperson Commers called the October 5, 2000, Housing and Redevelopment Authority meeting to order at 7:30 p.m. ROLL CALL: Members Present: Larry Commers, John Meyer, Jim McFarland, Pat Gabel Members Absent: Virginia Schnabel Others Present: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator William Burns, Director of HRA Rick Pribyl, Finance Director Jim Cassedy, Development Consultant APPROVAL OF THE SEPTEMBER 7.2000, HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES: MOTION by Ms. Gabel, seconded by Mr. McFarland, to approve the September 7, 2000, Housing and Redevelopment Authority meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA: 1. MEMORANDUM OF UNDERSTANDING WITH CITY OF COLUMBIA HEIGHTS REGARDING JOINT TASK FORCE EXPENSES: 2. RESOLUTION NO. HRA 10 -2000, AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE & ECONOMIC DEVELOPMENT FOR THE REDEVELOPMENT GRANT PROGRAM (GATEWAY EAST): 3. CLAIMS AND EXPENSES: Mr. Pribyl stated that five additional claims were added for approval. MOTION by Mr. Meyer, seconded by Ms. Gabel, to approve the consent agenda with the additional claims. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 4. CONDUCT PUBLIC HEARING REGARDING SALE OF 530 HUGO STREET AND CONSIDER DEVELOPMENT CONTRACT WITH SCOTT OLMSTEAD BUILDERS FOR 530 HUGO STREET: MOTION by Ms. Gabel, seconded by Mr. McFarland, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:36 P.M. Mr. Femelius stated that the HRA is required to conduct a public hearing before it sells any real property. The purpose of the public hearing is to review the project and provide an opportunity for the public to ask questions. Staff would then ask the HRA to consider approval of the plans as well as authorization of entering into a redevelopment contract with the builder. The lot in question, located in the Riverview Heights neighborhood, was acquired by the HRA in 1995. A house and garage on the site were tom down and the property has been on the market since that time. Two offers on the property were withdrawn. One offer was withdrawn due to the high water table limiting the type of home that could be built on this site. A full basement is not feasible. A walkout design or half basement would be appropriate for this site. Mr. Fernelius stated that rSCoft Olmstead, the builder, is proposing to construct a split entry design with an attached two -car garage. The home would have 1,141 square feet of finished floor area on the main level. The lower level would be unfinished but could be finished at a later point by the homeowner. The home would have three bedrooms with 1 1/2 baths on the main level. The sales price would be $152,475. Mr. Fernelius stated the plan submitted by the builder initially was with a three car attached garage. The buyer and the builder agreed to some changes similar to the designs in the pattern book used by the City, but stated that this would be at additional cost and the lot price needed to be adjusted. The changes include additional brick along the front fagade, additional windows, relocation of the stairs inside the garage, a sidelight front window, the garage being pushed back, and additional square footage to the house. Those costs approached $6300. The lot is priced at $31,200. The adjustment price would be $24,900. The practice of reducing a lot price to accommodate certain aesthetic improvements to a house has been done in the past. Mr. Femelius stated that the builder would enter into a redevelopment contract with the HRA; the HRA would then close on the sale of the property within 45 days of execution of the agreement. The HRA would then be paid for the land, and the builder would start construction after the building permit is obtained. The builder would close with the homebuyer upon completion of the property scheduled sometime in the first quarter of 2001. Upon conclusion of the public hearing, the HRA's action would be to approve the plans and execution of the development contract. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 3 Mr. Femelius stated that the builder accomodated the covered entry. The realtor, Janet Sandretski, who is working on the project is here to answer any questions. Ms. Gabel asked how much the HRA paid for the lot originally. Mr. Fernelius stated that they paid $60,000 for the lot and the house. Mr. Burns asked if the brick was veneer or solitary. Mr. Fernelius stated that he believes it is a solitary. Ms. Sandretski stated she has been working with both the buyer and the builder on this property. She does have a signed purchase agreement copy in her file. Mr. Meyer asked if the fagade of the garage was moved back so it would not be as prominent. Where was the garage before? Mr. Fernelius stated that the house plan had a three -car attached garage and was out farther than it is right now. Ms. Sandretski stated that the garage was closer to the front door where the two windows were added. It also came out farther in front. Mr. Meyer asked how far in front of the house the garage is now. Ms. Sandretski stated it is not more than a few feet. Mr. Meyer stated there is a lack of windows on the side elevation. Ms. Sandretski stated that they have tried doing a window in the dining room area tG go along the side wall, but then people do not have places for their china hutch and things like that. Mr. Burns asked if the property has concrete or asphalt driveway. Ms. Sandretski stated it has an asphalt driveway. Mr. Commers asked about the additional footage inside the garage with the stairs going down into the lower level. Ms. Sandretski stated they needed to add more footage to accommodate the stoop going into the house. Mr. Fernelius stated that since the garage was moved back, it has to be deeper to accommodate the location. Mr. Meyer stated that to enter the garage, you have to enter it from the lowest level only. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 4 Ms. Sandretski stated that in order to comply with putting the garage back, the buyers are willing to go in from the garage so they do not have to go outside to get into their home. Mr. Meyer asked about the carbon monoxide factor. The lower level lower than the garage floor is questionable because of the carbon monoxide danger. Ms. Sandretski stated that it is only the stairs going into the lower level. It is the same type of door there that would go into a regular entry. Mr. Meyer stated that he is not sure what the code states about that. Mr. Pribyl stated that a concrete lip is at the slab level, and the carbon monoxide will actually hover across the concrete floor creating a ledge where it cannot move over the top of that. Mr. Meyer stated that is a terrible tripper and it is a good idea to pursue that. Ms. Sandretski stated that she could check with the building official. Mr. Meyer stated that if the lip does do the job, the buyer should be consulted as to the toe tripper coming down the stairs into the house. Mr. Meyer asked what specifications Ms. Sandretski had for the qualifications of the construction. Ms. Sandretski stated that they are prepared. The homeowner has not seen them. She stated she has worked with Scott Olmstead for 4 1/2 years. He is reputable builder who has been in the business for 22 years. He builds between 75 - 100 homes per year. Mr. Meyer stated that it is a matter of good business that the quality should be known thoroughly. MOTION by Mr. Meyer, seconded by Mr. McFarland to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. MOTION by Ms. Gabel, seconded by Mr. McFarland, to approve the sale of 530 Hugo Street with the adjustment of the lot price from $31,000 to $24,900 and to approve Resolution No. HRA 11 -2000, Authorizing Execution and Delivery of a Contract for Private Redevelopment by and between the Housing & Redevelopment Authority in and for the City of Fridley, Minnesota, and Scott Olmstead Builders, Inc. Mr. Meyer asked where the adjustment in lot price was outlined in the memorandum Mr. Commers stated that change will be made in the actual contract itself. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 5 Mr. Casserly stated they should just note that they should make a change in the contract and the resolution would reflect that price. Mr. Commers stated that on page 3 under Terms of Agreement, the number should be changed to $24,900 for the property price at closing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. ACTION ITEMS: 5. MASTER PLAN AMENDMENT AND PROJECT PLAN APPROVAL, MEDTRONIC. INC.: Ms. Dacy stated that this request is for a free - standing daycare center for Medtronic employees to be located at the northwest comer of the world headquarters campus site. This use was programmed to be inside one of the buildings; but because of a variety of issues, Medtronic has proposed a separate free - standing site. The property is zoned S -2, redevelopment district. Medtronic stated that there were a number of issues of placing the daycare within one of the proposed Stage 1 buildings. Daycare facilities are classified as an E occupancy in the building, and they have stringent requirements in terms of exiting and the separation from other types of uses and occupancies in a building. Medtronic determined it would be safer for a free - standing building because there can be an exit achieved for each part of the building. A facility is proposed to hold up to 120 children from ages infant to pre - school age. Ms. Dacy stated that the daycare center is set back 35 feet from the property lines, and each part of the daycare has an exit to the outdoors. The play areas outside are enclosed by fencing. It is for Medtronic employees only. The parking has ten drop -off spaces plus a 34 -space surface parking lot for the staff. That surface parking lot will become part of the Phase 3 ramp. The driveways are about 180 feet from the intersection to 7t' Street. The cost for the daycare facility is $1,800,000 or $156 per square foot. The Planning Commission discussed this on September 20 and recommended approval. The S -2 zoning district requires that the HRA also make a recommendation on this project plan in the S -2 district. This is a change in Medtronic's master plan, and staff recommends that the HRA concur with the change. Ms. Dacy stated that Phase I is the five buildings on the east side of the site. The daycare facility is located in the extreme northwest part of the site. Mr. Commers asked if the daycare was going to be fenced off from the street or the parking ramp. Ms. Dacy stated that the preschool, transitional, and infant/toddler areas will all have separate fenced play areas adjacent to their rooms. A covered walkway will be constructed from the drop -off area to the front entrance to the building. The staff will park in the 34 -space lot next to the building. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 6 Mr. Commers asked how far apart the ramp is to the building. Ms. Dacy stated that there is at least 80 feet between them. Mr. Commers asked how much space would be devoted to the daycare center including the parking. Ms. Dacy stated that it is approximately one -half acre. The storm pond has been moved to the south. Mr. Meyer asked if the storm pond is fenced. Ms. Dacy stated that the storm pond is not fenced. Six -foot fencing will be constructed around the daycare facility. Council will consider this on October 9. Mr. Commers stated that, theoretically, they will have additional square footage on the tax rolls as a result of this. Mr. Casserly stated that is correct. Mr. Meyer asked if this is a revenue raiser for Medtronic. Ms. Dacy stated that she did not know. Ms. Gabel stated that most places with daycares on the site.do charge, but the intent is to provide an employee benefit, not make a profit. MOTION by Mr. McFarland, seconded by Ms. Gabel, to approve the Project Plan and Master Plan Amendment by Medtronic, Inc., for the daycare center. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMATION: 6. GATEWAY EAST REDEVELOPMENT PROJECT UPDATE: Mr. Fernelius stated that they are still in discussions with the developer of Real Estate Equities. They are still in the process of pulling together plans and cost estimates. The revenue sharing concept was unacceptable to them and they have countered with a proposal to split profit after project expenses 50/50. Staff is currently evaluating that concept. Staff is also trying to refine the eligible improvements for the project that the HRA will pay for. That assistance would not exceed $545,000. Staff has prepared an application to the Department of Trade and Economic Development for the Redevelopment Grant Program. The request was for $187,000 to help pay for public improvements for the project. The program is very competitive, and the DTED staff liked the project. The more significant issue is the creation of the tax increment district. The City Council has a public hearing scheduled for October 23 for the creation of the TIF HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 7 district and then the HRA would consider a resolution to create the district at the November 6 meeting. 7. PROPOSAL BY CEE TO ADMINISTER PREVAILING WAGE ORDINANCE REQUIREMENTS: Ms. Dacy stated that Mr. Fernelius and she have worked together on this part of the Gateway East Project. At the Joint Council and HRA workshop last spring, there was a unanimous direction to ensure that the Gateway East Redevelopment Project's contractor is required to meet the City's Prevailing Wage Ordinance requirements. Staff met with State employees from the Department of Labor and Industry and talked to prevailing wage officials at the County. Staff has talked to the City of Minneapolis about how to appropriately enforce these types of requirements. Fridley is unique for a suburban community having a prevailing wage requirement for redevelopment projects. The City of Minneapolis has a whole department assigned to enforce those types of requirements. The City of St. Paul has a similar approach as well. Ms. Dacy stated that the City's approach has been to require in the development agreement that the developer and the contractor are responsible for meeting the prevailing wage requirements. Staff is suggesting that the City contract with CEE personnel with extensive experience with these types of requirements. They can assist in the appropriate procedures and documentation that the City could maintain to properly track what is going on. The key is to establish the wage rate prior to the initiation of the project. They must establish the types of employees and classifications in concert with the contractor and the developer. They must establish appropriate payroll sheets and forms referring to Federal requirements. Some routine site inspections to ensure the wage requirements are being paid are necessary also. Ms. Dacy stated that if the contract with Real Estate Equities proceeds, they have extensive experience with prevailing wage rates and will cooperate fully. The other proposer did not have experience. Staff is suggesting that it is a contract not to exceed a certain amount approach. They could be incurring less cost. The maximum estimate was about $15,000. It is a working contract and staff would have to submit a monthly invoice. Prior to the November meeting, they have to incur a minor amount of expense with the CEE staff to make sure that the development contract is referring to the right sets of rules. The City and the HRA have not embarked on such a project before. They have learned a lot about the prevailing wage with the Banfil Crossing project and this is a good approach for the City. This would maintain documentation that is readily available to the City. Ms. Gabel stated that she had no idea it would cost this much. What are the interviews? Ms. Dacy stated that the intent is to interview the employees on the job site. It would be a random set of interviews to make sure that the people that are working on the job are being paid appropriately. They would then compare the on -site information with the documentation on the payroll. Mr. Commers stated that his concern is that they want to encourage and support the City's prevailing wage law, but the issue is that this is the City's statute that bears enforcement,. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 8 and is up to the City to enforce it the way the Council deems most appropriate for themselves. He is not sure if it is appropriate for the HRA to get into the funding of this kind of enforcement of a City statute. An intermediate suggestion is that the language be put into the development contract requiring the developer to certify that he is meeting the prevailing wage rates. If this is misrepresented, the City can determine what they want to do. Mr. Meyer asked if the $15,000 in this case is a pass through incidence to be passed through the contractor? Mr. Casseriy stated that it could be passed through if the HRA could get the contractor to accept it as a negotiating issue. In this particular transaction, there is a substantial shortfall. The developer has indicated that they know how to deal with the forms and from their perspective they do not see themselves as incurring any great costs. If we told them they would incur these additional costs, he is sure they would have a lot of additional discussion. Mr. Commers stated that the City Council feels that it is appropriate to monitor the administrative costs. If they decide it needs monitoring, they certainly should act on their concerns. Mr. Meyer asked if it was necessary to go through this elaborate checking. Can they go completely the other way and put it in their contract that they shall abide by this or be guilty of fraud? Ms. Dacy stated that it is perfectly defensible and that is what they have been doing so far. The developer and the contractor hold all of the information, and staff feels that it should be more involved and it puts the City in a better information position. The developer and the contractor must swear to affidavits that they must meet those requirements. The City is still open to a challenge from an aggrieved employee, and the developer will need proof that they are not in violation. This will put the City in a good position to respond to complaints promptly and would not require the City to expend the legal time and expense to go after the contractor. This is a temporary enforcement provision and helps establish the documentation, and they will advise us as to how to take steps is a complaint occurs. Mr. Bums stated this is coming from staff, not City Council, stemming from the Banfil Crossing incident. Mr. Commers stated that the merits are well taken, and it would be nice to have that information. The question is who is the appropriate body for this. Mr. Meyer asked for clarification of the Banfil Crossing problem. Ms. Dacy stated it was the senior housing project up on University Avenue and 83rd Avenue There was an allegation that the subcontractors were not paying the prevailing wage rates. Each of the subcontractors submitted an affidavit that stated that they were paying the prevailing wages. The general contractor appeared before the Council and testified to the fact that he believed that he was in compliance with the State requirements. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 9 Mr. Meyer asked if the complainant just went away after the complaint. Ms. Dacy stated that the complainant needed a sworn testimony to challenge it. They did not come back with that. Mr. Meyer asked if the City feels that these people had agreements and were "cowed" into not pursuing it. Ms. Dacy stated that the City direction was to properly enforce the requirements. Her department is charged to make sure that these things are complied with. She is being responsible to the City by researching all of the potential options and the wish to enforce it. She feels this is a good option. Ms. Gabel asked if this is similar to an insurance policy effect of having prevailing wages. Ms. Dacy stated that is correct. Mr. Burns stated that some people who had these complaints were going to the City Council who were in turn coming back to City staff asking how prevailing wage was being enforced. Staff was able to use the technique Ms. Dacy described, but it was not comfortable because they were not really doing any enforcement other than requiring the contractor to provide the affidavit. Mr. Meyer stated that the procedure following Banfil was not giving the true results. Ms. Dacy stated that was entirely legal but from a practical, administrative standpoint, it is like having a setback requirement and you ask the builder to comply but then you do not have a survey and then you take the builder's word for it. Mr. Meyer stated that and other things are evenly proven. Ms. Dacy stated that the ability to prove may be an issue the City should take over. Mr. Meyer stated that after the fact, proof is just as good as during the fact proof. Mr. Burns stated that is exactly what they have here. A practical approach versus a retroactive approach. Mr. Meyer stated that the staff is dissatisfied with the results of the Banfil Crossing incident. Ms. Dacy stated that she is not dissatisfied with it. The results were legal. Mr. Meyer stated this is a bureaucratic situation imposing on the HRA and the contractor. All of this is fine if there is a demonstrated hazard or requirement. He is puzzled as to why they are creating this bureaucracy of $15,000 and maybe another $15,000 on the part of the contractor. HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 10 Mr. Commers stated they had difficulty after the fact getting evidence together. They had the sworn affidavits; and if they are lying on those, there may be revenues enforced against them. To take an aggressive posture and monitor all of these projects, you are undertaking a significant task. If staff feels it is necessary, he respects that and they should go ahead and do that. His only question is if it is an HRA function. They should not use the public money and the HRA to pay for that type of expense. The City Council should be doing it to enforce it. They should table this and see what the City Council's response is. Mr. Casserly stated that the HRA did adopt a resolution on this topic. There is a four page resolution defining what all this is about. Staff is saying that they have no verification that the provisions the HRA has adopted are being adhered to. They are looking at some ability to meet the provisions. They are concerned about being placed in an untenable position. Mr. Commers stated there is an answer without having to do the monitoring. It is satisfactory and that is the way the Banfil Crossing problem was handled. It was proper and legal. The conclusion was there was no violation in the prevailing wage, and everybody accepts that. Mr. Casserly stated that he has no information other than what has been presented. MOTION by Mr. McFarland, seconded by Mr. Meyer, to table this item. Mr. Burns stated that the HRA has adopted prevailing wage. This feels like the prevailing wage is the Council's responsibility, not the HRA's so they should go back to Council and make them pay for it. He thinks that the better route to go is to say that the HRA does not want to go through the approach and accept the reactive approach rather than send this back to Council. That is what he would prefer, but the HRA can pursue the course they want to. Mr. Commers stated that they may well want to do the monitoring. Mr. Bums stated that it would be an unbudgeted expense for a redevelopment project, which is typically an HRA project. It would be an emergency fund balance. Mr. Commers stated that if they go back to accepting the method done by the City with Banfill, he assumes there is no cost. Ms. Dacy stated that there was no cost; but if a claim would be made, costs could match any amount below or above $15,000 to defend the City. If the City or the HRA wanted to go after the developer for the damages, they would expend costs trying to compel the evidence and look at it after the fact. Mr. Commers stated that if this is staff generated, it should be taken to the Council first to see where they stand. Mr. Bums stated they could do that. What are the limitations of a prevailing wage? HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 11 Ms. Dacy stated that the single family housing replacement program is exempt. Owner - occupied redevelopment townhomes are exempt under the ordinance, but the prevailing wage requirements need to be enforced under this type of project. Mr. Meyer stated the wage lists are posted in a public place where the workers congregate. He has never heard of an action needed against a contractor under those circumstances. Why do they create this bureaucracy? Mr. Burns stated that this is not an action, and it may not even need a tabling motion. Mr. Commers stated that what they are saying is to talk to the City Council first and go ahead and draft what you want; but whether or not it is for HRA approval is being reserved. He asked that staff provide copies of the City Council minutes when this is discussed. Ms. Dacy stated that the procedures and forms are needed if there is a problem. It is standard operating procedure. It is a very controversial topic as well and they need to provide the documentation. Ms. Gabel asked if the documentation needs to be this extensive. If this is the HRA's project, the HRA cannot divorce itself from this process. She is wondering about the forms though, and they seem quite extensive. Ms. Dacy stated that this particular developer is used to this and is very cooperative. An experienced contractor will make sure that the subcontactors comply with that. Things will go smoother, faster, and maybe cheaper. Mr. Commers asked if the Rottlund project was exempt. Ms. Dacy stated that was correct. Mr. Commers stated that at the joint meeting, they voted to put this into the prevailing wage, even though it does not fall under that statute. MOTION by Mr. McFarland, seconded by Mr. Meyer, to withdraw the motion to table this item. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. POTENTIAL REDEVELOPMENT PROJECT: FORMER LYNDALE GARDEN CENTER: Ms. Dacy stated that Bob's Produce has purchased the Lyndale Garden Center. They are hoping to redevelop that site and are looking at additional retail and warehouse space for Bob's Produce. They may be planning for a restaurant use as well. They are hoping to finalize plans this winter and wanted to give the HRA an early heads -up that they may come in for a specific request for tax increment assistance. If that is agreed to, then a new tax increment district would have to be created for that particular parcel. In the meantime, HOUSING & REDEVELOPMENT AUTHORITY MEETING, OCTOBER 5, 2000 PAGE 12 they will proceed on their own with the University Station site in demolishing that building and constructing a new building with two tenant spaces, with one having a drive - through window. Mr. Meyer stated that he thought this was a very exciting development. OTHER BUSINESS Mr. Commers asked about an update on the negotiations on the salvage yards, but it is a little premature. The HRA will get a report when there are more details. Mr. Bums stated that he had a meeting with a company called Quick File in the Northco Business Park. They make high density filing cabinets for mail rooms and are seeking DTED funding. They will bring in 25 new jobs and be eligible for $75,000 in DTED funding that would be passed through the City. The City's role would be to fill out the application and file quarterly reports. ADJOURNMENT MOTION by Mr. McFarland, seconded by Ms. Gabel, to adjourn the meeting. Seconded by Ms. Gabel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED AND THE OCTOBER 5, 2000, MEETING OF THE HOUSING AND REDEVELOPMENT AUTHORITY WAS ADJOURNED AT 8:57 P.M. Respectfully submitted, J� �- Sig a L. Joh son aed Recording Secretary r HOUSING AND REDEVELOPMENT AUTHORITY Memorandum DATE: October 27, 2000 TO: William W. Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director _ Grant Fernelius, Housing Coordinator SUBJECT: Consider Tax Increment Financing Plan and Resolution Establishing TIF District No 17 for the Gateway East Project. Introduction At the HRA meeting next Thursday evening, staff will recommend that the HRA establish the tax increment financing district for the Gateway East project. Obviously, the HRA's decision on the development contract with Real Estate Equities will have an impact on whether or not we should proceed and create the district. Assuming the HRA approves the contract, we are suggesting that the Authority also take action to create the TIF district the same evening. One area of concern is the proposed Charter Amendment on the November 7t' ballot regarding a cap on revenue increases for City programs and services. Although, it is unclear what impact, if any, this issue might have from a legal perspective on the HRA, from a practical standpoint it seems to be prudent to finalize as many of the project issues as possible before the Charter Amendment is considered. The City Council would consider final approval of the Gateway East TIF district on November 6, 2000. TIF Plan Overview The attached TIF Plan is required by state law and spells out the details of the TIF district. The TIF Plan includes the traditional "but for" test, plus an estimated budget, a cash flow analysis with tax increment projections, and an estimate of the impacts on the other taxing jurisdictions. The plan anticipates that the new development will have an estimated market value of $4,480,000 and generate $70,820 in new taxes. After deducting the original tax capacity ($4,816) the project will produce about $65,144 in tax increment 3 Gateway East TIF Memo October 27, 2000 Page 2 per year. Over the life of the district (25 years) the cumulative tax increment is estimated to be $2,113,124, less $211,312 for administrative charges which results in $1,901,812 of net available tax increment. Using a 7.5% present value factor, the tax increment revenue stream has a present value of $646,162. There are a number of assumptions in the financial analysis that should be noted. First, the cash flow projection assumes a 2% annual rate of inflation, beginning in 2005/2006. Second, the average sales price is estimated to be $160,000. In our previous analysis we have used an average sales price of $135,000. However, for purposes of the TIF Plan, it is important to error oin- the liberal side and over - estimate revenue since a conservative projection could mean a loss of tax increment to the Authority (any increment over the projected level would have to be returned). From a practical standpoint, the Gateway East project already has a significant shortfall and whatever tax increment is generated will simply "soften" the net cost to the Authority. Intended Use of TIF Legally, all of the tax increment that is generated must be used to pay for eligible expenses incurred after the date the district is certified. In other words, the TIF revenue cannot be used to reimburse the Authority for any expenses incurred to date. However, the funds can be used for the site improvements that have been identified. For example, the roads, utilities, storm ponding, fencing and lighting are all eligible expenses. We have received preliminary estimates that these costs could exceed $600,000 or more. The TIF plan contemplates that 100% of the tax increment will be used to pay for eligible expenses. Need for TIF Creating the tax increment district is needed in order to facilitate redevelopment of this important corner. The traditional "but for" test is met due to the fact that the Gateway East area would not be redeveloped without public involvement. The tax increment will help reduce the net cost to the Authority, which will have invested over $1,200,000 in the project for such things as acquisition, relocation, demolition and site improvements. Without the HRA's assistance, a redevelopment project would not take place. It would be too costly for a private developer to try and acquire the sites and create a cohesive development site. In all likelihood, the project area would continue to decline in condition and become a further blighting influence on the surrounding neighborhood. Gateway East TIF Memo October 27, 2000 Page 3 Other Issues The Gateway East TIF district would be the seventeenth TIF district created by the Authority; however, the number of active TIF districts is far less. For example, Districts No. 4, 5, 8 and 10 have all expired, and Districts No. 2 and 3 are restricted. In the case of the last two districts, no additional expenditures can be made except inside those districts. Using TIF for the Gateway East project is consistent with state statutes and clearly meets the legislative intent of a redevelopment district. _ Next Steps r.. The City Council conducted a public hearing on October 23, 2000, to review the proposed TIF district and plan. There were no major issues raised during the hearing, although Council member Billings inquired about the potential impact of the Governor's tax plan on projects like Gateway East. Jim Casserly, who was in attendance, felt that any impact would be minimal because the State would have a difficult time adopting legislation that would put a city or HRA in an adverse financial position without some sort of corresponding revenue off -set. In terms of the next steps, once the HRA has approved the TIF plan and established the district, the City Council must take action to approve the TIF district. The City Council will consider formal approval of the district on November 6, 2000. The plan has already been submitted to Anoka County and the Fridley School District; to date we haven't received any comments. Recommendation Staff recommends that the Authority approve the attached resolution which establishes Tax Increment Financing District No. 17, adopts the Tax Increment Financing Plan and TIF Plan Modifications to the Redevelopment Plan and related TIF Plans. M -00 -185 RESOLUTION NO. A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 2, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15 AND 16 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1, AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 17 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO 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 modify, approve and adopt a Modified Redevelopment Plan relating to Redevelopment Project No. 1 to reflect increased project costs, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed that the Authority modify, approve and adopt Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 2, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15 and 16 (the "Existing TIF Districts ") to reflect increased project costs within Redevelopment Project No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.1791, inclusive, as amended and supplemented from time to time. 1.03. It has been. further proposed that the Authority approve the creation of proposed Tax Increment Financing District No. 17 (the "Proposed TIF District") and adopt a proposed Tax Increment Financing Plan relating thereto, pursuant to and in accordance with Minnesota Statutes. Section 469.174 to 469.1791, inclusive, as amended and supplemented from time to time. 1.04. The Authority has investigated the facts and has caused to be prepared with respect thereto, a Modified Redevelopment Plan for Redevelopment Project No. 1 and Modified Tax Increment Financing Plans for the Existing TIF Districts to reflect increased project costs within Redevelopment Project No. 1 and a proposed Tax Increment Financing Plan for the Proposed TIF District, defining more precisely the property to be included the public costs to be incurred, and other matters relating thereto. coo HOHN0& SSVHX 6962 SOO 9i8 %V3 ZZ 1;T..I2I3 oo /LZ /oT Page 2 - Resolution No. 1.05. The Authority has performed all actions required by law to be performed prior to the modification, approval and adoption of the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans and the proposed Tax Increment Financing Plan. 1.06. The Authority hereby determines that it is necessary and in the best interests of the City and the Authority at this time to modify, approve and adopt the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans to reflect increased project costs within Redevelopment Project No. 1 and to create the Proposed TIF District and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. Section 2. Findings. 2.01. The Authority hereby finds that the assistance to be provided through the adoption and implementation of the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan are necessary to assure the development and redevelopment of Redevelopment Project No. 1. 2.02. The Authority hereby finds that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with'the City's comprehensive plan. 2.03. The Authority finds that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans, and proposed Tax Increment Financing Plan afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. Section 3. Modification Approval and Adoption of Modified Redevelopment Plan. 3.01. The modification to the Modified Redevelopment Plan for Redevelopment Project No. 1 reflecting increased project costs is hereby approved and adopted by the Commissioners of the Authority and is forwarded to the Fridley City Council for public hearing, review and approval. Section 4. Modification Approval and Adoption of Modred Tax Increment Financing Plans. 4.01. The modifications to the Modified Tax Increment Financing Plans for the Existing TIF Districts reflecting increased project costs within Redevelopment Project No.1 are cooim HOMON SSVU egos see ZT9 M 93:6T Ii9 00 /LZ /OT Page 3 - Resolution No. hereby approved and adopted by the Commissioners of the Authority and are forwarded to the Fridley City Council for public hearing, review and approval. Section 5. Creation of Tax Increment Financing District and Adoption of Tax Increment Financing Plan. 5.01. The establishment of the Proposed TIF District within Redevelopment Project No. 1 and the adoption of the proposed Tax Increment Financing Plan relating thereto are hereby approved and adopted by the Commissioners of the Authority and are forwarded to the Fridley City Council for public hearing, review and approval. Section 6. Filing of Plans. 6.01. Upon approval and adoption of the Modified Redevelopment Plan, the' Modified Tax Increment Financing Plans and the proposed Tax Increment Financing Plan (collectively the "Plans"), the Authority shall cause said Plans to be filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS 2ND DAY OF NOVEMBER, 2000. LAWRENCE R. COMMERS - CHAIRPERSON ATTEST: WILLIAM W. BURNS - EXECUTIVE DIRECTOR t+00@ 3OHNON SWUM 0962 298 NO ZVd ZZM fii 00 /19/04 CERTIFICATION I, William W. Bums, Executive Director of the Housing and Redevelopment Authority in and for the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. adopted by the Authority on the 2nd day of November, 2000. WILLIAM W. BURNS - EXECUTIVE DIRECTOR m. \WMTA \P \mLnLZY \30 \TIF \=A T =Y M -DOC 200[m 30HNOW SSYU 6902 299 8T9 M CUtt f-t! 00IL9107 SECTION XVIII TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 (GATEWAY EAST PROJECT) Subsection 18.1. Statement of Obiectives. See Section I, Subsection 1.5, Statement of Objectives. Subsection 18.2. Modified Redevelopment Plan. See Section I, Subsections 1.2 through 1.15. Subsection *18.3. Parcels to be Included. The boundaries of Tax Increment Financing District No. 17 are described on the attached Exhibit XVIII-A and'Olustrated on- Exhibit XVIII -B. , Subsection 18.4. Parcels in Acquisition. The Authority may publicly acquire and reconvey any or all of the parcels in Tax Increment Financing District No. 17 identified on the attached Exhibit XVIII-A. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The Authority may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Tax Increment Financing Plan; and (2) Such acquisition will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 18.5. Development Activi for high Contracts have been Signed. As of the date of adoption of the Tax Increment Financing Plan, the Authority intends to enter into a Redevelopment Agreement with respect to the activities discussed below. Subsection 18.6. Si3ecific Development Expected to Occur. At this time it is anticipated that an approximately 28 unit owner - occupied, residential housing townhouse development with an estimated market value of $4,480,000, will be constructed beginning in 2001 and will be completed in 2002. Subsection 18.7. Prior Planned Improvements. The Authority shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties within Tax Increment Financing District No. 17 for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the Authority. The county Auditor shall increase the original tax capacity of Tax 18 -1 900 in HOHNOW SSVHX 6069 999 ITO %V3 M4T Il ' 00 /1.9/0T Increment Financing District No. 17 by the tax capacity of each improvement for which the building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the Authority's approval of the Tax Increment Financing Plan. Subsection 18-.8. Fiscal Disparities. The Council hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (a) if and when commercial/industrial development occurs with Tax Increment Financing District No. 17. Subsection 18.9. Estimated Public Improvement Costs. The estimated costs associated with Redevelopment Project No. 1 are listed in Section I, Subsections 1.9 and 1.10. Subsection 18.10. Estimated Amount of Bonded Indebtedness. It is anticipated that $1,599,861 of bonded indebtedness could be incurred witli, respect to this portion of Redevelopment Project No. 1. Pursuant to Minnesota Statutes, Section 469.178, Subdivision 1, General Obligation Tax Increment Bonds may be used as required to amortize the costs identified in Section I, Subsections 1.9 and 1.10. The Authority reserves the right to pay for all or part of the activities listed in. Section I, Subsections 1.9 and 1.10 relating to Redevelopment Project No. 1 as tax increments are generated and become available. Subsection 18.11. Sources of Revenue. The costs outlined in Section I, Subsection 1.9 will be financed through the annual collection of tax increments as well as grants received from the State of Minnesota and the Metropolitan Council. Subsection 18.12. Estimated mated Original and Cap_ tured Tax Capacities. The tax capacity of all taxable property in Tax Increment Financing District No. 17, as most recently certified -by the Commissioner of Revenue of the State of Minnesota on January 2, 2000, is estimated to be $5,016. The estimated captured tax capacity of Tax Increment Financing District No. 17 upon completion of the proposed improvements on January 2, 2002 Is estimated to be $55,072. All the captured net tax capacity is necessary to finance the improvements to be undertaken within Tax Increment Financing District No 17, therefore the Authority chooses to retain all the captured net tax capacity for purposes of tax Increment financing. Subsection 18.13. Tax Increment. Tax increment has been calculated at approximately $64,908 upon completion of the improvements assuming a static tax capacity rate and a valuation increase of two percent (2 %) compounded annually. Subsection 18.14. Tax Ca acit Rate. The estimated 1999 /2000 total tax capacity rate is estimated at 117.859 %. 18 -2 L00 @ SONNOW SSVU 6962 2.88 ZT9 %V3 £Z :6T -1it3 00 /LZ/OT Subsection 18.15. Type of Tax Increment Financing District. Tax Increment Financing District No. 17 is, pursuant to Minnesota Statutes, Section 469.174, Subdivision 10, a Redevelopment District. Subsection 18.16. Duration of Tax Increment Financing District. The duration of Tax Increment Financing District No. 17 is expected to be twenty five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is estimated to be July, 2003. Thus, it is estimated that Tax Increment Financing District No. 17, including any modifications for subsequent phases or other changes, would terminate in the year 2028. Subsection 18.17. Estimated Im a on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of Tax Increment Financing District No. 17!' If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the attached Exhibit XVIII -E reflects the estimated impact of Tax Increment Financing District No. 17 if the "but'for° test was not met. Subsection 18.18. Election of City Contribution. The Council hereby elects a qualifying local contribution equal to five percent (5.00 %) of the tax increment generated from Tax Increment Financing District No. 17, as set forth in Minnesota Siltutes 273.1399. Subsection 18.19. Modification of Tax Increment Financing Distri and /or Tax Increment Financing Plan. On November 13, 2000, no modifications to Tax Increment Financing District No. 17 or the Tax Increment Financing Plan therefore has been made, said date being the date of initial approval and adoption thereof by the City Council. G:% WPDATA %FWRIDLEY%30%TIFITIFPLAN.DOC 18 -3 600 0 a0vRow SSVHX 6969 999 ZT9 %V3 EZ :vT I13 00 /bZ /OT EXHIBIT XVIII — A PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 17 AS ORIGINALLY ADOPTED NOVEMBER 13, 2000 PIN 23- 30 -24 -24 -0014 PIN 23- 30 -24 -24 -0072 PIN 23- 30 -24 -24 -0073 PIN 23- 30 -24 -24 -0074 PIN 23- 30 -24 -24 -0075 PIN 23- 30 -24 -24 -0076 PIN 23- 30 -24 -24 -0101 PIN 23 -30 -24-24 -0102 PIN 23- 30 -24 -24 -0103 Including all adjacent rights -of -way. XVIII —A -1 6002 HOHNOW ssvn 0902 299 9T9 %Vd t9 :trT I?I3 00 /19 /OT EXHIBIT XVIII - B BOUNDARY MAP OF TAX INCREMENT FINANCING DISTRICT NO. 17 AS ORIGINALLY ADOPTED NOVEMBER 13, 2000 XVIII -B -1 OTOIB MHON SSVu 0069 299 9TO %V3 t9:3T* Ii ' 00 /LZ /OT r ;M'Sa ��. xwatl .. 1 ffTn II rMn w1.ar �!11Ii� /r I �4 II I" I y City of Fridley Redevelopment Project Areas and Tax Increment Financing Districts tIM,rr 11M t itiil} ;Illlllt lllhi IJIII�I 111' l „III II IIII IIiII IIV. /I I I ' I'1'Ili��a ••�!'�ihit lli'Ililli�lll l 11 .r,I.lt LEG END Existing T1F District r--1 6tisbng Redevelopment Project Area [-1 Railroad Corridor Proposed -nF District #17 N Q Water Feature I: wi=. - I :50.000 2M Zppp aaro Fed Map Date: September 27,2= .I Lli i ,..nw m�.rlcal I.," Now O(0(1I/tpM111a1p1111111.0 PwAtla4w IkYY.Iwi�W�rn••c*•�••••••'°•.__ .._....._..__ .---•- TTOIB 30HWOM SSVHx 6962 999 ZT9 %Vd Wt+T Ill 00%LZ /OT L� EXHIBIT XVIII - C CASH FLOW ANALYSIS FOR TAX INCREMENT FINANCING DISTRICT NO. 17 AS ORIGINALLY ADOPTED NOVEMBER 13, 2000 r-,' XVIII -C -1 ZTOlm soumox ssvn 6969 999 9T9 IVA tl : PT IM 001WOT CITY OF FRIDLEY GATEWAY EAST - TOWNHOMES Real Estate Equities Proposal ASSUMPTIONS Original Market Value land Area Laced Aulwiag TOIAi- PID # 23- 30.24 -24 -0014 25,974 58,500 115,901 174,401 23- 30- 24- 24.0072 11,240 33,720 24,900 58,620 23.30 -24 -24 -0073 5.620 16,860 16,860 23 -30 -24.24 -0074 11,240 30,000 30,000 23- 30 -24 -24 -0075 5,620 27,000 27,000 23- 30 -24 -24 -0076 11.240 30,000 85,897 115,897 23- 30 -24 -24 -0101 16,800 58,800 58,800 23- 30- 24- 24.0102 5,600 (right of way) 10,000 10,000 23- 30 -24 -24 -0103 5,600 (right of way) 10,000 10,000 98,934 sq. ft. 274,880 226,698 501,578 Original Tax Capacity - 5,016 1.00% <= 76,000 1.65% > 76,000 _ # of townhouse owners 28 ' PHASE Estimated Market Value 14 units @ 160,000 /unit = 2,240,000 Estimated Tax Capacity 14 units 30,044 1.00% <= 76.000 1.65% > 76,000 Estimated Taxes 14 units @ 2,529 /unit = 35,410 Estimated Tax Increment 29,498 Construction 2001 50% Valuation 2002 Taxes Payable 2003 PHASE 11- cumulative Estimated Market Value 28 units @ 160,000 /unit = _ 4,480,000 Estimated Tax Capacity 28 units 60,088 1.00% <= 76,000 1.65% > 76,000 Estimated Taxes 28 units @ 2,529 /unit = 70,820 64,908 Estimated Tax Increment Construction 2002 100% Valuation 2003 Taxes Payable 2004 10.00 °Jo Admin /Program Fees 1.17860 Pay 2000 Tax Rate 2.00% Inflation 2005 / 2006 7.50% P. V. Rate 12/01/00 Gateway East TIF.xIs Prepared by Krass Monreo, PA. p 10127/2000 £TOC� 302iNON SSYNX 8982 888 9T9 BV3 99 :tT IU 00 /LUOT CITY OF FRIDLEY GATEWAY EAST - TOWNHOl1AiiES Real Estate Equities Proposal CASH FLOW AND PRESENT VALUE ANALYSIS - ANNUAL > < ----- ---- -- -- SEMI - ANNUAL --- 0 0 (a) (e) (c) (d) (e) (f) (9) (h) 0) U) Original Estimated Captured Estimated Less: Available Cumulative 4-- Present Value --> Tax Tax Tax Tax Admin Tax Avail. Tax Semi Annual Cumulative Date Capacity Capacity Capacity Increment Fees Increment Increment Balance Balance (sae assumptions.) (c) - (b) (d) x (e) x (e) - (t) Total of (g) P.V. of (g) Total q1(1) 2.0% Inflation (prev. year) 1.1786 10.00% 12/01/02 5,016 7.50% 12/01/00 06/01/00 5.016 5,016 0 0 0 0 0 0 12/01/00 6,016 5,016 0 0 0 0 0 0 08/01/01 5,015 5,016 0 0 0 0 0 0 12/01/01 5,016 5,016 0 0 0 0 0 0 06101/02 51015 30,044 0 0 0 0 0 0 0 12/01/02 5,016 30,044 0 0 0 0 0 0 0 06101/03 5,010 60,088 26,028 14,749 1,475 13,274 13,274 11.043 11.043 12/01103 5,016 00,088 25.028 14,749 1,475 13,274 26.548 10,643 21,686 08101104 5,016 60,088 66,072 32,454 3,245 29,209 55,767 22,673 44,259 12/01/04 5,016 60.088 55.072 32,454 3,246 29,209 64,966 21,757 66,017 06101/05 5,016 61,290 66,072 32,454 3,245 29,209 114,174 20,271 86,988 12/01/05 5.016 61,290 55,072 32.454 3,245 29,209 143.383 20,213 107,201 06/01106 5,016 62,516 66,274 33,102 3,316 29,846 173,229 19,908• 127,108 12/01/06 5,016 62,616 56,274 33,162 3,316 29,846 203.075 19,10 146,296 06/01/07 5,016 63,766 57,500 33,886 3,388 30,496 233,671 18897 165,193 12/01107 5,015 63,766 57,800 33.885 3,388 30,496 264,087 18,214 183,408 06/01/08 5,016 66,041 58,750 34,621 3,462 31.159 295,227 17,938 201,345 12101/06 5.016 66.041 58,750 34,621 .3,462 31,159 326.386 17,289 218,635 06101/09 5,016 65,342 60.025 35,373 3,537 31,836 358,222 17,026 235,661 12/01/09 5,010 66,342 50,025 35,373 3,537 31,836 390,057 16.411 252071 06/01/10 5,016 67,669 61.326 36,140 3,614 32.526 422,583 16,160 268,232 12/01/10 5,016 67,669 61,326 36,140 3.614 32,526 455,109 15,576 283,808 06101/11 5,016 69,022 62,653 36,921 3,692 33,229 488,338 15.338 299,146 12101/11 5,016 69.022 82.653 36,921 3,692 33.229 621,567 14,784 313.930 06/01/12 5.016 70,403 64.006 37.719 3,772 33,947 555,514 14,557 328,487 12101/12 61016 70,403 64.006 37,719 3,772 33.947 589,461 14,031 343,518 05/01/13 5.015 71.811 05,387 38,532 3,853 34,679 624,141 13,816 356,334 12101113 5,016 71,811 65,387 38,532 3,863 34,679 658,820 133,316 369,650 06/01114 51016 73,247 66,795 39,362 3.936 35.426 694,246 13,111 382,761 12/01/14 5,016 73,247 65,795 39,362 3,936 35,426 729,672 12,637 395,398 06101/15 5.015 74,712 68,231 40,209 4,021 36,188 765,860 12,442 407,841 12101/15 5,016 74.712 68.231 40,209 4,021 36,180 802,047 11.993 419,833 06101 /16 5.016 76,206 69,696 41,072 4,107 36,965 839,012 11,807 431,641 12/01/16 5,016 76.206 69,696 41,072 4,107 35,965 875,977 11,381 443,022 06/01/17 5,016 77,730 71,190 41,952 4,195 37,757 913,734 11,205 454,226 12101/17 51016 77,730 71,190 41,962 4,195 37,757 951,491 10,800 465,026 06/01/18 5,016 79,285 72,714 4201 4.285 38.566 990,057 10,632 - 475,658 12/01/18 131016 79,285 72,714 42,851 4,285 38,566 1,028,622 10,248 485,905 06/01/19 5.015 80.871 74,269 43,767 4,377 39.390 1.068,012 10.089 495,994 12/01/19 5,016 80,871 74,289 43.767 4,377 39,390 1,107,403 9,724 505,718 06101/20 5,016 82.488 75,855 44,701 4,470 40.231 1,147.534 9,573 515,290 12/0120 5,016 82,488 75,856 44,701 4,470 40,231 1,187,865 9,227 524,517 0610121 5,016 84.138 77,472 46,654 4,565 41,089 1,228,954 9,083 533,699 12/01/21 5,016 84,138 77,472 45,654 4.565 41.089 1,270.043 8,754 542.354 06101/22 5,010 85.820 79,122 46,627 4,663 41,964 1.312,006 8,618 550,971 12/0122 5,016 85,820 79,122 46.627 4,663 41,964 1,353,970 8.306 559,278 06/01/23 5.016 87.537 80.805 47,618 4,762 42,856 1,396,827 8,176 567,454 12/01/23 5,016 87,537 80,808 47,618 4,762 42,855 1,439,683 7,881 575,334 06/01124 5.016 89,288 82.521 48,630 4,863 43,767 1,483,450 7,757 583,092 12/01/24 5.016 89,288 82,521 48,630 4,863 43,767 1,527.217 7,477 590,588 06101/25 5,016 91,073 84,272 49,661 4,966 44,695 1,571,912 7,359 597,928 12/01/25 5,015 91,073 84.272 49,661 4,966 44,695 1,616,607 7,093 605,021 06/01/26 5,016 92,895 86,068 50,714 5,071 45,642 1.662.249 6,9112 612,003 12101/26 5,016 92.898 86,058 50,714 5.071 45,642 1,707,892 6.730 618,733 06/01/27 5.016 94,753 87,679 51,787 6,179 46,608 1,754,600 6,624 625,356 1210127 5,016 94,763 87,879 51,787 5,179 46,608 1,1301.109 6,384 631,740 06/01/28 5,016 94,753 89,737 52,882 5,288 47,594 1.848,702 6,284 538,024 12/01128 5,016 94,753 89,737 52,882 5.288 47,594 1,896,296 6,056 644,080 Gateway East TIRxis Prepared by Krass Monroe, PA. 101272000 f+TO Qj HOHNOW MEN 6969 999 ZT9 M 99 : t+T IRd 00 /LZ/OT EXHIBIT XVIII — D "BUT FOR" ANALYSIS TAX INCREMENT FINANCING DISTRICT NO. 17 The proposed redevelopment district consists of nine parcels, three of which contained structures. The City Council and the Authority adopted resolutions determining that those three parcels were occupied by structurally substandard buildings and such parcels were to be included within a tax increment financing district. The substandard structures were demolished in 2000. The street pattern in this area is also inefficient. Four of the nine parcels are "double frontage" lots. The structurally substandard buildings consisted of J.R. Automotive, Cash 'n Pawn (a former service station) and a duplex. The property proposed to be included "within the district is also blighted due to incompatible land uses and contamination.. It is proposed that 28, owner - occupied, townhouse units be constructed within the district and will be sold at prices starting at $126,000. it is expected the City's tax base will increase by approximately $4,000,000. The proposed tax increment district contains parcels that have land uses that are incompatible with each other and with adjacent parcels, have required - remediation and require major infrastructure -improvements. The new construction will improve the currently underutilized property that is located in a highly visible area of the City along University Avenue and will provide a buffer between existing commercial and single - family, residential areas within the neighborhood. The existing University Avenue frontage road will be reconstructed in a more conducive alignment for efficient development and double frontage lots will be eliminated. Because of the substantial costs of acquisition, relocation, demolition, remediation, and utility and street relocation, all of which substantially exceed the market value of the land, this redevelopment project could not proceed without the financial assistance of the Authority. 0. \WMATA \S \MMLE7 \30 \Tip \TZBPLM -D= XVIII —D -1 STO (M 308NOW SSV0 6962 299 ZT9 M SZ : YT Ill 00 /LZ/OT EXHIBIT XVIII - E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 17 IMPACT ON TAX BASE IMPACT ON TAX RATE ORIGINAL ESTIMATED ' CAPTURED DISTRICT TAX ENTITY TAX TAX TAX AS % BASE CAPACITY CAPACITY CAPACITY OF TQTAL City of Fridley 25,967,424 5,016 60,088 55,072 0.212% County of Anoka 200,812,271 5,016 60,088 _ 55,072 0.027% ISD #14 11,740,431 5,016 60,088 55,072 0.469% IMPACT ON TAX RATE ' Assumes construction would have occurred without the creation of a Tax Increment Financing District. If construction is a result of Tax Increment Financing, the impact is $0. XVIIi -E -1 9T01M ROHNOW SSVVx 6902 299 ZT9 %Y3 99:tT Il'Ia 0011910T TAX % OF TAX TAX RATE ENTITY RATE MEAL INCREMENT INCREASE City of Fridley 0.17070 14.48% 9,401 0.036% County of Anoka 0.30861 26.18% 16,996 0.008% ISD #14 0.61655 52.31% 33,955 0.291% Other 0.08273 7.02% 4,556 1.17859 100.00% 64,907 ' Assumes construction would have occurred without the creation of a Tax Increment Financing District. If construction is a result of Tax Increment Financing, the impact is $0. XVIIi -E -1 9T01M ROHNOW SSVVx 6902 299 ZT9 %Y3 99:tT Il'Ia 0011910T 1- - HOUSING AND REDEVELOPMENT AUTHORITY Memorandum DATE: October 27, 2000 TO: William W. Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director Grant Femelius, Housing Coordinator - SUBJECT: Consider Contract for Private Redevelopment with Gateway East Redevelopment LLC (Real Estate Equities) for the Gateway East Project Staff is continuing to work on the details of the development contract for the Gateway East Project. Our legal counsel is still working with Real Estate Equities on a number of issues that need to be addressed. An initial draft of the agreement was prepared by Krass Monroe and distributed to the developer and staff on October 19t. Over the course of the last week the developer's legal counsel has had an opportunity to review the agreement and provide feedback. At this point they have identified three areas of concern. First, is a concern about the potential tax implications of the $546,000 in HRA assistance for the project. As you know, the HRH's funds will be used to pay for the site improvements which are estimated at over $600,000. Under the current draft the assistance could be interpreted as a grant or income and therefore subject to income taxation. The developer wants the agreement to clearly state that the funds are being used to improve the site before title transfers. One option we are exploring is to execute a separate construction contract with developer for the site improvements. We hope to have this issue resolved by the meeting. Second, the developer has also expressed concerns about the limitation of the HRA's funds for site improvements only. From their perspective, the site work is just one component of the project. Although, they have good estimates on the cost to construct the units, they are concerned that a potential over -run (for lumber or other materials) could create problems and would like the HRA funds to help off -set those issues as well. Staff has indicated that the HRA's funds are limited to TIF- eligible expenditures and not for general construction. The third and more significant issue relates to environmental clean -up. The current draft indicates that the HRA is selling the site "as is" and assumes no liability for any environmental clean -up. The developer contends that they do not have the resources to take on a clean -up effort in the event that contaminated soils are found. As you recall, when the HRA acquired the Cash 'n' Pawn property from the Holiday Companies, we discovered a small pocket of contaminated soil in an area below the former fuel tanks. Our environmental 0 Gateway East Contract Memo October 27, 2000 Page 2 consultant felt that the area of contaminated soil was so small and far enough below the surface that we could proceed with the development and leave the soil in place. MPCA allowed us to proceed in this manner, but required that we file a Remedial Action Plan which would indicate how the contamination, if impacted, would be dealt with. A site closure letter and no association letter was issued by the MPCA to the Authority. The developer feels that there is a good possibility they may come in contact with the soil during excavation for utilities and are uncomfortable without assurances that the HRA will help with any remediation effort. Obviously, our legal counsel is concerned about the implications of doing so and we are currently evaluating what options exist. A related issue to this matter is what happens to the development schedule and the performance dates contained in,the agreement. Again, we are continuing to examine these issues and hope to have an update for the Authority on Thursday night. To follow is a summary of the contract terms that both parties have agreed to at this point. Overview Deve %per The contract will be executed with Gateway East Redevelopment, LLC, a limited liability company, jointly formed by Real Estate Equities Development Company and Bisanz Brothers Development Company. Previously, Real Estate Equities was the developer named in the agreement. Minimum Improvements The developer shall construct twenty -eight (28) town homes on the project site. Attached is the latest version of exterior elevations and floor plans for the project. The developer was able to incorporate a front porch, additional landscaping and brick banding into the design, as requested by staff. The units will be a split -entry design and have a two car tuck under garage at grade; a kitchen, great room, dining room and bathroom on the main level; and two bedrooms, a bathroom and laundry on the upper level. Each unit will have an entry porch and a private deck. The units will be priced in the $126,000 to $142,000 range. We should also point out that the site plan has been slightly modified to shift some of the units on the south side away from the Valvoline site. This change does not affect the density of site nor create any adverse impacts on functionality of the site plan. retina The construction of the town homes would take place on or about May 1, 2001 and be completed by December 31, 2002. The term sheet identified an April 1, 2001 start date, however the developer feels that May 1st is more acceptable. Gateway East Contract Memo October 27, 2000 Page 3 Purchase Price and Ciosin As discussed previously, the Authority will sell the land for $1.00. The land price reflects the extraordinary costs associated with developing on the Gateway East site (e.g. prevailing wage requirement, site location, and surrounding neighborhood). The closing would take place on or before May 1, 2000. The closing date will allow the developer to go through the land use approval process before taking title. Staff has no objections to this approach since the land use approvals will be required in order to undertake the project. It may be necessary for the developer to start work (e.g. site improvements) before the closing date. Pub lic Improvements and Site Improvements The developer will coordinate and construct all of the site improvements. Eligible improvements include such things as site grading, roads, utilities, sidewalks, landscaping, lighting and decorative fencing. The HRA has agreed to contribute $545,000 toward these costs and the funds will be placed into an escrow account and drawn down by the developer as the work is completed. Any remaining funds would be returned to the Authority. The developer would be responsible for any costs above the escrow amount. Revenue Participation As a means of re- couping some of the Authority's investment in the project, the developer has agreed to share in any profits or "net revenues" after the project is completed. The development agreement stipulates that both parties shall receive an equal split of the net revenues. For purposes of the agreement, net revenue is calculated as the total revenue for the project, plus the Authority's contribution, less the developer's expenses. Exhibit F to the agreement describes the expenses that are eligible for deduction. Otherlssues The developer has identified several smaller, less substantive issues in the agreement which our legal counsel is evaluating. From staffs perspective we are still trying to incorporate appropriate language regarding the payment of prevailing wages. Although, the developer is willing to pay them as part of the project, we may need to add detailed language to the agreement because referencing the ordinance and resolution may not provide proper legal protection. Recommendation Staff will have an update on the status of our negotiations and a recom - mendation on Thursday night. 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