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CCM 11/23/2020 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 23, 2020 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Ostwald Councilmember Tillberry Councilmember Eggert Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Daniel Tienter, Finance Director/City Treasurer/City Clerk Scott Hickok, Community Development Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF CITY COUNCIL MINUTES: 1. City Council Meeting of November 9, 2020. APPROVED. 2. Board of Canvass Meeting of November 12, 2020. APPROVED. OLD BUSINESS: 3. Second Reading of Ordinance No. 1385 Renewing the Grant of a Franchise to Comcast of Arkansas/Louisiana/Minnesota/Mississippi/Tennessee, LLC, to Operate and Maintain a Cable System in the City of Fridley, Minnesota; Setting Forth Conditions Accompanying the Grant of Franchise; Providing for City Regulation and Administration of the Cable System; and Terminating Prior Franchise; and Adopt Official Title and Summary Ordinance No. 1385. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 2 ADOPTED ORDINANCE NO. 1385 AND OFFICIAL TITLE AND SUMMARY ORDINANCE. NEW BUSINESS: 4. Adopt Resolution No. 2020 – 71, Designating Precincts and Polling Locations for the 2021 Election Year. ADOPTED RESOLUTION NO. 2020 – 71. 5. Adopt Resolution No. 2020 – 73, Approving Water, Sanitary Sewer, Storm Water and Solid Waste Abatement Charges, Fees and Rates for 2021. ADOPTED RESOLUTION NO. 2020 - 73. 6. Adopt Resolution No. 2020 – 74, Approving Gifts, Donations and Sponsorships for the City of Fridley Received Between October 27, 2020, and November 23, 2020. ADOPTED RESOLUTION NO. 220 – 74. 7. Approve Final Plat, P.S. #20-03, by Roers Companies, to Replat the Property Located at 6530 University Avenue N.E. and, Adopt Resolution No. 2020 – 75, Approving Final Plat, P.S. #20-03 by Roers Companies, on Behalf of the Property Owner of 6530 University Avenue N.E., Roscoli Properties LLC (Ward 3). APPROVED FINAL PLAT, P.S. #20-03, BY ROERS COMPANIES AND ADOPTED RESOLUTION NO. 2020 – 75. 8. Approve Change Order No. 2 (FINAL) for the 2019 Street Rehabilitation Project No. 19-01. APPROVED. 9. Approve Employment Agreement between the City of Fridley and Walter Wysopal. APPROVED. 10. Claims: 190926 - 191058. APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 3 ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom adopting the proposed consent agenda. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 11. Public Hearing to Consider Approving a Housing Program to Finance a Multifamily Housing Project and the Issuance and Sale of Multifamily Housing Revenue Note (Series 2020) for the Fridley Station Village Project; and Adopt Resolution No. 2020 – 72, Approving a Housing Program to Finance a Multifamily Housing Project and Approving Issuance and Sale of Multifamily Housing Revenue Note (Fridley Station Village-URSA Project), Series 2020, Pursuant to Minnesota Statutes, Chapter 462C (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04 P.M. Daniel Tienter, Finance Director/City Treasurer/City Clerk, stated they can think of this as the third phase of the project--the affordable building. He said he was going to briefly go through the background of the history of the Station Village-URSA Project and talk about the specific section of the project that is subject to the conduit debt. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 4 Mr. Tienter stated in 2017, Sherman Associates began the redevelopment process for the site that existed at the Northstar Line Transit Station. Following a review by multiple agencies, including Anoka County, the Metropolitan Council, the Fridley Housing and Redevelopment Authority, and City staff, the Housing and Redevelopment Authority authorized the sale of land to Sherman Associates to begin the development of a three-phase project. Mr. Tienter stated in 2019, the City of Fridley formally received a request from Sherman Associates to issue up to $19.7 million of conduit bonds. This is reflected in the language that is included in the resolution in the Council’s packet for the acquisition of a 73-unit low to moderate income housing facility. Mr. Tienter stated on July 22, 2019, the City Council provided its preliminary approval; and there is a bit of a lapse of time because Sherman Associates went through four attempts to get a tax-exempt bonding allocation from the State of Minnesota. Essentially there is a pool that exists at the State level to award tax exempt bonding allocations which give the City the opportunity to issue the bonds and the note. It is a very competitive process, which is why Sherman had to go through multiple reiterations and eventually was rewarded priority status in the process and got the allocation on its fourth attempt. Mr. Tienter stated that action on July 22, 2019, authorized the City Manager at such a time if Sherman Associates was to receive its tax-exempt allocation to call a public hearing. On November 6, the City Manager called for the public hearing and a 15-day notice was published in the City’s official newspaper to consider the issuance and sale of a multi-family housing revenue note of up to $11 million. The difference has to do with an evolution of the project but also the amount of the tax-exempt allocation the City received for the bonding. Mr. Tienter said the project is very similar in the style of the two phases that are currently under construction on site, and it mirrors what Council reviewed in July of last year. There is a slightly more efficient layout, so it has increased from 72 units to 73 units. Mr. Tienter stated as to conduit debt, Minnesota Chapter 462C and certain sections of the Internal Revenue Code allow the City to issue revenue obligations to finance qualifying improvements. In this case, it is for a multi-family housing development that is geared toward an affordable program for low- and moderate-income households. For this arrangement, the City will issue and sell what is called a Multi-Family Housing Revenue Note Series 2020 (“Note”). This Note can be used by a for-profit entity to construct multi-family housing for parties who meet a predetermined age or income qualifications. In this case, it is the latter, and there is a housing program attached to the resolution that outlines the various rents that would be charged as an affordable rate to certain size households. Mr. Tienter stated revenues are then derived from the qualifying organization (in this case a multi-family housing facility) so the rents and other charges essentially are used to pay the debt that has been issued by the City and the lender. The Note does not constitute a debt of the City, and the City has no financial obligation whatsoever and will not be involved in the servicing of the debt. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 5 Mr. Tienter said the City would issue the note and enter into a loan agreement and a mortgage with Sherman as the borrower. The City then assigns that loan and the mortgage to the lender (in this case Cedar Rapids Bank & Trust). The borrower and lender enter into a purchase agreement, and all the payments between the loan go between the borrower and lender. This does not represent all of the agreements made among the parties. In fact, if they looked at the index for this particular deal, there are more than 100 separate agreements and documents that underpin the financing related to this development. It is a complicated financial package. There are several documents including the Note, note security, bridge loans, taxable loans, TIF loans, closing documents, legal opinions, and other miscellaneous documents. Mr. Tienter stated seven of these documents which are relevant to the final resolution offered tonight were submitted last week for Council’s review. The principal will be about $10.7 million. It has an anticipated term of about 40 years. There are two interest rates attached to this loan, and they are both variable rates. The first is a 3.5 interest rate which is the prime rate plus 2.5 percent; and that will be for interim draws or advances on the Note. Eventually, the Note will be converted, and the servicer will then begin paying on the Note itself. Mr. Tienter stated it is a negotiated sale. It is tax exempt; and it has not been qualified. The lender in this particular deal is Cedar Rapids Bank & Trust Company, which is the preferred lender of the borrower. Mr. Tienter stated the multi-family housing revenue Note makes up the balance of the financing for the project followed by syndication proceeds which they can think of as low-income housing tax credits. The developer is waiting to take some of their fee in order to finance the project; and then the HRA is involved with a TIF note, a deferred loan, and a deferred loan on the land. The TIF note will be issued as a limited revenue tax increment note, typical to deals the HRA has offered in other TIF districts. There is a promissory note that will be paid over 17 years based on the net cash flow of the project at 2 percent. The deferred land loan is a purchase price loan that will be paid over 30 years at no interest to the borrower. Ultimately the funds are just under $21.7 million. For the uses, construction makes up the balance of the use, followed by development services, financing services, and professional services. Mr. Tienter stated assuming approval of the sale and issuance of the Note this evening, early next month they will obtain the signatures for the various documents and then later in that same month they will close on the Note, transfer funds, and begin construction. The targeted closing date for the Note is December 18, 2020; and as a direct placement to a qualified lender, the Note does not receive any type of credit rating. Mr. Tienter stated staff recommends Council adopt Resolution No. 2020-72 which accomplishes the issuance and sale of the Note in an amount not to exceed $10,680,175. It also authorizes the City Manager and staff to execute many of the various documents related to the project. There is a revised Resolution No. 2020-72, which contains only one modification to the resolution itself which is in Section (E). The earlier resolution included in the packet discusses favorable comment from the Metropolitan Council when in fact before the meeting tonight they have received “no comment” from the Metropolitan Council, so the resolution has been revised to reflect that remark. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 6 Mayor Lund asked what the percentage was for the financing. Mr. Tienter replied there are two interest rates associated with the Note at this time. The first is essentially characterized as an interim rate on the draws against the Note to accomplish construction, and then later the Note outlines a conversion where eventually they begin to service the debt and the rate changes based on the formula outlined in the Note itself. MOTION by Councilmember Bolkcom to move the revised Resolution No. 2020 - 72 into the record. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tienter stated a representative of the developer could not be present this evening because of the Coronavirus, and they did provide a written statement which they would like him to read into the record as follows: Thank you, Mayor Lund and councilmembers, for your time today. We appreciate the partnership between Sherman & Associates and the City of Fridley to make Station Village a reality. We are just one month away from the opening of a 95-unit market rate apartment building and moving in residents. Additionally, the 107-unit senior apartment building is on schedule to be completed in April. We are excited to begin construction on a 73-unit of mixed income units for the third and final building. In July, we were awarded a bonding allocation by the Minnesota Housing Finance Agency and approval of those bonds is before you today. The bond financing enables this third building to provide affordable housing options as part of the overall project at Station Village. The financing tools allows us to cap the rents so they are affordable to families at 60 percent at area median income. Our history in constructing and managing both market rate and affordable housing stretches back 40 years. The proposed building has a two and three-bedroom options for families and other buildings at Station Village. It features a club room, fitness room, onsite laundry, and outdoor play structures to serve the residents. We will provide a high level of quality by using the same architecture and construction team that is currently underway on the market rate and senior buildings. Again, we are very excited to work on the third and final building to complete the vision for Station Village and bring so many diverse and high-quality housing options to the City of Fridley at this important site. Thank you for your consideration. Sincerely, Dillon O’Brien, Building Associate. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:18 P.M. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 7 MOTION by Councilmember Bolkcom to adopt the revised Resolution No. 2020 – 72. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Eggert stated people are very interested in establishing new low-income housing. Here before them they saw the example of the amount of effort it takes to put one of these projects together. Not only by the development team in trying four times with the State but also to bring together the financing and to make all the numbers work. The mixed-use project had a nice piece here for a low-income project. He asked Scott Hickok to update them on the status of the project. Scott Hickok, Community Development Director, replied the construction on this has gone very well. He goes to the project on Thursday mornings and takes photos as the development has evolved. They are very fortunate because the developers have selected really good architects. In terms of occupancy they are about a month away from occupying the first building. In the first quarter of 2021 the second building will be occupied. They are very excited for the timing of that third building because they certainly have done a nice job with this project. NEW BUSINESS: 12. Approve 2021 Agreement for Residential Recycling Program Between the City of Fridley and the County of Anoka. Mr. Hickok, Community Development Director, this is a very successful program. The are many environmental benefits, one being that it takes 95 percent less energy to make an aluminum can from recycled material than new material. He said annual recycling in Minnesota reduces greenhouse gases comparable to 1.3 million cars off the road, there are over 60,000 jobs are created through the recycling efforts, and $15.7 billion is added to the Minnesota economy. Mr. Hickok stated there is a statute requirement for recycling. Minnesota Statutes Chapter 115A requires that through your programs and through SCORE funds that are distributed to the counties, that there be programs to recycle and to reduce the amount of materials that go into the waste stream. In Fridley, there is a base funding that is made up of a formula of $10,000 up front plus $5 per household. That total and the base funding is $70,665. There is drop-off funding the City gets because of the drop-offs it does, and that is $15,000. General enhancements the City does in its program, a dollar per household, is $12,133. That is a subtotal of $109,931. The City gets an additional $20,000 enhancement for its organics program. That brings the City to $129,931 overall in its funding. Curbside recycling in Fridley, 80 percent household participation in 2020. That is very good by comparison to the other metro cities. It is at least as good or if not better than most. It is over 160 tons or 325,000 pounds of recycling per month. All recyclables collected are being recycled. Mr. Hickok said organics recycling is a new and growing program. In September there were 240 participants, and they kept more than 6 tons of organic waste out of the landfill per month or FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 8 600 pounds per person per year. They are in the midst of a November promotion that would allow 3 months of free organics recycling. It was a volunteer program. There was a cost to the individuals but to get in it now, there is a 3-months free program currently being offered. Mr. Hickok stated moving the drop-offs to Green Lights Recycling has been a very successful venture. Green Lights has been very careful to keep the proper PPE on and to keep the recycling program for these larger bulkier items happening in spite of COVID. Mr. Hickok stated education outreach materials have made the City’s program very successful, and there is also staff time that gets recovered and costs recovered partially through the grants as they are given. Mr. Hickok stated it is staffs’ recommendation for the Council to approve the 2021 Recycling Grant Agreement with Anoka County. MOTION by Councilmember Eggert to approve the 2021 Agreement for Residential Recycling Program Between the City of Fridley and the County of Anoka. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Reports: There were no reports. ADJOURN: MOTION by Councilmember Ostwald, seconded by Councilmember Eggert, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:37 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor