HRA 02/17/1982 City of Fridley
AGENDA
HOUSING & REDEVELOPMENT AUTHORITY MEETING WEDNESDAY, FEBRUARY 17, 1982 7:30 P.M.
Location: Community Room II (lower level ) PAGES
CALL TO ORDER:
ROLL CALL:
APPROVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES: JANUARY 14, 1982 1 - 8
APPROVE SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MINUTES: JANUARY 21 , 1 - 4
1982
APPROVE SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MINUTES: FEBRUARY 1 , 1 - 4
1982
1 . CENTER CITY PROJECT 1 - 11
A. Shopping Center - Phase III
1 . Memo No. 82-06, Executive Director (information)
B. Christiansen Building - Demolition (SEPARATE)
1 . Memo No. 82-07, Executive Director (information)
C. Appraisal Report - Northwestern Bell Telephone Building (SEPARATE)
1 . Memo No. 82-10, Executive Director
2. MOORE LAKE PROJECT 12 - 19
A. Phase I
1 . Memo No. 82-11 - Update on Nybo Project
B. Phase III
1 . Memo No. 82-08, Executive Director (information)
C. Phase V-VII
1 . Memo No. 82-12, Executive Director
3. NORTH AREA PROJECT 20 - 43
A. Phase I
A. Memo No. 82-10, Executive Direction (Action on Housing Bond Pro-
gram for 360-Unit Complex).
B. Memo No. 82-12, Executive Director. 'Proposal for anlndustrial Site
(Jim Benson)
Housing & Redevelopment Authority Meeting
February 17, 1982
Page 2
PAGES
4. LARGE FAMILY PROJECT 44 - 47
A. Memo No. 82-05, Mary Cayan (Action on extension of 90 days)
B. Letter from Thomas Feeney, Area Manager, HUD
5. FINANCE 48
A. Check Register
6. OTHER BUSINESS: 50 - 64
A. Report from MN National Association of Housing and Redevelopment
Officials - (Proposed Legislation).
ADJOURNMENT:
CITY OF FRIDLEY
HOUSING & REDEVELOPMENT AUTHORITY
MEETING
JANUARY 14, 1982
CALL TO ORDER:
Chairperson Commers called the January 14, 1982, Housing & Redevelopment
Authority meeting to order at 7:36 p.m.
ROLL CALL:
Members Present: Larry Commers, Russell Houck, Carolyn Svendsen, Duane Prairie,
Elmars Prieditis (arr. 7:38 p.m.)
Members Absent: None
Others Present: Jerrold Boardman, City Planner
Ed Hamernik, Councilman
Virginia Steinmetz, League of Women Voters
Cheryl Nybo, 1612 Berne Circle
J. M. Suh, 12 Island Rd. , St. Paul 55110
APPROVAL OF DECEMBER 10, 1981 , HOUSING & REDEVELOPMENT AUTHORITY MINUTES:
MOTION BY MR. HOUCK, SECONDED BY MS. SVENDSEN, TO APPROVE THE DECEMBER 10, 1981,
HOUSING & REDEVELOPMENT AUTHORITY MINUTES.
Mr. Commers stated that on page 3, paragraph 4, the first sentence should be
amended as follows: "Mr. Remmen stated the reason they did not proceed on that
basis was because this thing actually would not be in a position of "break-even"
based on the rents and would probably not be in the position of "break-even
until the eleventh year."
(Mr. Prieditis arrived at 7:38 p.m.)
UPON A VOICE VOTE, COMMERS, HOUCK, SVENDSEN, AND PRAIRIE VOTING AYE, PRIEDITIS
ABSTAINING, CHAIRPERSON COMMERS DECLARED THE MINUTES APPROVED AS AMENDED.
1 . CENTER CITY PROJECT
A. Phase III - Shopping Center (Memo #82-01 from Executive Director)
Mr. Commers stated that, as he understood it, there have been some
changes concerning this project.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 2
Mr. Boardman stated he did meet with Mr. Remmen on Monday. At that
time they had gone over some figures Mr. Remmen had put together
and things were looking fairly good with those figures. However, on
Tuesday, Mr. Remmen's people met with Prudential , and Prudential said
they would not go with the buy-out. At that point in time, Mr. Remmen
was out looking for other insurance companies to finance the project.
Mr. Boardman stated that today Mr. Remmen had called him to tell him
that Mr. Hauser has pulled his lease out of the project, and that was
the one key element in the project as far as financing.
Mr. Boardman stated that in light of this new situation, he felt they
have extended the project long enough with Center Plaza Development
Corporation and they should take away their sole right of development
on that property and again open it up to other developers, with the
understanding that Mr. Remmen can compete for the project. He thought
they should start looking for another development. He stated he has
discussed this with Mr. Qureshi and Mr. Herrick. The HRA is in the
position where they can grant another extension to Mr. Remmen, but at
this point, they have given Mr. Remmen a total of 440 days to try to
put the package together. Mr. Remmen started the package on Oct. 27, 1980.
Mr. Boardman stated he had hoped that Mr. Remmen could make it to the
meeting this evening, but Mr. Remmen is sick and will probably be unable
to come.
Mr. Commers stated he is sure that Mr. Remmen had substantial costs in
the front end of the project, and he did not like to have to do anything
when Mr. Remmen was unable to be present and discuss it with the HRA.
But, of course, there are two sides to the story, and the HRA has granted
Mr. Remmen many extensions and has worked with him for 12 years.
Mr. Boardman stated they are concerned about Mr. Remmen, but they are
also concerned with the limited partnership. The limited partnership
is the one group that will tend to lose out on this project, and he
thought if they can tie the limited partnership into another project or
if they could work with the limited partnership in an attempt to put
a package together to assist that partnership, it is a possibility.
Dr. Suh stated he wished Mr. Jim Vasser could have been at the meeting,
but he is out of town. Mr. Vasser is the other general partner. He
stated he personally felt that somehow Mr. Remmen would put the package
together. Because of a lot of personal legal problems from previous
projects, Mr. Remmen was not able to function as well as he would have
liked to. Dr. Suh stated he understood those legal problems are still
going on, and he now doubted if Mr. Remmen would have ever been able to
put the package together.
Mr. Prieditis stated he had similar doubts as Dr. Suh had expressed. He
could not see where if Mr. Remmen has not been able to pull the package
together to date, that they would have any better hope of him doing so
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 3
in the next 3-4 months. Maybe in 6-8 months another developer could
put a package together and be more successful .
Ms. Svendsen stated she also agreed with Mr. Prieditis. Mr. Remmen
would still have the opportunity to resubmit a proposal if he wished to.
But, she really felt there came a time when the HRA has to make a
decision.
Mr. Prairie stated the whole Center City project is really frustrating,
and there doesn't seem to be any solution. It would have been nice if
Mr. Remmen could have been at the meeting, but this would be the seventh
extension, and it was not like blowing the whistle the first or second
time. If they withdraw Mr. Remmen's right of development and Mr. Remmen
came up with a proposal in the next month, he would not have lost anything;
he just would not have exclusive rights.
MOTION BY MR. PRAIRIE, SECONDED BY MR. HOUCK, THAT BECAUSE THE CENTER
PLAZA DEVELOPMENT CORPORATION HAS NOT CONSUMMATED THE NECESSARY DOCUMENTS
ON A GIVEN DATE AND THEREFORE BY THAT FAILURE TO ACT HAS FORFEITED THEIR
EXCLUSIVE RIGHTS FOR DEVELOPMENT, THE HRA IS WITHDRAWING THEIR EXCLU-
SIVE RIGHTS TO DEVELOP THE SHOPPING CENTER FPHASE,'iIII)• a$ ,GRANTED HERETOFORE.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Boardman stated he would like to know what action City Staff should
do as far as notification to the tenants in that area. He felt it was
essential that a letter be sent to the tenants telling them the right of
development has been removed from Mr. Remmen.
Mr. Commers stated that letters should be sent immediately to the
tenants explaining the current status on the matter, and he thought they
should discuss the steps that should be taken to make sure developers
are aware that this project is reopened.
Mr. Boardman stated that, initially, they sent out RFP's (Request for
Proposals) and that had a certain number of days for the developers to
respond to the City. Since that time, he has been in contact with a
number of developers who had expressed an interest.
Mr. Commers stated he felt they should follow that procedure again.
MOTION BY MR. HOUCK, SECONDED BY MR. PRIEDITIS, TO AUTHORIZE STAFF TO
SEND OUT REQUEST FOR PROPOSALS AS DONE IN THE PAST AND, IN ADDITION,
IF THERE ARE ANY DEVELOPERS SHOWING ANY INTEREST OR INTENT WITHIN THE
NEXT 30 DAYS, TO REQUEST THAT THOSE PEOPLE APPEAR BEFORE THE HRA AT
THEIR FEB. 12, 1982, MEETING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 4
Dr. Suh stated he would like something stated in the minutes that would
reflect some favor towards the existing partnership in order to protect
some of the interest within the area. He went into the partnership
because the City picked Mr. Remmen as the developer. He had not known
anything about Mr. Remmen, and even though he thought it might be
risky, he was willing to go into the partnership because the City was
backing the developer. He was sure the other partners did the same thing.
Mr. Commers stated he did not think the HRA could assure that whatever
investment or arrangement Dr. Suh and the other partners had made with
Mr. Remmen could be protected.
Mr. Prairie stated they could mention to those developers who are
interested in this project that there are some members of the limited
partnership who are interested in participating in the project.
Mr. Boardman stated a couple of the developers he has talked to are
interested in looking at a joint project with the limited partnership.
He did not think there was anything the HRA could do to guarantee that.
He thought that Jim Vasser and the limited partnership should definitely
attempt to put a package together for that investment interest they do
have. The HRA will look at it, and he was sure the HRA will take into
consideration what the limited partnership has been through in the invest-
ment they have been willing to make in the City of Fridley, but he did not
think there was any guarantee. The HRA has to look out for what is in
the best interest of the City and pick a package they feel is going to
proceed.
Mr. Commers stated he would like the minutes to reflect that, if anyone
shows an interest in the project, the Staff is instructed to advise them
about the limited partnership and those people's investment and to try
to encourage any interested parties to contact the limited partnership
to see if they can make some kind of mutually satisfying and acceptable
arrangement.
B. Phase II - Columbia Park Clinic (Memo #82-02 from Executive Director)
Mr. Boardman stated that since Mr. Signorelli had not yet arrived,
they could start discussing the project. He stated he, Mr. Signorelli ,
his attorneys, and the city attorneys had a meeting and went over the
contract documents. He stated they were essentially in agreement with
all the contract documents.
Mr. Boardman stated the Columbia Park Clinic people are presently
surveying the property to get the contours for their building design.
The first phase is for a 28,000 sq. ft. two-story building with
14,000 sq. ft. on each floor. The proposal they have worked on and
are submitting to the HRA is that they would sell the first phase of
the property to the Columbia Park Clinic for $1 . The Columbia Park Clinic
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 5
is also looking for an option for an expansion up to another 28,000 sq. ft.
building by 1986. The Columbia Park Clinic people want the visibility
to University Ave. , so prior to their opening in 1983, the buildings
along University Ave. have to be removed.
Mr. Prairie asked if those property owners have been notified.
Mr. Boardman stated they have not.
Mr. Commers stated this was the first time that the removal of all
the structures has been discussed. If they approve this contract
document, are they legally obligated to remove those buildings?
Mr. Boardman stated that the contract document does not specifically
make that statement, however, it is one of the concessions Columbia
Park Clinic would like from the HRA. They would have preferred to
locate the struction on the west part of the property, however they
deferred to the east portion so that construction can begin as soon
as possible.
Mr. Boardman stated that with the option in Phase II, the City would
provide the Columbia Park Clinic with land for 12 times the building
footprint, plus adequate parking for the development of up to one stall
for every 200 sq. ft. of building.
Mr. Boardman stated the Columbia Park Clinic has until Jan. 1 , 1986,
to exercise the option. If they exercise the option, the option price
will be based on a dollar that has not been determined at this time.
Before they sign any documents, the HRA has to approve a purchase price
on that property. The Clinic would buy the property plus a consumer
price index of between 8-12%. It is in the HRA's best interest to
have the Clinic build on that property as soon as possible. If they
occupy the building before Jan. 1 , 1986 (that gives them two years from
the acceptance of the option to be in the building) , the City would
give them a benefit of 6.7% on the purchase price of the land.
Mr. Commers stated he felt there needed to be a lot more analysis on
this project. The more he heard, the more uncomfortable he became with
the project. He felt it is going to take several hours of study to
determine what the' HRA should do.
Mr. Boardman stated the HRA has to also consider that medical office
buildings are valuated at a much higher rate per square foot than
regular office buildings. In this sense, they are looking at a tax on
that building of around $2.72/sq. ft. compared to a regular office
building at around $2.00/sq. ft. and retail/commercial at around $1 .00-
$1 .20/sq. ft.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 6
After receiving a phone call from Mr. Signorelli , who had been delayed
because of another meeting, the HRA set a special meeting for Jan. 21
at 5:00 p.m. at City Hall in order to discuss the Columbia Park Clinic
proposal with Mr. Signorelli .
Mr. Commers stated that the HRA members are in agreement that some
type of procedure has to be put together to notify the tenants and owners
of the property along University Ave. and give them the opportunity to
be heard.
Mr. Prairie suggested that Mr. Boardman talk to these people in order
to get some feedback and then give that information to the HRA at their
Jan. 21st meeting.
Mr. Commers stated Mr. Boardman should first send a letter to the tenants
and owners and then also talk to them. After receiving that input, the
HRA can decide at their Jan. 21st meeting what the next step should be.
Mr. Commers stated some of the things the HRA would like to discuss
further with Mr. Signorelli is:
(1 ) alternative sites
(2) some type of better commitment on Phase II
(3) questions answered on price
(4) clarification of purchase price languange
Mr. Commers stated the HRA members should review the contract document
before the Jan. 21 meeting.
II. MOORE LAKE PROJECT
A. Phase I - Office Building - Cheryl Nybo
Mr. Boardman stated he would like Ms. Nybo to give a report on the
office building.
Ms. Nybo stated they are in the process of putting the final pieces
together. There are lenders in the market who are interested. The
lenders are requiring 50% intent to lease on the project. She stated
they have about 25% at this time and are working on the additional
25%. She stated she was asking the HRA for some assurance of time--
perhaps a 60-day extension--in order to come up with additional tenants.
Mr. Boardman stated he had no problem with granting Ms. Nybo a 60-day
extension. The project has been moving along favorably.
MOTION BY MR. HOUCK, SECONDED BY MS. SVENDSEN, TO GRANT TO CHERYL NYBO
A 60-DAY EXTENSION OF TIME IN WHICH TO COMPLETE THE PROJECT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 7
III. FINANCE
A. Check Register
MOTION BY MR. PRAIRIE, SECONDED BY MR. HOUCK, TO APPROVE THE CHECK
REGISTER DATED 12/31/81 IN THE AMOUNT OF $15,000 AND THE CHECK
REGISTER DATED 1/13/82 IN THE AMOUNT OF $377,072.03.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
IV. BY-LAWS APPROVAL
Mr. Hamernik referred to the "Manner of Voting", Article V, Section
second sentence, in the new proposed By-Laws which states: "All motions
and resolutions shall require an affirmative vote of a majority of the
commissioners." He stated that in the original By-Laws, Article XII ,
it states: "All motions and resolutions shall require an affirmative
vote of a majority of the Members of the Authority." He stated the wording
in the proposed By-Laws could be interpreted that the majority of a
quorum (2 out of 3 members) could pass resolutions. In the old By-Laws,
it would have to be 3 out of the 5 members in order to pass resolutions.
He stated he would prefer the wording in the old By-Laws.
Mr. Commers stated that the HRA can still conduct business with three
members, but if all three members do not agree, they cannot pass a resolution.
Mr. Boardman stated he had no problem with going with the wording in
the old By-Laws.
The rest of the HRA members felt that the original wording was more
appropriate.
Mr. Commers stated that amendments to the By-Laws can be made at any
time by a majority of the HRA members, so the amendment process is not
real complicated. He stated that on other commissions he has served on,
when there was going to be an amendment, the commission usually provided
that the amendment had to be sent to all the members in writing some-
time before the meeting so everyone was aware of the amendment that was
proposed. That way the amendment cannot be proposed and brought up on
the agenda at the meeting. He felt they should add a statement to
Article VII, Section I, on "Amendments" that "any amendment to the By-Laws
must be submitted to the commissioners in writing seven days before the
meeting" .
Mr. Boardman stated he had no problem with adding that statement.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 14, 1982 PAGE 8
Ms. Svendsen stated that Mr. Dave Newman, City Attorney, had stated that
Minnesota State Statute 462.441 allows members to be compensated, and he
suggested that the HRA add Section 7 to the By-Laws.
Mr. Commers stated they should probably add Section 7 and then just
simply state that the HRA is not accepting any remuneration.
The HRA members agreed with Mr. Commers.
MOTION BY MR. HOUCK, SECONDED BY MR. PRAIRIE, TO APPROVE THE BY-LAWS
WITH THE FOLLOWING AMENDMENTS:
- ARTICLE V, SECTION 5, "MANNER OF VOTING" - CHANGE SECOND SENTENCE
TO READ: "ALL MOTIONS AND RESOLUTIONS SHALL REQUIRE AN AFFIRMATIVE VOTE
OF A MAJORITY OF THE MEMBERS OF THE HRA."
- ARTICLE VII, SECTION 1, "AMENDMENTS" - A STATEMENT BE ADDED THAT
"ANY AMENDMENT TO THE BY-LAWS MUST BE SUBMITTED TO THE HRA MEMBERS IN
WRITING SEVEN DAYS BEFORE THE MEETING".
- SECTION 7 ON COMPENSATION OF COMMISSIONERS BE ADDED TO THE
BY-LAWS (AS RECOMMENDED BY MR. NEWMAN) .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
V. RECEIVE LETTER FROM STATE AUDITOR'S OFFICE
A. Designate Auditor for 1981 Audit
Mr. Commers stated the George M. Hansen Co. , P.A. , is requesting
that the HRA approve them as its auditors for 1981 and instruct them
to conduct the 1981 audit of the HRA.
MOTION BY MR. PRAIRIE, SECONDED BY MR. HOUCK, TO APPROVE THE
GEORGE M. HANSEN CO., P.A. , AS THE AUDITORS FOR THE HRA OF FRIDLEY
TO CONDUCT THE 2981 AUDIT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT:
MOTION BY MR. PRIEDITIS, SECONDED BY MR. HOUCK, TO ADJOURN THE MEETING. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE JANUARY 14, 1982,
HOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 10:09 P.M.
RESPECTFULLY SUBMITTED,
/4
'7 E SABA —
RECORDING SECRETARY
CITY OF FRIDLEY
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY
MEETING
JANUARY 21 , 1982
CALL TO ORDER:
Vice-Chairperson Houck called the January 21 , 1982, Special Housing & Redevelop-
ment Authority meeting to order at 5:02 p.m.
ROLL CALL:
Members Present: Russell Houck, Elmars Prieditis, Carolyn Svendsen,
Duane Prairie
Members Absent: Larry Commers
Others Present: Jerrold Boardman, City Planner
Tim Signorelli , Administrator - Columbia Park Clinic
CENTER CITY PROJECT - PHASE II - COLUMBIA PARK CLINIC:
Mr. Boardman stated Mr. Signorelli was representing Columbia Park Clinic. He
stated some issues were raised at the last meeting that the HRA wanted to
discuss with Mr. Signorelli . He stated one of the key issues raised was con-
cerning the option property. What was the dollar amount on the sale of the
option property, and what were the conditions for removal of the front buildings
along University Ave.?
Mr. Boardman stated he, Mr. Qureshi , the City Attorney, Mr. Signorelli , and
his attorney have come up with some tentative agreements. Those agreements
have been brought to the HRA. Those agreements are that the City would sell
the first phase of the property for $1 in order to get the clinic located here,
and they would allow an option of the property on the second phase and that
second phase value would be a set value at the time of the signature to the
option. That set value has been discussed as 75% of a value, which has not
been determined at this time. The City was looking at 75% of the $2 value, per sq. ft.
The Columbia Park Clinic was looking at 75% of $1 .75. Since then, the Columbia
Park Clinic has indicated they would come up to $1 .90. Seventy-five percent
of $1 .90 is $1 .42. Mr. Boardman stated he thought they should compromise
on this issue. -
Mr. Boardman stated a concern that came out was that if the Columbia Park
Clinic only built 5,000 sq. ft. on the option property, would that leave enough
land for the HRA to develop the remaining parcel?
Mr. Signorelli stated that comes in with their master planning. In the agree-
ment, it calls for some approval process. It is clear that whatever they do on
that site, they will want it to be both aesthetically,as well as literally,
compatible with the overall Center City plan.
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY
MEETING, JANUARY 21 , 1982 Page 2
Mr. Boardman stated they will have to work with the Columbia Park Clinic's
architect on the layout as far as the master planning. He stated he has looked
at the site right now and if the Columbia Park Clinic did build the maximum
on the property, the City would have enough open space so they could build
approximately another 20,000 sq. ft. in addition to a 30,000 sq. ft. office.
With that laid out in the master plan, the City would have that option. If
the Clinic does build the maximum, then the City would leave that asopen
space within the development.
Mr. Signorelli stated he felt the whole key is integrated planning. They are
trying to plan something that has some flexibility. It is their understanding that
the City needs 90,000 sq. ft. in that area. He stated he is not in opposition
to what the City is trying to accomplish as far as the 90,000 sq. ft. He is
confident they can work out something that is aesthetically pleasing and will
give the Clinic the visibility they need and still accomplish the City's needs.
Mr. Prairie stated one of the issues the HRA wanted to discuss a little further
was alternative sites.
Mr. Boardman stated that when the Columbia Park Clinic people came in, the
City showed them all the sites that are available. The Clinic selected the site
south of City Hall . As far as the north site. It would probably have worked for
the Clinic, but was too large for the development of what they wanted and would
have created some difficulty for the HRA in marketing the property south of City
Hall . The 2.4 acre, site, where the 10,000 Auto Parks building is, would not
have been an acceptable location for 56,000 sq. ft. of clinic and adequate
parking.
Mr. Boardman stated he had sent out letters to all the tenants and owners. He
then held a meeting on Tuesday, January 19, 1982, with the owners and tenants.
He stated the meeting lasted about an hour and went very well . He told them
the City anticipated the removal of the structures within 1-1 1/2 years on the
front side and that acquistion of the structures on the back side would take
place as soon as possible--hopefully in February so construction can begin in
April. He explained to the tenants relocation, what their rights would be under
relocation, and explained the rights of the owners as far as acquisition. He
said there was no voiced opposition to the acquisition. The tenants just
asked that the HRA please consider relocating them into the area. He had told
them the HRA would definitely consider that, but there were no guarantees.
Mr. Boardman stated the main thing Staff is trying to do is allow the develop-
ment to go, because they feel it is an important step in the Center City process
and still allow them the maximum flexibility to develop based on a master plan.
They have to tie down some property for Phase I to allow the Columbia Park
Clinic to develop and leave that option flexible, so they have outlined a legal
description on the property, taking into consideration a certain segment that
could be set aside for the 30,000 sw. ft. of office. As part of the agreement
documents, it allow the HRA to buy the improvements that are put in by the Clinic,
sell those improvements to the office building, in return for improvements in
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY
MEETING, JANUARY 21 , 1982 PAGE 3
another area within 200 ft. of the perimeter of the building. That allow them
the flexibility to provide parking for the office, provide addition parking
for the Clinic, so both properties are satisfied. With a total 90,000 sq.
ft. of expansion of that property, they are looking at a spill-over of parking
onto the bank property. He has talked to Bill Berry of the Fridley State Bank,
and Mr. Berry is very interested in the project and has discussed possiblities
of joint facilties. After commitments are drawn up with the Columbia Park Clinc,
they will start working with Mr. Berry on reciprocal parking arrangements.
Mr. Boardman stated he does not foresee any problems at this time. He would
recommend that the HRA establish the money value. It is a benefit to the
redevelopment district and to the Columbia Park Clinic to have some kind of
removal arrangement on the front property.
Mr. Signorelli stated they have always been under the assumption that those
buildings would be removed, and it was their thinking all along that it was
consistent with the City's desires, as well as needs, to have all the property
improved. They would be concerned if those buildings could not be removed and
their visibility was in back of the shopping center.
Mr. Boardman stated it has never been the intent of the HRA to leave any of the
structures up. His question was, could they give the Columbia Park Clinic the
visibility it needs by removing all but the corner building until the second
phase?
Mr. Signorelli stated that was something he would have to look at.
Mr. Prairie stated that if they are going to take the biggest part, they might
as well take all the structures.
Mr. Boardman stated he needed a concensus from the HRA that they are going in
the right direction, that the agreements they have discussed with the Columbia
Park Clinic are acceptable, and that they can proceed toward final commitment
on contract documents. Prior to the sign of those contract documents, Staff
will bring those documents back to the HRA for approval . He stated he also
needs an acceptable value on the option property so that value can be put into
the document.
Mr. Signorelli stated he thought the Columia Park Clinic could have the
commitment on financing as well as the other legal issues worked out within the
next week.
MOTION BY MR. PRIEDITIS, SECONDED BY MR. PRAIRIE, TO APPPROVE A PURCHASE PRICE
ON THE OPTION PROPERTY OF $1.45 PER SQ. FT., BASED ON APPROXIMATELY 75% of $1.93.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON HOUCK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY
MEETING, JANUARY 21 , 1982 PAGE 4
MOTION BY MS. SVENDSEN, SECONDED BY MR. PRIEDITIS, APPROVING THE INTENT OF THE
CONTRACT DOCUMENTS FOR THE COLUMBIA PARK CLINIC ON THE PROPOSED EAST LOCATION
WITH THE REMOVAL OF ALL BUILDINGS ON THE PHASE II PROPERTY BEFORE THE OPENING
OF THE COLUMBIA PARK CLINIC.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON HOUCK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
The HRA set a special meeting for Monday, Feb. 1 , at 6:00 p.m. for final
commitment of the contract documents.
ADJOURNMENT:
MOTION BY MR. PRAIRIE, SECONDED BY MR. PRIEDITIS, TO ADJOURN THE MEETING. UPON
A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON HOUCK DECLARED THE JANUARY 21, 1982,
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 5:56 P.M.
RESPECTFULLY SUB
ITTED,
L ' IAL
L Nt SABA
RECORDING SECRETARY
CITY OF FRIDLEY
HOUSING & REDEVELOPMENT AUTHORITY
SPECIAL MEETING
FEBRUARY 1 , 1982
CALL TO ORDER:
Vice-Chairperson Houck called the Special Housing & Redevelopment Authority
meeting to order at 6:15 p.m.
ROLL CALL:
Members Present: Russell Houck, Carolyn Svendsen, Elmars Prieditis,
Duane Prairie, Larry Conmers (arr. 6:30 p.m.)
Members Absent: None
Others Present: Jerrold Boardman, City Planner
Virgil Herrick, City Attorney
Tim Signorelli , Administrator - Columbia Park Clinic
CENTER CITY PROJECT - PHASE II - COLUMBIA PARK CLINIC:
Mr. Boardman stated that at the last meeting, they discussed what the City was
trying to do with the Columbia Park Clinic and the development on that property.
At that meeting, the HRA set the value on the option property at $1 .45 per sq. ft.
They also made a motion approving the intent of the contract documents and agreed
that if the Clinic goes on the property, they will take down the structures that
face University Ave. This would be done within a time period based on the actual
start of construction and completion of the Clinic.
Mr. Boardman stated that since that meeting, he and Mr. Herrick met with
Mr. Signorelli , and several members of the Columbia Park Clinic team, Dr. Wright,
their architect, Bob Morasco, their attorney, Eric Anderson, and the architect
from BWBR, Will Johnson, in order to get everything in order regarding the contract.
After that meeting, Eric Anderson, the attorney for Columbia Park Clinic, did
summarize the changes that should be made in the contract. Mr. Boardman stated
he and Mr. Herrick have gone over these changes and the HRA members were given
the new contract at this meeting.
Mr. Boardman stated that, if possible, he is looking for an approval of the
contract documents by the HRA and the authorization to enter into those contract
documents as soon as all of the figures and all the partners of the Clinic get
together.
Mr. Signorelli showed the HRA the building site plan and a picture of the artist's
concept of the building.
SPECIAL
HOUSING & REDEVELOPMENT AUTHORITY MEETING, FEBRUARY 1 , 1982 PAGE 2
Mr. Boardman stated there is enough parking on the site for the Clinic, plus
square footage for amenities, etc. If they are able to get a developer for the
office building, at that time the HRA will have to look at it very carefully,
because they will have to look at some additional parking in this area. He
stated they got the indication from Dr. Wright of the Columbia Park Clinic that
there is the 100% possibility they would proceed with some portion of the second
phase and 75% possibility they would proceed with all of the second phase. So,
the HRA has to go with the idea that the Columbia Park Clinic is going to expand
to the maximum and that it will most likely expand by 1986. If they are going to
put in an office building, they are really going to have to consider how they
would handle the parking.
(Mr. Commers arrived at 6:30 p.m.)
Mr. Signorelli stated the next step is the working documents. If the HRA feels
everything is appropriate and the Clinic is allowed to go ahead, sometime within
the next week they would commission the start of the working drawings which would
allow them to start construction in late April .
Mr. Boardman asked Mr. Signorelli to explain the financing, because that is going
to be the key to the City's start of acquisition.
Mr. Signorelli stated their investment brokers are Juran and Moody. He stated
they have indicated they would be willing to give a formal commitment letter, and
that letter could be forthcoming within the next couple of weeks, or possibly
sooner.
Mr. Boardman stated it is his understanding that a commitment letter from Juran
and Moody would be adequate for the HRA to look at as the 100% financing commitment.
Mr. Boardman stated they have completed the contract document as much as they
can. They have shown the $1 .45 on the sale price of the option property. They
have laid out where the building would be located in the option and they tied
together the necessary parking for that option,rated at one stall per every
200 sq. ft. of office space rated at 350 sq. ft. Regarding the question of
easements on the option, they have added language that it would be conditioned
on the City code requirements.
Mr. Boardman stated that at the meeting they had with the Columbia Park Clinic
partners, they did discuss how they would handle the office building if it was
built. So, in this document, they have an agreement that if the City takes any
of the Columbia Park Clinic property, they would have to provide improvements
and parking back to the Columbia Park Clinic in an equal amount of space. One
other condition the Columbia Park Clinic people wanted was a condition of where
the City could locate an office building.
Mr. Signorelli stated that at the last HRA meeting, the question was raised about
what happens if the Columbia Park Clinic does not expand to the full 28,000 sq. ft.,
given the fact that the City has an objective to develop around 90,000 sq. ft.
of rentable space. They were trying to come up with the best way to protect the
SPECIAL
HOUSING & REDEVELOPMENT AUTHORITY MEETING, FEBRUARY 1 , 1982 PAGE 3
City and still not put the Clinic in the position of having a building right
next to them that might block their visibility. The concept they decided upon
was they would target an area on which another building could be built, and
that if the Clinic does not expand up to the full 28,000 sq. ft., the City would
automatically have the right to develop a building within another area on the
same site.
Mr. Boardman stated that is called the "Negative Easement Parcel" under Schedule
A in the document. Also, in the document is an "access easement". The Clinic
is requesting an "access easement" of 30 ft. for garbage pick-up and for servicing
the building, He did not think they would have too much problem gaining this
access.
Mr. Herrick stated there are four factors the HRA should consider:
1) There is a requirement that all of the buildings have to be acquired
and removed within one year after the property is sold. The cost of
that in terms of what it is going to cost to acquire the property and
take the buildings off the property, the grading, and the loss of taxes
would be a factor.
2) The easement along the south side of the property is on property that
is not presently controlled. That property is owned by Fridley State
Bank and would have to be negotiated.
3) A conveyance of the vacated 4th St. In order for the first phase of
the Columbia Park Clinic building to fit on the property, they will
need all of the vacated 4th St.
4) There would be a provision that the building on the westerly phase
would have to be located within a certain area.
(Ms. Svendsen left the meeting at 7:07 p.m.)
Mr. Prieditis stated he thought the development of the Columbia Park Clinic
would be a great benefit to the Center City area and a great benefit to the
citizens of Fridley.
MOTION BY MR. PRIEDITIS, SECONDED BY MR. PRAIRIE, TO AUTHORIZE THE EXECUTIVE
DIRECTOR TO ENTER INTO CONTRACT AGREEMENTS WITH COLUMBIA PARK CLINIC.
Mr. Commers stated he also felt this was a fantastic thing for the City of
Fridley. However, he was still concerned about the cash flow and the require-
ment to take down the front structures in phase 2 at the time of the start of
construction of Phase 1 without some kind of commitment on the part of Columbia
Park Clinic. He thought they were giving the Clinic a very fair and reasonable
SPECIAL
HOUSING & REDEVELOPMENT AUTHORITY MEETING, FEBRUARY 1 , 1982 PAGE 4
deal as far as price and, therefore, he thought they should get some kind of
commitment from Columbia Park Clinic. Until that takes place, he could not in
good faith vote in favor of the structure as it now stands.
UPON A VOICE VOTE, HOUCK, PRIEDITIS, AND PRAIRIE VOTING AYE, COMMERS VOTING NAY,
VICE-CHAIRPERSON HOUCK DECLARED THE MOTION CARRIED BY A VOTE OF 3-1.
ADJOURNMENT:
MOTION BY MR. COMMERS, SECONDED BY MR. PRAIRIE, TO ADJOURN THE MEETING AT
MEETING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON HOUCK DECLARED THE
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 7:23 P.M.
Re,ectfully submitted,
y e Sa.a
Recording Secretary
1
CENTER CITY PROJECT
2
THE CITY OF _
—� HOUSING �_�DO
Ft : ; Os
and
,,
..
(\if.VA
jrsEt4.— REDEVELOPMENT y MEMORANDUM .. ,..
AUTHORITY ' c E
FRIDLEY -_r 'r
iii..... : :FROM EXECUTIVE DIRECTOR MEMO NO. 82-06
DATE February 11, 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Progress on Center City Project -
Phase III
Please find attached a list of developers that I have contacted or have contacted me
for further information. I have personally met with six of them since mid-January
and have received two letters of interest with intent to appear before the Authority.
I anticipate letters from at least two other developers shortly.
It is my intent to have the March 11 , 1982 meeting a discussion meeting with developers.
We will schedule specific times at which they can present themselves to the HRA. With
the initial selection of a developer, we have suggested that they have one month in
which to submit specific site plans to the HRA and six months in which to commit to
contract documents. All of the developers that we have talked to feel that this is
adequate timing and are willing to work with these conditions.
JLB/de
T
DEVELOPMENT NOTIFICATION LIST 3
Construction Bulletin
•
l, ; Bruce Dejong
Milo Pinkerton, Project Director d° Bentz, Thompson, Ritow Arch.
Orville E. Madsen & Son Inc. �' 1234 Dain Tower
901 Industrial Road Mpls. Mn. 55402
Hudson, Wisconsin 54016
Dean Doyscher jt(pe.t4 Iry M A
Professional Planning & Developmer KeAus AWDERSon-/ REAL-rY C0
602 South 2nd Street
Mankato, Mn 56001 523 S. 8. 1. 5} .
• M044 r& . 55 q•I o y
Betty Kaelke
Bor-Son Building Corp. ���^ d;,, JK JIZ5. 17��elopv�e�t Zhu•
P:O. Box 1611 t'` ! ORR114 A. Eti .5oNa ij.ELAsset 5vetven
Minneapolis, MN 55440 �14 Z,$
Terry Evenson 46,00 cro.••c c Due S •
1-rry . 6S435
Evenson Properties S 20-47/9
3550 Lexington Avenue North
Suite 104
St. Paul, Mn 55112 Lynn C. /7crrchce-
&)4rscly etwrEes, _rye
.
* Jim Peterson �-
c/o Undestad Investments 25< 60''�� PAz° �`"���' y
1045 Southgate Office Plaza ifT/,/c . �F
5001 West 80th J J`I/Lo
Bloomington, MN 55437
A }.kokre-%er, eo
SIE Jim Vassar 'Duarte 4Aso"
Vassar and Associates ??o% leek Q . S .
Hazeltine Gates Office Park 01/40s Mr.• 55435
Chaska, Mn. 55318 7707
$35-
Michelle Foster
Raunhorst Corporation M 1- F.16P4N^0, ecrip
Suite 2200 Northwestern Financial Center wA'to e- er1c - 319.0800
7900 Xerxes Avenue South GSa K„a is Ao:nwe
Mpls Mn. 5544 10
George Barr Did Redevelopment Project in B.P.
o',4;e3900 85th Ave. N.
j. Brooklyn Park, Mn. 55443
HOLMEN 4
DEVELOPMENT CO. C. A. HOLMEN
7701 YORK AVENUE SOUTH • EDINA, MINNESOTA 55435 • PHONE (612) 835-7707
February 3, 1982
Mr. Jerrold Boardman
City Planner
CITY OF FRIDLEY
6431 University Avenue, N.E.
Fridley, MN 55432
RE: Development Site
University & Mississippi
Dear Mr. Boardman:
Mr. Duane Nelson of our Company has had some conversations with
you regarding the subject proposed development site.
We are midwestern shopping center developers and owners. We
recently opened a 270 ,000 square foot center in Beaver Dam, WI , a
•
nice city of 16 ,000 population located 45 miles northwest of
Madison, WI. We are currently involved in the midwest and west.
Some of these projects are typical suburban malls. Two of them are
downtown redevelopment projects. Two of them are in partnership
with The Center Companies (formerly Dayton Hudson Properties) . My
personal experience in shopping center development extends from
1964 until the present. We have had our own company, Holmen Develop-
ment Company, since 1975. We submit the foregoing brief, sketchy,
background synopsis of way of giving you some historical orientation
about us and our company. .
We are interested in your proposed project for an enclosed
mini-mall in Fridley at the subject site.
While our time of exposure to the opportunity has been very
short, we have made some inquiries regarding the site. I have
personally, along with Mr. Nelson and Mr. Hallisey of our company,
inspected the site, the older Holly Center, the neighborhood, the
city offices, the office-entertainment site.
SHOPPING CENTER DEVELOPMENT, LEASING, CONSULTING, MANAGEMENT
5
Mr. Jerrold Boardman
February 3 , 1982
Page 2
Mr. Nelson indicates that the time for choosing a developer
may be extended until sometime in March. If that is the case, our
intention would be to call in our architects, prepare an interesting
site plan for your review, propose pro-forma cost estimates, and
income and expense projections and contact major tenants in earnest.
Based upon our very preliminary (and rapid) survey of the
possible tenants, we do find that there is interest. We must, of
course, be candid and state that, in this short time, we certainly
do not have any commitments. We have, however, piqued enough
interest from several key potential tenants that we believe it is
very well worth pursuing.
If we are not too late, we would appreciate your serious con-
sideration of Holmen Development as developer of the project.
We look forward to hearing from you and then to some in-depth
discussions as to the City' s desires and plans to see if we could
mutually proceed toward consummation of a good and attractive
facility at your location.
Yours very truly,
C. A. Holmen
President
CAH/bd
cc: D.C. Nelson
6600 France Avenue South 6
Suite 218
American Edina, Minnesota 55435
�eA�evelyerS (612-920-4719)
Inc. dk3EJ O1d4XUMW(Kir/WAX
790X XX MOM XXODOCXXXXX XXXXXX
psxagsxxmax
February 4, 1982
Mr. Jerrold Boardman
H. R. A. Director
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Jerry:
We thank you for taking the time to brief us on your plans to
redevelop some of the property on the corner of University
Avenue N.E. and Mississippi Street in Fridley.
We are very interested in undertaking the development of this
property. We are convinced that within nine months we would
start construction on a minimum of 100,000 square feet on the
8.8 acres on the southwest corner and a minimum of 40,000
square feet on the 4.8 acres on the southeast corner.
We have developed 16 shopping centers over the past 12 years
(list attached. The most similar development to Fridley would
be our redevelopment of downtown Mankato which was completed in
1978. We would be pleased to have you contact the Mankato City
Manager, William A. Bassett (507-625-3161 ), or the Manager of
the Citizens Telephone Co. , Paul Stevens (507-387-1151 ). Paul
was very active in the downtown redevelopment organization.
We have enclosed a preliminary development agreement for your
review prior to the council meeting on February 1G, 1982. We
would be most appreciative if the council would take it under
consideration at that time.
We will give a slide presentation of several of our projects at
the February 18 meeting and be prepared to answer any questions.
Sincerely,
Orrin A. Ericson
President
OAE:dml
Enclosure
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._ _,_
La- -____-__tt CONSTRUCTION COMPANIES
2001. Killebrew Drive Post Office Box 1611 Minneapolis, MN 55440 [612)854-8444
February 4, 1982
Mr. Jerrold L. Boardman
Executive Director
Fridley Housing & Redevelopment Authority
6431 University Avenue NE
Fridley, Minnesota 55432
Dear Mr. Boardman:
We have received the information concerning your "Notice for
Development Proposals." We are unable to make a cciamitment
to present a proposal at this time, but thank you for your
interest in The Bor-Son Companies.
Sincerely yours,
Betty lke
Development Manager
BK:km
T
10
THE CITY OF
-17)...., �:� C C
HOUSING I
and 7, ::
(17 REDEVELOPMENT .. MEMORANDUM S..
AUTHORITY .� ,; �f
ISO
FRIDLEY
FROM EXECUTIVE DIRECTOR MEMO NO. 82-07
DATE February 11 , 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Demolition of the Christiansen Building
Enclosed in your folder is the bid specifications for the removal of the Christiansen
Building on Phase I of the Center City Project. We will be opening bids on February
16, 1982 and will be bring these before you on the March 11 , 1982 meeting for "Award-
ing the Contract".
The documents require complete removal and grading by the end of April 1982.
JLB/de
JLB/de
11
THE CITY OF
--EJiiiiir HOUSING ::•
c '""
and •.
fr •' MEMORANDUM .. •
( . REDEVELOPMENT .4._ •
.. ,..
AUTHORITY
FRIDLEY : ::.
FROM EXECUTIVE DIRECTOR Oii,,A4 MO N
EMO. 82-10
DATE February 11 , 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Appraisal Report for Northwestern Bell
Telephone Building
Enclosed in your folder is the appraisal report and a review completed by Leon Madsen,
City Assessor's Office, on the value of the Telephone Building. We are presently
working with Mark Haggerty, who is representing Mr. Wyeth, owner of the property,
to come up with a workable arrangement on purchase based on the appraised value.
Indications now are that if they go with the appraised value, they will want to go
with a contract for deed. I hope to have further information on this item by the
February 17, 1982 meeting.
JLB/de
,2
MOORE LAKE PROJECT
r
13
THE CITY OF
T ... ...
[/7, HOUSING €1 t i ; .....0,
le
and
E VEL pMEMORANDUM ..
R DE O MENT ::
♦ .......
AUTHORITY ? : ; E ! ." ; *
FRIDLEY ...
FROM EXECUTIVE DIRECTOR qp----- MEMO NO.82-11
DATE February 11 , 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Progress Report on Phase I - Moore Lake
I talked to Cheryl Nybo on February 11 , 1982 to get an update on her office project
on Hillwind Road. She indicated that the project was moving along satisfactorily and
that she had the necessary commitment for rental space and now is finalizing the
financing for the project. She will send me a letter on her progress which you will
receive at you February 17, 1982 meeting.
JLB/de
,
14
THE CITY OF
--TIJAgis, HOUSING "3 `
and lli -� •� ::
REDEVELOPMENT ' MEMORANDUM
f :
l' . AUTHORITY �,'' E i ••
FRIDLEY
FROM EXECUTIVE DIRECTOR q MEMO NO. 82-08
DATE February 11 , 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
City Council Approval for CDBG Funds for
Land Acquisition in Phase III - (for
potential elderly project)
St. Phillips Church has indicated that they intend to proceed with the submission of
an application for 202 funding for the development of elderly/handicap housing in
accordance to the Concept Plans of the Housing Authority for the Phase III property
north of Moore Lake. The City Council , in support of St. Phillips' action, has ear-
marked approximately $120,000 of the 1982 Community Development Block Grant funds
toward property acquisition for this project. However, there funds would only be
used at this site with a commitment for elderly/handicap housing. It is their intent
to hold these funds until November, 1982 to see how the St. Phillips' project appli-
cation is progressing. If funding is approved, then the City Council will direct
those funds to the HRA to assist in property acquisition. If the funding is not
approved, the City Council will re-evaluate the use of those funds.
At some in the near future, St. Phillips, in its application, will need HRA
guarantee that they have the right to develop this property and that the HRA has
the power to control the site. I will discuss this with you in more detail at the
February 17, 1982 meeting.
JLB/de
Y
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16
THE CITY OF
--c),..., HOUSING riii i
. c _
ir-IMIk.amiw and .WO
.
REDEVELOPIVIENT MEMORANDUM ..
Oak .. ;..
AUTHORITY : E 1
FRIDLEY ••••17
FROM EXECUTIVE DIRECTOR 90. MEMO NO. 82-12
DATE February 11 , 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Proposal Submitted by Dick Moschinski,
Moschinski Contractors for Phase V-VI
Moore Lake Project
We have received a proposal from Mochinski Contractors for the development of a
townhouse/quad project to be located in Phase V-VI of the Moore Lake District. They
presently own a portion of property in this area and want to start development with
a staged construction (see attached layout). We will be meeting prior to the February
17, 1982 meeting to review the proposal and determine the amount of assistance he will
be requesting for the project. I am submitting this in the agenda at this time for
your information. Indications that I have gotten from Knutson Mortgage Corporation,
who is working with Moschinski , is that the financing would be available for this type
of project.
I hope to have more information by the February 17, 1982 meeting so that we can start
analyzing the impact on the district.
JLB/de
� cco. I .2t/, Ii. C ?
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20
NORTH AREA PROJECT
21
THE CITY OF �..
�� HOUSING c� __. _ ::
• • ..
AriF4.- and •�
f\VA REDEVELOPMENT y MEMORANDUM .. ,..
----f.,� .:::�
AUTHORITY I i
FRIDLEY ...�..
FROM EXECUTIVE DIRECTOR MEMO NO. 82-09
DATE February 11, 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Request from the City Council to Review
Housing Bond Program and Make
Recommendation on Use of Tax Increment
Funds.
The City Council has been considering the issuance of tax exempt housing mortgage
bonds as allowed under Chapter 462C of the Minnesota State Laws for the development
of a 360-unit apartment building to be located in the North Area Tax Increment District.
At their meeting of February 1 , 1982, the Council has requested the HRA to review the
program submitted by the developer to analyze the use of Tax Increment funds, for not
only land improvements, but for use as rent subsidy. Both are allowable expenditures
with Tax Increment Districts.
The idea of housing mortgage bonds was discussed briefly with the HRA on December 10,
1981 after the City Council approved the Housing Mortgage Plan on December 7, 1981 .
I am attaching information on the program being submitted by the developer so that we
can further analyze the effect of this progrm on the TIF district and make the
requested recommendation to the City Council .
JLB/de
METROPOLITAN COUNCIL 22
Suite 300 Metro Square Building, St. Paul, Minnesota 55101
MEMORANDUM October 30, 1981
TO: Human Resources Committee
FROM: Guy D. Peterson
SUBJECT:. TAX-EXEMPT MORTGAGE REVENUE BONDS -
BACKGROUND SUMMARY AND CURRENT STATUS
Because of changes and delays caused by passage of the Ullman Bill, the Council
has not reviewed a local tax-exempt bond plan since December, 1980. This memo
is being provided to give you background information and to bring you up to
date on federal and state actions and the Council 's role in the issue of tax-
exempt bonds for housing.
THE GROWTH OF TAX-EXEMPT BONDS FOR HOUSING
The selling of tax-exempt bonds to provide capital which can be lent to housing
producers and consumers at below market interest rates is not a revolutionary
concept. The nation's public housing authorities have long financed their
public housing construction in this manner and for over a decade state housing
finance agencies have built rental housing for low- and moderate-income
families with funds raised on the tax-exempt market.
Four basic methods are used to pass forward to housing the interest savings
gained from tax-exempt financing. The four are:
1. Lending the bond proceeds at below market interest rates for housing
construction.
2. Subsidization of permanent mortgages for purchasers of housing.
3. "Loans to lenders" programs which provide below market interest loans to
savings institutions to be relent to housing purchasers.
4. Acquisition on the secondary market of below market loans originated by
such institutions.
Originally, state housing finance agencies were to provide housing through the
use of tax-exempt financing to low-income households in conjunction with
fedetal operating subsidies and to moderate-income households on the strength
of the tax exemption alone. In practice, however, federal subsidies became
necessary to reach even the moderate-income rental market while the use of tax-
exempt bonds expanded beyond the production of lower-income housing.
The end of the '70s and 1980 witnessed a rapid increase in the use of tax-
exempt bonds by local governments. Mortgage revenue bonds began to subsidize
the construction and purchase of single-family homes for people of middle as
well as moderate incomes, and serve special development and redevelopment
objectives such as neighborhood revitalization and retention of higher income
households.
2 23
• Through the auspices of local government, qualified participants have realized
interest rates which are two or three percent below the market rate and have
enjoyed total interest cost savings of as much as 20 percent; At no cost or -
risk to local taxpayers, local government has provided what would appear to be
a housing cost savings to homebuyers unparelled by any government initiative
yet devised.
TAX-EXEMPT FINANCING OF HOUSING IN MINNESOTA
Tax-exempt financing for housing in Minnesota and the metropolitan area has
been around for a number of years. In 1971 the state legislature created the
Minnesota Housing Finance Agency giving it the authority to issue tax-exempt
revenue bonds to support the development of single-family and multifamily
housing as well as housing rehabilitation programs. Special laws passed in
1974 and 1975 gave several cities in the state the authority to issue housing
bonds including Minneapolis, St. Paul and South St. Paul.
•
In 1979 Coon Rapids, Vadnais Heights and Eagan prepared tax exempt bond
programs to provide the financing for housing using authority provided to
cities by the legislature in the Industrial Development District Act of 1978,
Chapter 474. Eagan issued approximately $6 million in bonds to finance the
construction of a 206 unit market rate rental apartment complex, but before the
Coon Rapids and Vadnais Heights programs could be finalized the state
legislature took up the issue in early 1979.
The Municipal Housing Bond Program Act, Chapter 462C, became state law in 1979
because of the legislature's recognition that limitations insuring the public
purpose of tax-exempt mortgage financing by local government were not present
in Chapter 474. The Act established limitations on the amount of bonds that
could be issued by cities, and prescribed purchase price and income
qualifications for program participation.
It also called for the review of all proposed bond plans in the metropolitan
area by the Metropolitan Council. The Council was directed to review the plans
to determine whether they further local and regional housing policies, are
compatible with the City's own housing plan, and adequately meet the stated
housing needs for the City. Following Council review the cities forward the
bond plans to the Minnesota Housing Finance Agency for a more technical review
of the mechanics of the tax-exempt issue itself.
THE ULLMAN BILL
In April of 1979, similtaneous to the State's efforts to rewrite legislation
governing tax-exempt mortgage financing, Rep. Al Ullman of Oregon, then
chairman of the powerful House Ways and Means Committee, introduced a bill to
severely restrict the ability of states and local government to issue mortgage
revenue bonds. Motivated by figures which showed single-family mortgage bonds
accounting for $570 million in tax-exempt borrowing in 1978 and over $1 billion
in just the first quarter of 1979, the Ullman Bill sought to stop what the
Congressman and the Treasury Department viewed as an unacceptable loss of tax
revenue.
. . .The simple introduction of such legislation by such an influential member of 24
Congress and committee chairman seemed to almost give the bill the full force
of law. The uncertainty it created regarding the future of the tax exempt
status of bonds issued to finance mortgages, brought a screeching halt to the
issuance of such bonds by local governments all across the nation.
In
of 1979, the bill moved out of committee and was passed overwhelmingly byvtheer
full House of Representatives.
While the Ullman Bill was making its way through the House, the Senate also
began deliberations on tax-exempt mortgage financing with proposals geared more
toward reform and control of its use within reasonable guidelines. It could
not, however, reach accord on any one bill and thus when the Ullman Bill was
attached to the House's Appropriations Bill, it was left up to a House-Senate
Conference Committee to reconcile the differing positions.
In June, 1980 this conference committee did come to an agreement which removed
the restrictions of Ullman from the appropriations bill because by special
resolution the Senate promised to prepare legislation dealing with tax-exempt
mortgage financing in the next session of Congress. This "Long Resolution" as
it was called, permitted bond programs prepared in 1979 and 1980 to go forward,
because it guaranteed that no future restrictive legislation would be applied
retroactively to any bonds issued before January 1, 1981.
METROPOLITAN AREA BOND PROGRAMS
The bond programs of Coon Rapids and Vadnais Heights were grandfathered in when
462C became law and both cities issued bonds for single-family home mortgages
during 1979 and 1980. Late in 1979 and throughout 1980, the Council reviewed
several local tax-exempt mortgage revenue bond plans prepared by cities in the
Region pursuant to Chapter 462C.
The only city in the area that had prepared a 462C bond plan which could not be
affected by the Ullman Bill was that of Eagan because it was authorized by the
city prior to the Ullman Bill 's April, 1979 cutoff date. Otherwise the plans
submitted by St. Louis Park in late 1979 and by Minneapolis, St. Paul,
Minnetonka, Blaine, Columbia Heights and Bloomington in 1980 were all done by
the cities with the realization that pending federal legislation could prevent
them from issuing the bonds.
Following the Long Resolution, St. Louis Park issued bonds to finance a
condominium development and provide single-family home mortgages city-wide;
Minneapolis and St. Paul financed several individual multifamily housing
developments; and Minnetonka and Columbia Heights issued bonds for construction
financing for condominium projects. Blaine and Bloomington had pr
epared wide single-family home mortgage programs but high interest ratespreventedty
them from selling bonds before 1981.
THE MORTGAGE SUBSIDY BOND TAX ACT OF 1980
The 1980 elections spelled defeat for many influential members of Congress
including Rep. Ullman. Yet, even as a lameduck Congressman, he was able to see
his bill become law when the Mortgage Subsidy Bond Tax Act of 1980 was made
part of the Budget Reconciliation Act passed and signed into law in December of
last year. This legislation along with escalating interest rates has
effectively shut the door on the issuance of tax-exempt mortgage revenue bonds
by local government in the Metropolitan Area. Only Minneapolis and St. Paul,
whose McKnight Foundation program was specifically exempted from the federal
restrictions, have sold bonds in 1981.
4
The major provisions of the Act and those with the most significant impact on 25
• the ability of local government to issue tax-exempt mortgage bonds are as
follows:
Single-Family Mortgage Programs
1. Such programs can assist only first time homebuyers who are defined as
having not owned a home for the previous three years.
2. There are no income limits.
3. Purchase price limits for new and existing units are to be based on average
sales prices in the SMSA - $83,880 new and $61,920 existing for this
Region.
4. There is an annual limit on the dollar amount of bonds sold in the state,
$239 million for Minnesota.
5. Unless designated otherwise by state law or the governor, this total must
be split 50-50 between state and local governments.
6. The arbitrage limit (the amount of money that can be earned from fees or
investments from proceeds of bond sales) is reduced from 1.5 to 1.0
percent.
7. Authority to issue all mortgage revenue bonds expires in December, 1983.
Apartment Development Programs
1. Apartment development bonds are exempt from most of the Act's provisions
and do not count against the state's dollar volume limit.
2. All development must have at least 20 percent of the units affordable to
Section 8 eligible tenants.
TAX-EXEMPT MORTGAGE FINANCING IN 1982 AND 1983
With the encouragement of local housing officials, Senator David Durenberger is
currently preparing a bill to be introduced later this year which will amend
the Mortgage Subsidy Bond Tax Act of 1980 to eliminate some of the restrictions
which have hampered local government in their attempts to issue bonds for
housing in 1981. The Senator's bill will propose several areas of change which
may help local governments put together bond programs within the overall
limits of the 1980 Act while not amending its broader total dollar and unit
cost limits.
These proposed amendments would call for an internal audit within individual
bond programs to insure compliance with the Act's first time buyer, purchase
price and other requirements. They would eliminate the requirements that bonds
be registered and that issuers must sell excess reserves at a loss. They would
increase the arbitrage ceiling to 1.25 percent, reduce to 10 years the length
of time that 20 percent of the units must be low- and moderate-income
affordable, and would retain the definition of low- and moderate-income at 80
percent of the median income.
It is also interesting to note that the Reagan administration's housing
legislative package for this upcoming year is proposing the expansion of tax-
exempt financing for housing in 1983. To facilitate multifamily production,
HUD wants to extend tax-exempt financing to all FHA projects and is thus also
proposing elimination of the requirement that 20 percent of the units in bond-
financed rental projects be low-income affordable for 20 years.
With reductions in housing production subsidies fast becoming reality, tax-
exempt bonds may increasingly be used to finance new multifamily housing
during the next few years.
LM269A
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114
January 25, 1982 =+�
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• yP
/14'iN
Jerrold Boardman, Planner
City of Fridley 300 Metro Square Building
6431 University Avenue N.E. Saint Paul, Minnesota 55101
Fridley., MN 55432 Telephone 612/291-6359
RE: Housing Plan and Program
Metropolitan Council Referral File No. 10249-1
Dear Mr. Boardman:
At its meeting on January 21, 1982, the Metropolitan Council considered the
City of Fridley's Tax Exempt Mortgage Revenue Bond Plan. This consideration
was based on a report of the Human Sources Committee, Referral Report No.
82-08. A copy of this report, which was adopted as presented, is attached.
The Council finds that the City's mortgage bond plan as currently submitted is
consistent with areawide policies and goals.
Sincerely,
METROPOLITAN COUNCIL
Charles R. Weaver
Chairman
C RW:bm
Attachment
cc: HUD Area Office
An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County
An Equal Opportunity Employer
29
METROPOLITAN COUNCIL
{ Suite 300 Metro Square Building, St. Paul, Minnesota 55101
MEMORANDUM January 11, 1982
TO: Human Resources Committee
FROM: Guy D. Peterson
SUBJECT: REVIEW OF THE CITY OF FRIDLEY'S TAX-EXEMPT
MORTGAGE REVENUE BOND PLAN
REFERRAL FILE NO. 10249-1
COUNCIL DISTRICT NO. 13
I. AUTHORITY TO REVIEW
The Council has received a Tax-Exempt Mortgage Revenue Bond Plan prepared
by the City of Fridley pursuant to M.S.A. 462 C, the Minnesota Housing
Bond Program Act. The Council is required by the Act to review and
comment on such tax-exempt mortgage revenue bond plans for their
consistency with local and regional housing policies and needs. The 45-
day review period expires on February 5, 1982.
II. BOND PROGRAM SUMMARY
The City of Fridley proposes to make two bond issues of $16 and $5 million
dollars to finance the construction of rental, apartment developments in
the City's North Park and Moore Lake Tax Increment Finance Districts.
Development of a large apartment complex with a variety of unit sizes has
been proposed by a private party, while the City's HRA has initiated, the
development of an elderly rental facility.
North Park Terrace will be a 360 unit complex with one, two and three
bedroom apartment units in several three story buildings. Currently it is
projected that rents for these units upon completion in 1984 will be $483,
$568 and $726 per month for each of the respective unit sizes. Moore Lake
Gardens will be a 100 unit complex, perhaps a five story building, of one-
,and two-bedroom units for the elderly and handicapped.
• Tax increment financing will be used to assist the development of both
complexes and may occur in the form of any number of cost write downs. It
may be used to write down the cost of land to acquire the Moore Lake
Gardens site, or for soil correction and drainage adjustment costs at both
sites. Tax increment will also very likely be an important element in
structuring the rental rates of both developments to ensure that 20
percent of the units are affordable to households of low- and moderate-
income as required by the Mortgage Subsidy Bond Tax Act of 1980.
Presently it is undetermined as to how this 20 percent set aside of units
will be structured. The U.S. Treasury Department which is to promulgate
rules on how it will interpret the 20 percent low- and moderate-income
affordable provision of the federal law and its relation to ensuring the
continued tax-exempt status of the bonds has as yet not done so.
30
There appear, however, to be two ways in which the 20 percent set asides
can occur. One option is for the developer/owner to establish maximum
monthly rents for 20 percent of the units at an amount affordable to low-
and moderate-income households by increasing proportionately the rents for
the other 80 percent of the units in order to realize the necessary total
monthly rental income from the development. The problem with this method
is that it can push rents in the market rate units beyond an amount that
is marketable and therefore make the project unfeasible.
A second option is to use the tax increment gained from the development to
actually subsidize the rents of 20 percent of the units each month for the
20 year period in which the units must remain low- and moderate-income
affordable. With this method the City's HRA enters into an agreement
with the developer/owner to pay a certain amount of rent toward 20 percent
of the units while the owner certifies that each month for the 20 year
period a low- and moderate-income household occupies the unit. How much
and how the rents would be subsidized by the City will be undetermined
until the Treasury Department clarifies its position.
It is anticipated that bonds for the North Park Terrace development will
be advertised and sold publicly in the early spring with construction
beginning soon afterward. Underwriters involved in the bond program
indicate that currently a bond interest rate of 13 percent would make the
project financially feasible. Preparation of the Moore Lake Gardens
proposal is not nearly as complete, and a timeframe regarding bond issue
and development cannot be projected at this time.
III. RELATIONSHIP TO CITY AND REGIONAL POLICIES
This tax-exempt mortgage revenue bond plan is consistent with the goals
and policies and the implementation methods set forth in the housing
element of Fridley's comprehensive plan. The development of these two
apartment complexes through the use of tax-exempt financing will provide
new housing opportunities which will help the City achieve a portion of
its numerical goals of 480 to 1,200 low- and moderate-income and 480
modest-cost housing opportunities through 1990.
The bond programs will enable Fridley to continue to diversify its housing
stock and make additional housing alternatives available for young
households and empty-nesters alike. It is also consistent with the City's
-dousing policy which calls for the use of local fiscal initiatives to
"stimulate" the construction of multifamily housing units.
This tax-exempt bond effort is also consistent with regional housing
policy of the Metropolitan Council, particularly Policy 81, which calls
for the use of tax-exempt financing by municipalities to meet their share
of the areawide need for low- and moderate-income and modest-cost
housing. Consistent with regional policy and bond plan review guidelines,
the bond plan indicates that the housing opportunities afforded by the
programs will be affirmatively marketed to all potential consumers and
producers. These programs will also provide diversification of housing
type, and the construction of market-rate rental housing units, both of
which are identified as primary objectives of tax-exempt financing in the }
Council 's review guidelines.
31
IV. SUMMARY OF FINDINGS
1. The Fridley housing bond plan includes all information required by law
and necessary for Metropolitan Council review.
2. The bond plan identifies the specific size and location of the
developments to be financed though the tax-exempt bond issues.
3. The bond plan is consistent with the housing policies of the City's
comprehensive plan, and the policies and bond plan review guidelines
of the Metropolitan Council with regard to the provision of low- and
moderate-income and modest-cost housing opportunities.
4. The bond programs are tools which will help the City provide low- and
moderate-income and modest-cost housing opportunities in attempting to
achieve its ten-year fair share goals for such housing.
5. The bond programs do not duplicate a financing method for subsidized
housing which is already available through MHFA or HUD.
6. The bond programs will promote diversification of the City's housing
stock and the construction of much needed market-rate rental housing.
V. RECOMMENDATION
Fridley's tax-exempt mortgage bond plan as currently submitted is
consistent with areawide policies and goals.
LM295-H2
•
I
32
THE CITY OF
DIRECTORATE
OF 1<'►1c oo�oo
- MEMORANDUM
PUBLIC WORKS •
FRIDL Y
DATE January 28, 1982 MEMO NO. 82-09
FROM D.P.wJerrold Boardman - Planning TO ACTION INFO.
SUBJECT John Flora Y X
Multifamily Mortgage Revenue C, Mfrf e.i.tf✓
Bond Program and Resolution
Please see attached the "Multifamily Mortgage Revenue Bond Program"
and "Resolution" as submitted by Diane Eliason, Dain Bosworth and
Associates, for the North Park Terrace Apartments. This is the
third step in a five step process. Step (1) and Step (2) have been
completed. They are (1 ) the approval of the Housing Mortgage Bond
Plan and Preliminary Bond Sale Resolution by the City Council on
December 7, 1981 and (2) the review and approval of the Bond Plan
by the Metropolitan Council completed on January 21 , 1982. The
remaining steps are as follows:
1 . Approval of the Bond Program by the City Council and its
-submission to the Minnesota Housing Finance Agency for
approval .
2. Minnesota Housing Finance Agency approval .
3. Entering into any legal contracts with the developer
and approval of the final bond sale.
The approval of the program does not require any commitment of subsidy for
its submission to the Minnesota Housing Finance Agency. This would allow
the developer to be eligible for tax exempt financing. After the Minnesota
Housing Finance Agency approves the program and prior to the final bond sale
resolution by the City, the City Council needs to determine the most appro-
priate means to assist the project. This may be in terms of a subsidy of
units, further write down of outside development costs, delay assessments,
etc. These are all eligible tax increment fund expenditures and would
have to be determined based on the financing information at that time.
JLB/de
. • City of Fridley 33
Multifamily Mortgage Revenue .
Bond Program
By enactment of Minnesota Statutes, Chapter 462C, the
Legislature in 1979 authorized all cities in Minnesota and
housing and redevelopment authorities, if authorized by the City,
to establish and finance certain single family and multifamily
housing programs as defined in the Act. Before issuing bonds
under Chapter 462C, the issuer is required to prepare, and after
conducting a public hearing, adopt a housing plan, submit the
plan to the Metropolitan Council for review and comment, prepare
and, after conducting a public hearing, adopt a housing program
covering the specifics of the proposed financing and submit such
program to Minnesota Housing Finance Agency for approval. The
state agency has promulgated regulations regarding the scope of
their review. Chapter 462C contains a series of limitations
including issue size and requirements of units for low income
persons. Furthermore, the proposed project site is in a redeve-
lopment district established pursuant to Minnesota Statute 462
and therefore is considered a target area under Minnesota Statute
462C.05
At the regular City Council meeting of December 7, 1981, a
resolution was passed which authorized the City of Fridley to
develop and administer programs of making mortgage loans to finance
single family and multifamily housing redevelopments and to sub-
mit a housing plan and program to the Metropolitan Council for
approval. Said resolution passed and adopted the housing plan.
The housing plan is presently being reviewed by the Metro-
politan Council. It is anticipated that approval will be received
shortly. Such approval is necessary before implementation of this
program. Through the implementation of this program, the City of
Fridley intends to provide for the following statewide policies:
• Availability of housing to all persons, and equal employ-
ment opportunity by all contractors and subcontractors
engaged in the construction of such housing to all per-
sons, without discrimination as to race, color, creed,
religion, national origin, sex, marital status, age, and
status with regard to public assistance or disability;
'' Assurance of decent, safe, and sanitary housing through
compliance with the state building code;
Provision of affordable housing options, and where possible
relocation assistance, to displaced persons in the same
developments and neighborhoods, in order to .minimize the
effects of potential displacement due to housing programs;
The participation and assistance of private industry in
•
providing decent, safe, and sanitary owner-occupied
housing and rental housing at affordable prices and ren-
tals to persons and families of low and moderate income,
to the elderly, and the handicapped;
-2- 34
The development of alternative energy systems and the
greatest possible use of techniques for energy conser-
vation in the construction or rehabilitation of residen-
tial housing, even where such techniques may exceed the
applicable federal, state, or local conservation standards;
Innovative methods of financing residential housing for
persons and families of low and moderate income;
• Increased construction of rental housing for large fami-
lies of low and moderate income;
Economic integration in residential housing in all
communities; and
The participation and assistance of local government and
other related• public bodies in the development of programs
to provide decent, safe, and sanitary housing to persons
and families of low and moderate income.
In addition the City of Fridley intends to implement this
program insuring that all construction will comply with the State
Building codes and any other codes that are deemed appropriate .
regarding this multifamily housing project.
The City of Fridley is not under any restriction regarding
the aggregate principal amount of the bonds as long as the City
implements the construction of multifamily housing including
affordable housing for low and moderate income families. It is
anticipated that the City of Fridley will issue approximately
$15, 000,000 in mortgage revenue bonds to fund the construction of
360 1, 2 and 3 bedroom rental units to be located at 83rd Avenue
N.E. , Fridley, Minnesota. Under single family restriction the
City of Fridley would not be able to issue more than $30, 228,000
in aggregate mortgage revenue bonds. The tax-exempt bonds will
be collateralized by a pledge of revenue derived from rental
• income including a pledge of revenue from tax increment as well
as a first mortgage in the subject property.
A. Summary of the Program
A summary of the proposed multifamily mortgage
revenue bond program would currently establish the
following parameters:
Rental Rates
•
The rental rates established for this project will
be based on the latest Fair Market Rents for
Minneapolis/St . Paul as published in the latest
Federal Register and increase such rent figures by
10% each year thereafter to such time that occu-
pancy occurs. Rental rates will be comparative to
• other units available in the City of Fridley and
• neighboring communities.
•
-3- 35
Qualification for the 20% Low and Moderate Income Units
20% of the 360 rental units will be maintained and
available to persons or families of low and
moderate income. Such persons or families will
qualify if income is at 80% or less of median
income level' for their family size as determined
by the Department of Housing and Urban Develop-
ment.
Subsidy of 20% units
A pledge of revenue by the City of Fridley or
owner sufficient to cover the difference between
the market rate rental income and the rental
income received of the 20% of low and moderate
income families will be required to implement this
bond program.
Revenue Bond Issue Size and Rate
It is anticipated that approximately $15, 000, 000
in bond proceeds will be necessary to finance the
construction of approximately 360 multifamily
units at an average interest cost of an estimated
13%.
B. Administration
The City of Fridley will need to direct certain
responsibility for implementation of this program. The
city will assume this responsibility by directing the
overseeing of rentals to low and moderate income persons
or families to qualified Staff ( "Administrators" ) . Said
Administrators will be the Fridley Housing and Redevelop-
ment Authority or an experienced managing agent to be
• determined and approved by the city. The administration
will be responsible for the collection of information, and
submitting necessary reports to the City Council and the
State. Periodic review of low and moderate income persons
• and families to verify their qualifications will be
required.
C. Costs of the City
Any necessary expenses of the City and its staff
during the structuring of the sale of bonds incurred and
associated with bond issuance will be reimbursed out of
bond proceeds.
D. Distribution of Bond Proceeds
Bond Proceeds will be restricted to provide construc-
tion and permanent financing for 360 multifamily rental
units located at 83rd Avenue, N.E. , Fridley, Minnesota.
36
" -4-
•
E. Summary and Conclusion
The City of Fridley desires to provide affordable
housing opportunities for all segments of its population.
This project will add 72 low income units to the City' s
housing inventory as well as provide 228 reasonably priced
housing units in the City and will increase the economic
integration of its neighborhood.
The housing plan with the multifamily mortgage
revenue bond program is designed to further the local and
regional housing policies by constructing safe, decent,
sanitary housing and making it available to various eco-
nomic segments of the City of Fridley population. It is
believed that the program will provide an incentive for
people to relocate in the City limits as well as provide
current rental residents with greater residential oppor-
tunity.
37
Resolution No. •
RESOLUTION APPROVING MULTIFAMILY
MORTGAGE REVENUE BOND
PROGRAM AND AUTHORIZING ITS
• SUBMISSION TO MINNESOTA HOUSING
FINANCE AGENCY
•
•
•
WHEREAS, Minnesota Statutes, Chapter 462C authorizes a city to plan,
administer and make or purchase a loan to finance a multi-family housing
• development after adoption of a housing plan and housing program thereon; and
WHEREAS, Minnesota Statutes, Chapter 462C authorizes adoption of the
housing plan and housing program after public hearing held thereon; and
WHEREAS, the City Council of the City of Fridley (the "City") held a public
hearing on the housing plan of the City (the "Housing Plan") on December 7, 1981,
and adopted it on that date; and
•
WHEREAS,'the City Council of the City held a public hearing on the multi-
family mortgage revenue bonds housing program (the "Program") on December 7,
1981, and February 1, 1982;
NOW, THEREFORE, BE IT RESOLVED THAT:
The City hereby approves the Program and authorizes the City Manager to
submit the Program to the Minnesota Housing Finance Agency for review and
approval.
38
THE CITY OF
�]Aiiir HOUSING00
` € ..
c's� a e.....� ::
and ..
(crtsull- REDEVELOPMENT '
000.11.41
AUTHORITY MOO
+ ...
FRIDLEY aajm:::~':_ E
FROM EXECUTIVE DIRECTOR MEMO NO.82_13
DATE February 11, 1982 TO ACTION INFO.
SUBJECT Housing & Redevelopment Authority X
Proposal for Industrial Development by
ELO Manufacturing - North Area TIF ,
I have been approached by Jim Benson, Benson & Malkerson, Inc. , who is representing
ELO Manufacturing in the development of a new 70,000 sq. ft. manufacturing plant
located at the corner of 81st and Main Street N.E. ELO Manufacturing is presently
located in the City on Rancher's Road and needs to move to a new location in order
to double its present size of plant, and would like to stay in Fridley. They looked
at this site, but would need some assistance from the HRA for soil and drainage work.
They are planning to appear before the HRA on February 17, 1982 to present their
project. I hope to have some detailed figures to look at for this project by
this meeting, and will start as soon as we get the plan.
JLB/de
39
620 Mendelssohn Avenue, Minneapolis, Minnesota 55427 Phone: 612 542-9907
Bensons maLKeRson, ins.
Industrial Rea'Estate
February 12, 1982
Mr. Jerrold L. Boardman
Executive Director
Fridley Housing and Redevelopment Authority
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Jerry:
I am writing you this letter as a representative of Elo Engineering,
Inc. who wish to apply to the Fridley Housing and Redevelopment Authority
for asssistance under the Tax Increment Plan to the North Area Redevelopment
Area as adopted by the City of Fridley.
Elo Engineering, Inc. is owned by Gene and Louise Owczarzak and have
been a Fridley based company for several years, currently operating
their business at 7770 Ranchers Road, Fridley, Minnesota.
Gene and Louise have entered into a Purchase Agreement to purchase
approximately 6.95 acres of industrial land located in the southeast
intersection of Main Street and 81st Street. The seller of the property
is Mr. Ronald Flanagan and Mr. Flanagan has owned the property for
several years.
The Owczarzak's have attempted to purchase several industrial lots in
Fridley but have been forced to cancel the purchase agreements based on
the cost to correct the extremely poor soil conditions.
The Purchase Agreement between the Owczarzak's and Mr. Flanagan is
contingent upon Assistance under the Tax Increment Plan based on the
need for soil correction.
It is the intentions of Elo Engineering to construct approximately a
70,000 sq. ft. industrial building on the proposed lot. This new building
will replace their existing building on Ranchers Road which is now
approximately 25,000 sq. ft.
As I mentioned to you on the telephone, I will deliver to your office on
Tuesday, February 16 additional information to include a site plan,
building specifications to include the cost of the proposed building and
cost estimates to correct the soil for the construction of the proposed
industrial building.
,oma
kas
Individual Membership,Society of Industrial Realtors
Member, National Association of Industrial and Office Parks
40
We would like very much to appear before the Fridley Housing and Re-
development Authorities meeting on Wednesday evening, February 17, 1982.
Thank you for your assistance and cooperation.
Sincerely,
BENSON & MALKERSON, INC.
J'm Benson, S. I. R.
JB/dbb
i
41
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TERMS OF SALE AND AVAILABILITY ARE SUBJECT
41A
ZONED FOR
INDUSTRIAL
COMMERCIAL OR
OFFICE BUILDINGS
13 Located in the suburb of Fridley, University In-
dustrial Park is linked to the Metropolitan area
via University Avenue N.E. (Hwy. 47), providing
direct access to 1-694 and Hwy. 10.
® Lots available in any combination to fit your
needs, 15 acres zoned industrial and 6 acres
zoned commercial — 1,300 feet of highway
frontage on University Avenue N.E.
® Land sales with terms . . . Build-to-suit . . .
Lease back.
C Municipal sanitary sewer, water, storm sewer
and 9 ton roads installed, plus underground
electrical service and firm natural gas provided
to all sites.
F Restaurants, banks, post office, shopping
areas, bus services, residential neighborhoods
and parks are all provided for in the immediate
area.
CHANGE OR WITHDRAWAL WITHOUT NOTICE.
41B
a
Anoka County
Airport
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University Industrial Park offers all the benefits of an urban industrial site plus the advantages of a suburban
location. It is close to the metropolitan center of Minneapolis-Saint Paul—the major governmental, industrial,and
financial center of the Upper Midwest. Of equal importance is the reservoir of educated and willing workers
available in this area. Business can draw continuously from this labor force of exceptionally high quality and
productivity.
Among the nationally known companies already located throughout the Fridley area are Medtronics, D.W. Onan,
Carter-Day, Dayton-Target, Midland Cooperatives, Northern Ordnance, Minnesota Linseed Oil, Downing Box,
Kurt Manufacturing and Totino's.
Investigate the advantages of a site in University Industrial Park. You're sure to find the location that meets all of
your requirements.
FOR DETAILS AND INFORMATION ON UNIVERSITY INDUSTRIAL PARK, CALL JIM BENSON
542-9907
Exclusive Agents:
The descriptive information set
forth in this brochure is from
sources deemed reliable, but no Benson associates
warranty is made as to the oc-
curacy thereof. Any prospective
purchaser or lessee or other Industrial Real Estate
person interested in this offer-
ing is required to moke his own
investigation and is not to rely 620 MENDELSSOHN AVENUE • (612)542.9907
on information set forth herein, MINNEAPOLIS,MINNESOTA 55427
since the some may be subject
to errors or omissions. The offer-
ing is subject to change of price
or other conditions or prior sale ��`.`�
or leose. Individual Membership,Society of Industrial Realtors ,-V
Member,National Association of Industrial and Office Parks —
- 41C
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44
LARGE FAMILY HOUSING PROGRAM
T
45
THE CITY OF • -_- � t __
-7---� HOUSING � ` S.
and '• ' ••
r MEMORANDUM '
er REDEVELOPMENT :::� ,;`�,�,..
(cif:— AUTHORITY • '"'� i .'`
iii
FRIDLEY
FROM EXECUTIVE DIRECTOR Mary Cayan 111C MEMO NO. 82=05
DATE February 10, 1982 TO ACTION INFO.
SUBJECT Jerrold Boardman X
Large Family Home Ownership Program:
Financing Time Limit Extension
On February 6, 1982 the 90-day financing time limit initiated by the HRA expired for
Mr. & Mrs. Mosad Aly. This family has made every effort to secure financing and had
all the necessary paper work submitted to the F.H.A.
I recommend that the HRA grant a 90-day financing extension to this family since they
have no control over the application processing time of the F.H.A. This extension
should ensure adequate time to complete all necessary procedures for closing on the
lot.
MC/de
s
•
•
46
1}-1
D pRre DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
l � `= MINNEAPOLIS-ST.PAUL AREA OFFICE
\b1101111
111 1111 01
e 220 SECOND STREET SOUTH
44 ao MINNEAPOLIS,MINNESOTA 55401
REGION V JAN 2 0 1982 IN REPLY REFER TO:
5.6CM
Honorable William J. Nee
Mayor of Fridley
6431 University Avenue N. E.
Fridley, Minnesota 55432
Dear Mayor Nee:
Subject: Closeout Procedures
CDBG Bonus Fund Grant in Support of Areawide
Housing Opportunity Plans
B-78--SA-27-0013
Fridley, Minnesota
A review of our Letter of Credit records reveals that you have now drawn
down nearly all funds allocated to the above captioned project. We assume
that this means your project is near or ,at completion and that all funds
have been disbursed for the purpose of this program.
In order to close out this grant, an audit and Performance Assessment
Report must now be completed. The timely completion of these closeout
activities will be a consideration in any future applications for funding.
The audit should begin within sixty days and should be completed within
150 days. If the completed CDBG Bonus fund project has already been
included in a recent audit conducted of other CDBG programs, no additional
audit is necessary.
The audit requirement for CDBG programs can be met by obtaining an audit
performed in compliance with either of the following audit guides:
1. CDBG Audit Guide and Standards 6505.2, including Changes 1 and 2.
2. United States General Accounting Office's Guidelines for Financial
and Compliance Audits of Federally Assisted Programs dated February
1980, along with GAO's publication entitled Standards for Audit
of Governmental Organizations, Programs, Activities, and Functions.
A copy of the CDBG audit guide is enclosed. You can obtain a copy of the
GAO audit guide by writing to the following office:
Superintendent of Documents
Public Documents Department
U. S. Government Printing Office
Washington, D. C. 20402
47
Page 2.
If you have not already done so, we recommend that you assign responsi-
bility for resolving audit findings to a member of your staff, since un-
resolved findings may have a negative effect on consideration for future
CDBG funding.
The enclosed Performance Assessment Report (PAR) must be completed within
thirty days, unless the CDBG Bonus fund grant has been reported as com-
pleted in a previous Grantee Performance Report. All CDBG Bonus fund
recipients must complete the following PAR forms.
4052.1 Cover Sheet
4052.2 - Grant Progress
4052.3 - Program Benefit (if applicable)
4052.4 - Direct Benefit Activities (if applicable)
4052.9 - Displacement (required only if displacement has occurred
as a result of the CDBG Bonus fund project)
In addition, those CDBG Bonus Funds recipients whose housing performance
is not reported in an annual entitlement Grantee Performance Report or a
Small Cities performance report which has or will be submitted within 12
months must complete the following forms:
4052.5 - Housing Assistance Performances Part I - Types and
Sources of Housing AssistanceProvided
4052.7 - Rousing Opportunities - Part I
Once your audit and performance assessment report have been reviewed and
accepted by HUD, a Certificate of Completion will be executed. This will
officially close out your CDBG Bonus Fund project.
Please inform us immediately if you expect a delay in the closeout of this
project. Otherwise, we will expect your final Performance Assessment Report
on or about March 1, 1982, and a completed audit report on or about July 1,
1982. Contact your HUD Community Development Representative if you have
any questions on these closeout requirements.
Sincerely,
Thomas T. Feeney
Area Manager
Enclosures
cc: Jerry Boardman, City Planner
48
FINANCIAL REPORT
t _
49
Check Register at meeting
1
50
OTHER BUSINESS:
• 51
�• r `� .ter
s -. -
t► virVe .EbJ
"7ervinci finnesoto's Housinci on
Community Development Heeds
MEMORANDUM January 18, 1982
TO: Members, Minnesota NAHRO
FROM: Nancy Reeves, Chair, and the members of the Minnesota NAHRO
Legislative Committee
SUBJECT: Report of the Work of the Committee and 1982 State
Legislative Outlook
The Minnesota NAHRO Legislative Committee held 5 meetings between September 30
and December 1, 1981, to complete its work in preparation for the 1982
Minnesota Legislative Session. At these meetings, a total of 11 different
issues or specific proposals were discussed and considered by the Committee,
with presentations from experts on each issue. At the last meeting, the
Committee voted to recommend to the NAHRO Board that Minnesota NAHRO hire
legal counsel to draft bills and represent NAHRO's positions in the legislature
for 3 proposals. Three additional proposals were supported, but with other
organizations taking the lead role. One proposal was opposed. Three proposals
were supported in concept, subject to consideration of specific bills when
available. And the last proposal was considered, but no action taken, pending
answers to many questions.
The recommendations of the Committee were approved by the NAHRO Board at its
December 10 meeting, whereupon Stan Kehl, of the Holmes and Graven law firm,
was hired to represent NAHRO. Since that time, bills have been drafted and
sent to the Revisor's office, and sponsors have been found for the NAHRO proposals.
During the next few weeks, Minnesota NAHRO members may be contacted by Mr. Kehl
or by the Legislative Committee to provide information, testimony, or legislative
contacts for the NAHRO bills. I urge all of you to extend your full cooperation
to secure passage of these bills. And, I want to extend my thanks to the
following people who have served on the Legislative Committee: Jerry Boardman,
Fridley Mary Cayan, Fridley; Phil Cohen, Brooklyn Center; Dennis Daniels,
Bloomington; Roberta Everling, Metro HRA; Barb Grossman, St. Paul; Ann Hurlburt,
Cottage Grove; Phil Katzung, Metro HRA; Bill Kemp, St. Cloud; Kermit Mahan, Austin;
Joanne McDonald, Dakota County HRA; Geoff Olson, Maplewood; Dean Otterson, St. Cloud;
Guy Peterson, Metropolitan Council; Marge Rolland, Minneapolis; Carol Schultz,
Dakota County HRA; Mary Schweiger, St. Paul; Mark Ulfers, Dakota County HRA.
A listing of the legislative issues sponsored, supported, and considered by the
Committee is attached for your information.
5Z
1982 SUMMARY OF MINNESOTA LEGISLATIVE PROPOSALS
RELATED TO HOUSING AND COMMUNITY DEVELOPMENT
NAHRO - Sponsored Proposals:
1) Proposal permitting PHA's to offer housing interest reduction programs.
This proposal, an amendment of the HRA Act, Chapter 462, would permit
housing authorities to write down interest rates on new or rehabilitated
housing developments, as well as for commercial space within housing
developments. The revenue used by the housing authority to pay these costs
could be derived from any funding sources available. The write-down of
interest rates may be necessary to produce affordable housing, particularly
if it is combined with other available financing tools. A copy of the
NAHRO bill is attached.
2) Proposals to increase the informal bid maximum from $5,000 to $10,000 for
housing authorities, and to $20,000 for emergency repair needs. This
proposal, also an amendment to Chapter 462, could substantially reduce
administrative costs for housing authorities by reducing the number of
times formal bids are necessary in the operation of public housing units.
Municipalities already use the higher limits, and further research may
determine that housing authorities are already able to do so also. If so,
Minnesota NAHRO will provide information regarding the appropriate limits,
and there will be no need for legislation. Meanwhile, the proposed bill is
attached for your information.
3) Proposal to provide for Commercial Rehabilitation Loans. Introduced during
th ie 981 Session as S.F. 1228, the proposal is currently being sponsored
by Senator Pehler of St. Cloud and Representative Pogemiller of
Minneapolis. It is designed to encourage the rehabilitation of small and
medium sized commerical buildings through the use of local tax-exempt
bonds. A copy of S.F. 1228 is attached.
Proposals Supported by NAHRO:
4) Amendments to Chapter 462(c) to bring state tax-exempt bond law into
conformance with Ullman provisions. The amendments include defining
"single-family" as 1-4 unit buildings if owner-occupied; defining
"multifamily" as any rental property of one or more units; permitting
refinancing with rehabilitation of single-family units; and permitting
rehabilitation without acquisition. Also in the proposal is a procedure
for allocating unused state bonding authority by the Housing Finance
Agency. (For further information: Mary Schweiger, St. Paul Department of
Planning and Economic Development.)
5) Community Reinvestment Fund. This proposal, sponsored by the Metropolitan
Council and the Minnesota League of Cities, would create a statewide bond
fund for commercial and industrial development loans. It would be a
revolving fund, with new loans generated as old loans are paid back, and
would provide a needed reinvestment tool for the older cities of the
state. (For further information: John Kari, Metropolitan Council staff.)
53
6) Other Amendments to the State HRA ACT, Chapter 462. (a) Permitting the
size of the PHA Board to be increased from five to seven members, at the
option of the governing body, and (b) increasing the amount of compensation
HRA commissioners are eligible to receive per meeting and per year, up from
$25 to $50 per meeting, and from $1,500 to $3,000 per year, maximums.
These amendments will be sponsored by Senator Belanger of Bloomington.
(For further information: Dennis Daniels, Bloomington HRA.)
Proposal Opposed by NAHRO:
7) Possible proposal to count housing subsidies as income in figuring welfare
benefits in Minnesota. New regulations of the Federal Department of Health
and Human Services permit states to count monthly housing subsidy amounts
as income in determining welfare payments. For a state to begin doing
this, legislation is required. If such legislation is proposed in
Minnesota, it should be strongly opposed. Housing subsidies are designed
to help people move up and out of the poverty level. This new proposal
would not only push people back down, it would also increase the cost of
housing subsidy payments, which are based on income. (For further
information: Roberta Everling, Metro HRA.)
Additional Proposals Considered by NAHRO:
8) Pension fund legislation, to make it possible for more money from pension
funds to be made available for home mortgages. NAHRO supports this
concept.
9) Group home zoning, to permit group homes for the mentally ill in single-
family zones. NAHRO supports this concept.
10) HRA audits. There is a need to clarify the current state position that
HRA's are required to be audited by the state and to pay for the audit.
Legislation may be needed to protect HRA's from double audit requirements
and costs. Further clarification of this issue is currently being sought
by NAHRO.
11) Urban Preserves. A proposal to permit areas within cities to be designated
"urban preserves". In these areas, property taxes on multifamily housing
units would be reduced in return for guarantees of lower rents for the •
units. Units in these "preserves" could not be converted to condominiums.
This proposal is worthy of further study, but there are many questionable
aspects.
54
SEi{:12/29/81
NA120-003
A bill for an act
relating to housing and redevelopment authorities; authorizing a housing
interest reduction program; amending Minnesota Statutes 1980, Section
462.421,Subdivision 14,Section 462.445 by adding a subdivision, and Section
462.545,Subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1980, Section 462.421, Subdivision 14 is
amended to read:
Subd. 14. "Project" means a housing project, a housing development project
or a redevelopment project, or any combination of such projects. The term
"project" also may be applied to all real and personal property, assets, cash, or
other funds, held or used in connection with the development or operation of the
housing project, housing development project or redevelopment project,es the case
may be. The term "project" also includes an interest reduction program
authorized by section 462.445.subdivision 10.
Sec. 2. Minnesota Statutues 1980, Section 462.445 is amended by adding a
subdivision to read:
Subd. 10. (INTEREST REDUCTION PROGRAM.) An authority may
develop and administer an interest reduction. to assist the financing of the
construction, rehaoilitation, and purchase of housing units which are primarily for
occupancy by individuals of low or moderate income and related and subordinate
facilities. An authority shall have the power to:
(a) pay in periodic oavments or in a lump sum payment any or all of the
interest on loans made pursuant to chapter 462C or section 462.445,subdivision 9;
(b) pay any or all of the interest on bonds issued pursuant to chapter 462C,
or pursuant to this chapter for the purpose of making loans authorized by section
462.445. subdivision 9;
(c) pay in periodic payments or in a lump sum payment any or all of the
interest on scans made by private lenders to purchasers of housing units;
-e
(d) pay any or all of the interest due on loans made by private lenders to a
developer for the construction or rehabilitation of housing units;
(e) oav in periodic payments or in a lump sum payment any or all of the
interest on loans made by any person to a developer for the construction.
rehabilitation and purchase of commercial facilities which are related and
-1-
55
SEK:12/29/81
NA120-003
subordinate to the construction, rehabilitation or purchase of housing units which
receive interest reduction assistance: and
(f) oav any or all of the interest on bonds issued pursuant to chapter 474,
when the bonds are issued for a project which is related and subordinate to the
construction, rehabilitation or purchase of housing units which receive interest
buy-down assistance;
In develooing the interest reduction program the authority shall consider:
(a) the availability and affordability of other governmental programs;
(b) the availability and affordability of private market finarcirP; and
(c) the need for additional affordable mortgage credit to encourage the
construction and enable the purchase of housing units within the jurisdiction of the
authority. The authority shall promulgate regulations for the interest assistance
program. An interest reduction shall not be provided when the authority
determines that financing for the purchase of a housing unit or for the construction
or rehabilitation of housing units is otherwise available from private lenders upon
terms and conditions which are affordable by the applicant, as provided 5y the
authority in its regulations.
Sec. 3. Minnesota Statutes 1980, Section 462.545, subdivision 1 is amended
to read:
Subdivision 1. [FINANCING PLANS AUTHORIZED.] The entire cost of a
project as defined in section 462.421. subdivision 14, including administrative
expense of the authority allocable to the project and debt charges and all other
costs authorized to be incurred by the authority in sections 462.415 to 462.711,
shall be known as the public redevelopment cost. The proceeds from the sale or
lease of property in a project shall be known as the capital proceeds. Since it is
the purpose of this act that authorities will sell or lease or retain the land in the
redevelopment project area, in whole or in part, for a variety of purposes,
depending upon the type of project, including private housing for upper or middle-
income groups, or low income groups, public housing for low-income groups,
commercial and other purposes, at its fair use value, except as provided in section
462.525, subdivisions 9 and 10, which may be less than the public redevelopment
cost, the capital proceeds from land sold may pay beck only a portion of the public
redevelopment cost. For the purpose of carrying out the provisions of sections
462.515 to 462.545, including the defrayment of the c €Ferenee between the public
redevelopment cost and minus the capital proceeds if any, which includes the
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NA120-003
difference between any annual debt service end the annual administrative expenses
of the authority allocable to the project and any annual capital proceeds, an
authority may, in its discretion, finance such projects in any one, by any
combination of, the following methods, which are also dealt with in sections
462.415 to 462.711.
Sec.4. [EFFECTIVE DATE.]
This act shall be effective the day following final enactment.
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SEK:12/15/81
NA120-003
A bill for an act
relating to housing and redevelopment authorities; increasing the minimum
expenditure limit for public bidding; amending Minnesota Statutes
1980,Section 462.461,subdivisions 1 and 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1980, Section 462.461, Subdivision 1 is
amended to read:
Subdivision 1. All construction work, and work of demolition or clearing,
and every purchase of equipment, supplies, or materials, necessary in carrying out
the purposes of sections 462.415 to 462.711, that shall involve the expenditure of
$57698 510.000 or more shall be awarded by contract as hereinafter provided.
Before receiving bids under the provisions of these sections the authority shall
publish,once a week for two consecutive weeks in an official newspaper of general
circulation in the community a notice that bids will be received for that
construction work, or that purchase of equipment, supplies, or materials, stating
the nature of the work and the terms and conditions upon which the contract is to •
be let, naming therein a time and place where bids will be received, opened and
read publicly, which time shall be not less than seven days after the date of the
• last publication. After the bids have been duly received, opened and read publicly
and recorded, the authority shall award the contract to the lowest responsible
bidder, the authority reserving the right, however, to reject any or all bids, each
such contract to be duly executed in writing, and the person to whom the contract
is awarded shall give sufficient bond to the authority for its faithful performance.
If no satisfactory bid is received, the authority may readvertise. The authority
shall have the right to set up reasonable qualifications to determine the fitness and
responsibility of bidders and to require bidders to meet such qualifications before
bids are accepted.
Sec. 2. Minnesota Statutes 1980, Section 462.461, Subdivision 2 is amended
to read:
Subd. 2. If the authority by an affirmative vote of four-fifths 'of its
members shall declare that an emergency exists requiring the immediate purchase
of any equipment or material or supplies at a cost in excess of 56-,-898 510.000,but
not exceeding 5467988 $20.000 in amount, or making of emergency repairs, it shall
not be necessary to advertise for bids,but the material, equipment, or supplies may
be purchased in the open market at the lowest price ootainable, or the emergency
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SEK:12/15/81
N A120-003
repairs may be contracted for or performed without securing formal competitive
bids. An emergency, as considered in sections 462.415 to 462.711, shall be
understood to be unforeseen circumstances or conditions which result in the placing
• in jeopardy of human life or property.
Sec.3. [EFFECTIVE DATE.]
This act shall be effective the day following enactment.
•
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59
•
• (REVISOR ] XX/JC 81-2430
X228
APR s 1281
Messrs. Pehier, Dicklich and Davis introduced--
S. F. No. 1228 Referred to the Co-c.1ttee on LL!Government
and Urc_n Affairs
1 A bill for an act
2 relating to cities; authorizing city rehablitation
3 loan programs for small and medium sized commercial
4 buildings; and providing for the issuance of revenue
5 bonds to finance the programs; proposing new law coded •
6 in Minnesota Statutes, Chapter 459.
7
8 33 IT ENACTED 3Y THE LEGISLATURE OF THE STATE C3 MINNESOTA:
• 9 Section 1. [459.31] [PROGRAMS FCR MUNICIPAL COMMERCIAL
10 REHABILITATION LOANS. ]
11 Subdivision 1. [FINDINGS AND PURPOSE. ] The legislature of
12 the state of Minnesota finds that in many cities within the
13 state there are small and medium sized commercial buildings
14 which are physically deteriorating and in need of
15 rehabilitation; that there is a need for city programs for the
16 rehabilitation of these commercial buildings; that some o hers •
17 of small and medium sized commercial buildings are unable to
18 afford rehabilitation loans in the private mortgage market and
19 that the health, safety and general welfare and the preservation
20 of the duality of life of the residents of Minnesota cities are
21 dependent upon the preservation and re_hai:_-= =on of these
22 commercial buildings.
23 Subd. 2. [AUTHORIZATION. ] To accomplish the purposes
24 spe,—" g' d in subdivision 1, the governing body of any city,
25 however organized, may, by ordinance, establish and provide for
25 the administration of a commercial building loan program to
1
. 60 • .. .
(REVISOR ) SX/JC 81-2430
1 rehabilitate and preserve small and medium sized commercial .
2 buildings located within its boundaries, upon making the
3 following findings:
4 (1) that commercial buildings in the city are physically
5 deteriorating, underused, economically inefficient or
6 functionally obsolete, and in need of rehabilitation to meet
7 applicable building codes; _
8 (2) that there is a need for a comprehensive program for
9 the rehabilitation of the buildings to prevent economic and
10 physical
!�
blightI and deterioration, to increase the municipal tax
' 11 base, and to assist in the implementation of the comprehensive
12 plan of the municipality;
13 (3) that some owners of small and medium sized co„_ ___ial
14 buildings in the city are unable to afford rehabilitation loans
15 on terms available in the private mortgage market or to obtain
16 rehabilitation loans on any terms because the private mortgage
17 market is severely restricted; and
18 (4) that the health, safety and general welfare and the
19 preservation of the quality of life of the residents the
20 are dependent upon the preservation and rehabilitation of the
21 commercial buildings. In no case shall any governing body
22 include the making of grants as a part of a program authorized
I
23 by this section. The program may include provisions for loans
24 for rehabilitaticn and preservation purposes, secured by
25 mortgages on the property with respect to which the loans are
25 made, or by other security acceptable to the governing body of
27 the city. Except as hereinafter provided, the loans may be made
28 on terms and conditions as authorized in the program. In
29 approving applications for loans from a program, the following
30 factors shall be considered:
31 (a) The availability and affordability of private mortgage
32 credit;
33 (b) The availability and affordability of other
34 governmental programs;
35 (c) Whether the building is required, pursuant to anyCoL`r`_
36 order, statute or ordinance, to be repaired, improved or
2
61 .
•
[REVISOR ] XS/JC 81-2430
1 rehabilitated; and
2 (d) Whether the proposed improvements will result in
3 conformance with building and zoning codes and improvement of
4 the aesthetic quality of existing commercial areas.
5 Subd. 3. [LIMITATIONS. ) A loan program shall be operated
6 within the following limitations:
7 (1) The terms and conditions of all loans made under the
8 program shall be fixed so that the sum of all repayments of
9 principal and interest on them, not then delicuent, and all fees
10 and charges collected, together with other sums to be
11 contributed by the city, shall, over the duration of the
12 program, be estimated to be equal to or greater than the sum of
13 all estimated costs of the program, as determined by the program
14 administrator and approved by the governing body of the city,
15 including administrative costs, mortgage foreclosure costs, and
16 principal and interest payments cn bonds issued to finance the
17 program to the extent not paid from bond proceeds;
18 (2) No loan shall be made for a period exceeding 20 years;
19 (3) No loan shall exceed 80 percent of the estimated market
• 20 value of the property to be rehabilitated upon ccmpletion of the
• 21 rehabilitation, less the principal balance of any prior mortgage
22 existing on the property at the time the loan is made; and
23 (4) No loan shall be made in excess of $100,000 for the
24 rehabilitation of any particular small or medium sized
25 commercial building.
• 26 Subd. 4. [ADMINISTRATII0N. ] The municipal_ty may administer
27 the program directly or may contract with any .,:a' ='..d public
28 or private nonprofit agency or enterprise for some or all of the
29 services required. The ordinance establishing the program shall
• 30 provide for the adoption of progra:. regulations which shall
31 include a definition of "small and medium sized commercial
32 buildings", loan eligibility and loan priority criteria, loan
33 amount limitations and other provisions as deemed necessary.
34 Sec. 2. 1459.321 [HOUSING :NG ?EJEVELC?.M:N:" AUTHOR:TY
35 ACTING ON BEHALF OF CI'_':."-a^
36 A housing and redevelopment authority of.a city may
3
62
4 [REVISOR ] X{/:C 81-2430
1 exercise any or all of the powers conferred by this act on
2 behalf of a city, if the city by ordinance authorizes it.
3 Sec. 3. [459.331 [BONDS FOR ,MUNICIPAL COMMERCIAL
4 RZ^'-?BILITATICN LOAN ?ROGRAM. ]
5 Subdivision 1. [REVENUE BONDS. ) Notwithstanding any
6 contrary provision .of other law or charter, the governing body
7 of any city operating a program under section 1 nay, by
8 resolution, authorize, issue and sell revenue bonds or
9 obligations payable solely from all or a portion of the revenues
10 derived from or other contributions to the program. The bonds
11 or obligations shall mature as determined by resolution of the
12 governing body of the city in accordance with the limitations of
13 section 1, subdivision 3.
14 The bonds or obligations nay
75 (a) be issued in one or more series,
16 (b) bear a date or dates,
17 (c) bear interest at a rate or rates,
18 (d) be in the denomination or denominations,
19 (e) be either coupon or registered,
20 (f) carry conversion or registration privileges,
21 (g) have rank or priority,
22 (h) be executed in the manner,
23 (i) be payable at the place or places, and
24 (j) be subject ec t to the terms of redemption, with or without
• 25 premium,
25resolution, its trust indenture or mortgage may provide..
as the 27 The bonds or obligations may be sold at public or private sale
28 at the price or prices the governing body of the city by
29 resolution shall determine, and notwithstanding any contrary
30 provision of any other law, shall be fully negotiable. In any
31 suit, action, or proceedings involving the validity or
32 enforceability of any bonds or obligations of the city or their
itsubstance that it has been issued
33 security, any bond � nS in
34 by the city to aid in financing a commercial rehabilitation loan
35 program shall be conclusively deemed to have been issued for
36 that purpose, and the program shall be conclusively deemed to
4
•
63
(REVISOR J C/JC 81-2430
1 have been authorized, established and carried out in accordance
2 with the purposes and provisions of section 1. Neither the city
3 nor any council member, board member, director, commissioner,
4 officer, employee or agent of the governing body of the city nor
5 any person executing the bonds shall be liable personally on the
6 bonds by reason of -their issuance. The bonds or obligations may
7 be further secured by a pledge or mortgage on the property with
8 respect to which loans are made and in aid of which the bonds
9 are issued and by covenants as the governing body of the city
10 shall deem by resolution to be necessary and proper to secure
11 payment of the bonds. The bonds or obligations, and they shall
12 so state on their face, shall not be payable from nor charged
13 upon any funds other than the revenues and properties pledged or
• 14 mortgaged to their payment, nor shall the issuing city be
15 subject to any liability on them or have the powers to obligate
16 itself to pay or pay the bonds from funds other than the
17 revenues and. properties pledged and mortgaged and no holder of
18 the bonds or obligations shall ever have' the right to compel any
•
19 exercise of any taxing power of the issuing city or any other
20 public body to pay the principal of cr interest on the bonds or
• 21 obligations, nor to enforce payment of them against any property
22 of the city or other public body other than that expressly
23 pledged or mortgaged for their payment.
24 Subd. 2. [USE OF BOND PROCEEDS. ] The proceeds of the
25 revenue bonds or obligations may be used
26 (a) to make loans in accordance with a program,
• 27 (b) to establish a fund from which loans may be made in
28 accordance with a program,
29 (c) to establish reserves for the payment of the bonds and
30 interest on them,
31 (d) to pay all of the coming due cn the bonds
32 until the money derived from loan repayments is s ' ^ mnt for
33 the purpose, and
34 (e) to pay costs of issuance.
35 Subd. 3. (SECURITY FCR BONDS. ] The city may pledge any
36 mortgages securing loans made under the program and all
5
64
[REVISOR j }c/J` 31-2420
1 principal and interest payments to be received cinder them to tie
2 payment of revenue bonds cr obligations issued under this
3 section, may make other covenants with respect to them, future
4 mortgages or other matters as deemed necessary for the security
5 of the revenue bonds or obligations, and may assign all cf
its
6 rights under the mortgages to a trustee for bond holders and
7 enter into an indenture of trust for this purpose, containing
8 other terms and provisions and conferring powers on the trustee
9 as considered necessary for the security of the bonds or
10 obligations.
11 Subd. 4. [ADDITICNAI, SECURITY FOR BONDS. ] The governing
12 body of the city shall not amend the regulations adopted by
13 ordinance and in effect at the time any bonds or obligations
• 14 authorized by this act are issued, to the detriment of the
15 holder of the bonds or obligations.
16 Subd. 5. [OTHER LEGISLATION. ]
The authority granted in
17 this act is in addition to all existing power and authority of
18 any city.
6