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HRA 12/13/1990 - 29616CITY OF FRIDLEY HOIISING & REDEVELOPMENT AIITHORITY MEETING� DECEMBER 13� 1990 �..����.,....._���....����..�..�������������_��_�������������.,..,.����»����.,.��� CALL TO ORDER• Chairperson Commers called the December 13, 1990, Housing & Redevelopment Authority minutes to order at 7:10 p.m. ROLL CALL• Members Present: Larry Commers, Virginia Schnabel, John Meyer, Duane Prairie Members Absent: Walter Rasmussen Others Present: Bill Burns, Executive Director of HRA Barbara Dacy, Planning Coordinator Rick Pribyl, Finance Director Paul Hansen, Accountant Jim Hoeft, City Attorney APPROVAL OF NOVEMBER 8 1990. HOUSING & REDEVELOPMENT AUTHORITY MINUTES• � MOTION by Mr. Prairie, seconded by Ms. Schnabel, to approve the November 8, 1990, Housing & Redevelopment Authority minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON CONIl+�ERS DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. PROPOSED TAX INCREMENT TURNBACK TO SCHOOL DISTRICTS: Mr. Burns stated that in addition to the agenda material, the HRA members were given an updated memo entitled "Update on Information Regarding Interest and Penalties on Delinquent Taxes from Skywood Mall". Mr. Pribyl stated that as the HRA stipulated, he is bringing this agreement to the HRA earlier than in the past so that the school districts can incorporate this into their budgeting processes. Staff has provided the HRA with an estimate of what they feel this agreement will actually return to the various school districts within the boundaries of the City of Fridley. This year the estimated amount is $268,958, the most significant amount returned to date. Mr. Pribyl stated one item he wanted to clarify is in regard to the i"'� penalties and interest on the Skywood Mall. In his memo he made �. � HOUSING � REDEVELOPMENT AUTHORITY MTG., DEC. 13, 1990 PAaE 2 a comment regarding the windfall to School District #13 and possibly holding back $113,500. The Finance Department of the Department of Education has just clarified what happens with those penalties and interest. These penalties and interest are actually part of a formula, just as the City has a formula for the levy limit and the state aids. These penalties and interest for the school district are part of their formula in their determination of their per pupil aid that they received more in penalties and interest because they are actually coming through with the tax settlement that actually reduces their aid. So, School District #13 is not privy to a windfall of $113,500, because their aids are reduced proportionately by that amount. TnThat really happens is the State of Minnesota then is the benefactor of that $113,500; it is not the school district. As it stands, he is asking the HRA's approval of these agreements without any stipulations. Mr. Burns stated that if the HRA withholds the $113,500 turnback to School District #13, the State does not kick in with more aid. Mr. Pribyl stated that in regard to the referendum return, this amount of money does not enter into the State's calculations. So, this amount of money would be a true return to the School District. If the HRA holds back the $113,500 from School District #13, they will not get that amount of money back from the State, because it is not part of the apportionment process that is figured into their taxes and the School District would be penalized for something they did not even receive. Mr. Commers stated there is a bigger policy issue that has been raised every time they have discussed this subject, and that is the purpose of the refunding to the school districts and the fact that they are doing it now in December 1990 for the 1992 fiscal year without knowing what, in fact, will be the HRA's financial position. That raises issues in view of the fact that they have a major project under dispute which may cause a significant financial commitment from the HRA. He is not so sure the HRA can just continue to promise the return of these funds to the school districts two years in advance. The original reason was not that this was going to be an ongoing process, but he did know there have been a number of issues raised by the schools and they do have problems, so it is very difficult to draw the line. But, from a philosophical and policy point of view, it is something the HRA will need to address again. He believed the HRA said they would consider it this time; but it is something they will have to watch, especially since the dollar amount has increased significantly. Mr. Prairie stated that it might be prudent for the HRA to set a maximum dollar limit on the return to the school districts and not exceed that amount. Setting a limit would provide the HRA some ^ protection from these increases. Mr. Burns stated he would like to make two observations: � HOUSING & REDEVELOPMENT AUTHORITY MTG.. DEC. 13, 1990 PAGE 3 ^ 1. It is important to go back to the rationale that supports the HRA's option, and the rationale behind the legislation gives the HRA this discretion that this referendum money is money that was not anticipated at the time the tax increment financing district was set up. 2. They have seen a lot of increase in their return to the schools, but he believed as Moore Lake Commons and the Moore Lake Racquet, Swim, & Health Club have been completed that they are probably getting close to the point in time when they will not see these large increases. Mr. Meyer stated that if they put a cap on the amount of money to be returned to the school districts, the school districts would be put on notice that they cannot continue to expect increasing returns. Mr. Pribyl stated the way the agreement is now written, it actually stipulates that the increments will be returned. By approving and signing the agreement, the HRA is bound to return the amount collected. Mr. Burns stated the HRA might want to consider tabling further discussion and before voting on it, look at their revenue flow and compare it with the projected projects. The HRA has not done that for awhile, and it might be timely to do that as they start a new year. Mr. Commers stated that he thought the HRA should be honest with the school districts that the HRA may not be able to continue returning these kinds of monies in the future. He did think the HRA should make a commitment to the school districts, but they should make the commitment less than what it is--possibly $200,000. Mr. Meyer stated he thought the HRA should send a noticeable signal to let the school districts know that the HRA is trying to build a noticeable reserve for any future needs the HRA might have. MOTION by Mr. Meyer, seconded by Ms. Schnabel, to authorize a referendum levy return to School Districts #11, #13, #14, and #16 in the amount of $200,000, payable out of the referendum recovery of 1991, payable to the school districts in 1991-92; the total amount to be prorated among the four school districts. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Pribyl stated the agreements will be modified to incorporate this dollar change. ^ HOIISING & REDEVELOPMENT AUTAORITY MTG., DEC. 13, 1990 PAGE 4 r , 2. SIGN PERMIT FOR FRIDLEY PLAZA PHARMACY. FRIDLEY PLAZA OFFICE BUILDING• Ms. Dacy stated this request is brought to the HRA as a result of the original development contract for the Fridley Plaza Office building. The original development contract was quite specific on the type of exterior signage allowed. There is no wall signage on this building, except for the signs within the tenants' windows. Staff wanted to bring this request before the HRA and the City Council to make sure that this request is consistent with the original intent of the development contract and the intent of the redevelopment district. Ms. Dacy stated the Fridley Plaza Pharmacy is proposing to put a sign right above their tenant space on the south side of the building across from the Fridley Plaza Clinic. The owners of the pharmacy have received a number of complaints from their clients regarding the clients' ability to see the pharmacy from 5th Street and from their elderly patients coming from the clinic across the street. The Fridley Plaza Pharmacy wants to put up a 17 sq. ft. sign which will say "Pharmacy". The height of the letters is about 18 inches, and the length is 11 feet 4 inches. �''� Ms. Dacy stated staff is recommending that the HRA approve the sign permit request for the Fridley Plaza Pharmacy with the following two stipulations: 1. The letters be a golden color consistent with other window signage on the building; 2. No additional signage be permitted for the building unless the HRA and the Council consents to accept additional exterior signage for the building. Ms. Dacy stated it was staff's interpretation that the original intent to control the signage on this particular building was to minimize the impact of the appearance from along University Avenue. This particular sign would be on the south side of the building and would not be very visible from University Avenue. However, if one tenant has a sign, there is nothing to prevent another tenant from petitioning for additional signage. Ms. Dacy stated staff has expressed their recommendation to Tony Krajeci, the building manager. Mr. Krajeci agreed with staff's recommendation and stipulations. Mr. Commers stated he believed one of the reasons the HRA put a restriction on exterior signage was not with so much concern about ^ the appearance of the building from the University Avenue frontage, but more because it was the HRA's desire to maintain control over the exterior and general appearance of the building. �„\ HOUSING & REDEVELOPMENT AUTHORITY MTG., DEC. 13, 1990 PAGE 5 ^ Mr. Commers stated he could certainly understand the desire and need by the Fridley Plaza Pharmacy for this sign. Mr. Meyer stated the sign is not going to be illuminated so that is not an issue. MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the sign request as proposed by the Fridley Plaza Pharmacy with the following stipulations: 1. The letters be a golden color consistent with other window signage on the building; 2. No additional signage be permitted for the building unless the HRA and the Council consents to accept additional exterior signage for the building. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON COMMERB DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Commers stated he was not sure the City Council had the right of final approval on the development agreement for the Fridley Plaza Office building. He believed it was just the HRA. 3. ESTIMATES• a. The Kordiak Company (Rice Plaza) Mr. Hansen stated the HRA no longer needs to approve the management fee for The Kordiak Company. It is part of the check register and part of the normal operating billing. Mr. Commers stated it might be helpful for The Kordiak Company to submit a written memo to the HRA on the status of the tenants in terms of the rent payments. Mr. Pribyl stated staff can contact Mr. Kordiak and find out what his policies are as far as rent payments. Staff can then give the HRA a monthly status report based on the rent checks received. 4. CLAIMS (2082-2089): MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the check register dated December 13, 1990, as submitted. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N COMMERS ^ DECLARED THE MOTION CARRIED UNANIMOIISLY. 5. CONSIDERATION OF 1991 MEETING DATES: � ^ HOIISING � REDEVELOPMENT AUTHORITY MTG., DEC. 13, 1990 PADE 6 C:i� � El! The HRA members were in agreement with the following 1991 meeting dates, with the time of the meeting changed from 7:00 p.m. to 7:30 p.m. January 10 February 14 March 14 April 11 May 9 June 13 July 11 August 8 5eptember 12 October 10 November 14 December 12 PROPOSED AGREEMENT TO ASSIST PROPOSED NEW RMS PLANT WITH ONE- HALF OUTSTANDING SPECIAL ASSESSMENTS: Mr. Burns stated it is staff's plan to have either a resolution or a very small development agreement prepared for the January 10, 1991, HRA meeting. Ms. Schnabel stated that the City Council will discuss this proposed agreement on December 17, 1990. She stated she would like staff to give the HRA a general report on the discussions. STATUS OF THE CORRECTIVE ACTION AT 57TH PLACE: Ms. Dacy stated she had just spoken that day with the MPCA staff inember following this project. As far as the MPCA is concerned, they feel that Delta Engineering is continuing to do the additional studies they want. She had also received a telephone call from Jack Lemley of Ashland Oil that day. Mr. Lemley wanted to know if the HRA would be discussing this particular redevelopment area. She told Mr. Lemley that the HRA would not be discussing it. She stated she asked him where Rapid Oil is with their particular plans, and Mr. Lemley said he could not discuss that at this time. They have agreed to contact each other in January. STATUS OF UNIVERSITY/MISSISSIPPI STREET IMPROVEMENT PLANS: Ms. Dacy stated that when the HRA discussed this item on November 8, 1990, the Council was going to consider the improvement issue at their November 13th special meeting. The Council did that and agreed in concept with installing the street lights and all the elements of the University Avenue Corridor concept the HRA has agreed to pay for. Ms. Dacy stated that in Mr. Flora's memo dated November 29, 1990, he stated that the City can expect an agreement from � Anoka County requesting approval and identifying the appropriate fund participation, and this will come to the HRA � 80II8ING � REDEVELOPMENT AUTHORITY MTG., DEC. 13, 1990 PAdE 7 for approval. The County is in the process of amending their plans. Ms. Dacy stated that Councilmember Steve Billings is quite concerned that when the new median is constructed down the middle of Mississippi Street, it will block the full traffic movement area where the frontage road now intersects with Mississippi. Councilmember Billings has received a lot of comments from the neighborhood expressing a need to get out of the neighborhood and be able to go both directions on Mississippi. The Council has instructed Mr. Flora to come up with a method to maintain some type of temporary access during construction and until the southwest quadrant can be developed. Ms. Dacy stated that also in process, staff is still working with Don Fitch, owner of the Dairy Queen, regarding the impact this has on his drive-through. A meeting was scheduled with Mr. Fitch last week, but he had to cancel that meeting. Another meeting has not yet been rescheduled. Staff will be working with Mr. Fitch on some type of temporary arrangement to maintain his drive-through ability. Ms. Dacy stated staff is proceeding with the appraisal on the n Dairy Queen to acquire that piece of property so that they can convey the necessary road easements back to the Anoka County for the improvements. After the property is acquired, they would then execute a lease agreement with Mr. Fitch to allow him to continue to operate his business. Al1 of these issues duould have to be approved by the HRA. Mr. Commers asked what is the HRA's responsibility in terms of the temporary road. Ms. Dacy stated the road costs will not be part of the HRA's costs. The HRA costs will be the landscaping and all the improvements that were part of the University Avenue Corridor proj ect. Mr. Burns stated the road costs are $20,000, and it is the City's responsibility. 9. STATUS OF PROPOSED FRIDLEY T06dN SOUARE DEVELOPMENT AGREEMENT• Mr. Burns stated there are two parts to this discussion. The first part is to include a Burger King drive-through as part of this development. The second part has to do with Jim Casserly's Equity Participation Agreement. ^ Ms. Dacy stated staff has scheduled a meeting with Scott Erickson for Tuesday, December 18, 1990, to look at all the potential impacts of this proposal. Mr. Erickson wants to ,.� HOOSING & REDEVELOPMENT AIITHORITY MTG., DEC. 13, 1990 PAGE 8 locate a Burger King at the west end of the building toward University Avenue. This particular Burger King tenant is the same owner that operates across University Avenue in the southwest quadrant now. They want to have a drive-through window at the rear of the building, and the traffic, as it enters the site, would have to go to the rear-end of the site, go around the rear of the building, customers would place their orders at the west end of the building, pick up their food, and then go all the way down to the Mississippi side and exit that entrance. Ms. Dacy stated staff has a number of concerns about the Burger King drive-through. Staff has advised Mr. Erickson that if he intends to pursue the drive-through, because it is a substantial change to the originally approved development plan by the Planning Commission, HRA, and Council, he will have to back through the process. The surrounding property owners would have to be renotified, a public hearing would be conducted by the Planning Commission, the HRA would review the new plan to see if it is consistent with its redevelopment objectives, and the Council would review it in terms of their rezoning decision. Ms. Dacy stated that the HRA might have to consider this as ^ early as the January meeting. Staff is very concerned about the traffic pattern because of the drive-through activity, the noise from the speaker box to take customers' orders, and the odors generated by the Burger King facility. The neighbors were also very concerned about these things. Mr. Commers stated he believed this proposed change would have a significant impact on Mr. Casserly's Equity Participation Agreement. Mr. Prairie asked if the HRA has ever seen a financial statement for the developer. He would be interested in knowinq the strength of the developer. Mr. Burns stated staff can have a financial statement available for the HRA at the January meeting. Mr. Burns stated that because of the HRA's high level of participation, which is around 10%, Mr. Casserly is recommending the HRA should expect to benefit in any windfall profit which the developer might make as a result of selling this project in the future. In order to do that, Mr. Casserly has developed an equity participation formula that is very similar to formulas used for multi-family housing projects that have been built in places like White Bear Lake, Shakopee, � Inver Grove Heights, North St. Paul, St. Paul, and Minneapolis. HOUSING & REDEVELOPMENT AUTHORITY MTG., DEC. 13, 1990 PAdE 9 ��� Mr. Burns stated that in order to arrive at the end result, which is the City's share in windfall profits, you first multiply the net appreciation of the project by the ratio of HRA equity participation to the developer's equity participation. In this case, the HRA's equity participation is $250,000. The developer's equity participation is $350,000. That ratio is 71% based on $250,000 to $350,000. As a result of negotiations between Mr. Casserly and Mr. Erickson, there is a minimum return to the HRA that is specified as $100,000 and a maximum return is specified as $250,000. There is also an agreement that there will be no sale of the proj ect by the developer until two years after the issuances of the certificate of occupancy. It is also agreed that the project will be sold by the end of the seventh year. If it is not sold by the end of the seventh year, then the HRA will retrieve its money based on an appraisal of the project at the end of the seventh year. So, again, the HRA's return is based on the current appraisal. Mr. Burns stated net appreciation is determined by looking at the sale price and then subtracting from the sale price the developer's investment, which is $350,000, and the developer's return on investment, which is anticipated at 15� per year. � Mr. Burns stated the idea is not necessarily that the HRA is an equity partner that shares equally in the profit. Staff realizes that the developer has taken much of the risk himself and is in the business of developing and deserves a reasonable cash on cash return. What the HRA is trying to ensure that if there is a windfall profit above and beyond the reasonable rate of return that the HRA participate in it, since the original participation was higher than normal. There is no sharing of any losses by the City. There is no participation in any negative situations. Mr. Commers stated that it seemed to him that at a minimum any excess payments that the HRA is making over their normal increment should come off first. The HRA has established a guideline in terms of what they will contribute to a project, and they have tried to enforce that guideline uniformly. If, in this proj ect, they are giving more than what they uniformly give, then he thought at least that portion should come back off before the developer gets all his profit and his return on investment. Mr. Commers stated that he wondered if the developer would be willing to give the HRA's investment back without any return on it; then take his return on investment and give the HRA some lesser amount in the appreciation. That then puts the ^ HRA more in the position of a mortgage, because it gives the HRA priority in the project before the devel�oper. � HOIISING & REDEVELOPMENT AUTHORITY MTG. DEC. 13, 1990 PAGE 10 Mr. Burns stated he will relay these comments and questions to Mr. Casserly so they can be addressed at the next meeting. This is strictly an informational item at this time. Mr. Commers stated the HRA should see the proformas put together for the shopping center. It would be interesting to see what the developer expects the projected income for the project to be 2-5 years from now. Mr. Burns stated Mr. Casserly has that information, and they will bring that to the January meeting. 10. OTHER BUSINESS: Mr. Burns stated that Ms. Dacy and he have been trying to assess all the HRA's projects; and as they do that, to develop their thoughts about the work program for the next few months. At the meeting, the HRA members had received a copy of the 1991 HRA workplan listing all the projects and some of the steps they are anticipating taking at the staff level in the near term future. This is for the HRA's review. Ms. Dacy stated the workplan is divided into three parts: Economic Development Activities the HRA has underway; Housing ^ issues, and Administration issues. She stated this workplan helps staff to organize their work tasks and, therefore, to organize the HRA's agendas and to make sure that things are done on time. ADJOURNMENT• MOTION by Ms. Schnabel, seconded by Mr. Prairie, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Commers declared the motion carried and the December 13, 1990, HRA meeting adjourned at 9:25 p.m. Res ctfully subm tted, � � yn Saba Recording Secretary r"'�