HomeMy WebLinkAboutMay 31, 1994 Work SessionCITY OF COLUMBIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878
(612) 782-2800
Mayor
Joseph Sturdevant
Councilmembers
Donald G. Jolly
Bruce G. Nawrocki
Gary' L. Peterson
Robert W. Ruettimann
City Manager
Patrick Hentges
NOTICE OF OFFICIAL MF~F~TING
Notice ~ hereby ~ven ~t ~ offi~ m~g
~ m ~ held ~ ~e
Ci~ of ~1~ Hci~
~ foHow~
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
MAYOR, CITY COUNCIL, AND CITY MANAGER
TUESDAY, MAY 31, 1994
7P.M.
CITY HALL CONFERENCE ROOM
WORK SESSION
AGENDA
1. ACCAP Leasehold Cooperative Request
2. City Attorney Contract
3. 1995 Budget Resolution
4. Report back on Fire Pumper Specifications
5. Discuss HRA Staff Consolidation
6. Adjournment
The City of Columbia Heights does not discriminate on the basis of disability in the
admission or access to, or treatment or employment in, its services, programs, or
activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at
782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only)
"SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS
OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
CITY COUNCIL LETTER
Heeting of: Nay 23, 1994
~GENDA SECTION = ORDINANCES & KESOLUTIONS ORIGINATING DEPARTW~.NT: CITY HANAGER' S
APPROVAL
JIF. H, ACCAP LEASEHOLD COOP. TAX STATUS BY: P. HENTGES BY:
iO: 6. C. DATE: 5-19-94 DATEs
~)uncilmember Jolly arranged a ~g
consideration of the Leasehold Cooperative Desisnation of 3932 Central Avenue (Theatre HeiShts
~?artments). As the Council recalls, no effective action was taken on this item at the last
B,~eting as a number of motions were not sustained as a result of a 2-2 deadlock vote.
At the meeting, ACCAP presented a further clarification on the use of funding obtained from
a homestead tax desiKnation for the project. ACCAP emphasizes that many of the hnprovements
t.~ be undertaken are items that will be in need of eventual replacement under the City'f-
H.~using Naintenance Code. Further, ACCAPexplainedthe financing structure fort he building.
Up to this point, the actual sources of funding for the project were not entirely clear to
City officials.
The basic issue under consideration by the City Council is a finding of fact that the proposed
project is consistent with all of the following findings within state law=
1) That the granting of the homestead treatment of the 22-unit apartment building will
facilitate safe, clean, affordable housing for the cooperative members that would
otherwise not be available absent the homestead desisnation for this property;
2) That ACCAPhas presented information satisfactory to the Columbia Heights City Council
shoving that the saving8 8aruered from the homestead desiKnation of the units rill be
used to reduce the tenant's rents or provide a level of furnishings or maintenance not
possible absent the desisnation; and
3) That the requirements of paragraphs (b), (d), and (i) of H!nnesota statutes Section
273.124, Subd. 6 have been met by ACCAP (see attached copy of State Law); and
4) That the Nayor and City Hanager are directed to enter into a development contract (as
attached Exhibit A) regarding the operation of the leasehold cooperative located at
3932 Central Avenue.
Iff the Council is uncomfortable with the information or does not understand the hnpact of the
project, an'alternative is to refer this matter to work session or essentially take no action
on the item until the information is properly presented by ACCAP. Of course, there is some
obligation on the part of the City to advise ACCAP as to what information needs to be
(:larified.
RECOHHENDED HOTION: Hove to waive the reading oft he resolution, there being ample copies
available to the public.
ALTERNATIVE HOTION= Hove approval of Resolution 94- , Resolution of the City Council
of the City of Columbia Neisht8 Granting Homestead Classification to the Property Located at
:~932 Central Avenue and Authorization to Enter into Development Contract Regarding the Same.
ALTERNATIVE HOTION: Hove to deny homestead classification to the property located at 3932
Central Avenue, as information is ~nadequate.
ALTERNATIVE HOTION: Hove to table Resolution 94- , Resolution of the City Council of
the City of Columbia Heights Granting Homestead Classification to the Property Located at 3932
Central Avenue and Authorization to Enter into Development Contract Regarding the Same, and
refer discussion to work session of Tuesday, Hay 31, at 7 P..H.
ALTERNATIVE HOTION: Take no action on the resolution; however, specify to ACCAP what
information needs to be further clarified.
COUNCIL ACTION:
RESOLUTION 94-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS
GRANTING HOMESTEAD CLASSIFICATION TO THE PROPERTY
LOCATED AT 3932 CENTRAL AVENUE AND AUTHORIZATION TO ENTER INTO
DE~IOP~NT CONTRACT RF. GARDING THE SAMF_
WHEREAS, Anoka County Community Action Program, Inc. (ACCAP), an experienced nonprofit corporation
and real property manager, has purchased a 22-unit apartment building in the City of columbia Heights at 3932
Central Avenue.
WHEREAS, pursuant to paragraph (j) of Minnesota Statutes Section 2'/3.124, subd. 6, ACCAP has applied to the
City C.0uncil of the City of Columbia Heights to make certain findings with respect to that property now owned
by ACCAP.
NOW, THEREFORE, BE IT RESOLVED, by thc City Council of the City of Columbia Heights, Anoka County,
Minnesota, as follows:
That the City Council for thc City of Columbia Heights, after holding a public hearing to determine
whether ACCAP, the owner of an apartment building located at 3932 Central Avenue, Columbia Heights,
Minnesota, has submitted sufficient evidence regarding whether this property should receive homestead
classification under Minnesota Statutes Section 273.124, subd. 6 (j), hereby make the following findings:
(1) That the granting of the homestead treatment of the 22-unlt apartment building will facilitate
safe, clean, affordable housing for the cooperative members that would otherwise not be available
absent the homestead designation for this property;
(2) That ACCAP has presented information satisfactory to the Columbia Heights City Council
showing that the savings garnered from the homestead designation of the units will be used to
reduce the tenant's rents or provide a level of furnishing or maintenance not possible absent the
designation; and
(3) That the requirements of paragraphs (b), (d), and (i) of Minnesota Statutes Section 273.124, subd.
6 have been met by ACCAP.
(4) That the Mayor and City Manager are directed to enter into a development contract (as attached
Exhibit A) regarding the operation of the leasehold cooperative of the property located at 3932
Central Avenue.
Passed the day of ,1994.
Offered by:
Seconded by:
Roll Call:
Joseph Sturdevan~Mayor
Jo-Anne Student, Secretary to the Council
Mr. Pat Hentges
City Manager
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, Minnesota
55421
Leasehold Cooperative Status
Theater Heights Apartments
3932 Central Avenue N.E.
Dear Mr. Hentges:
! am writing tO request that the City Council re-examine our request fbr the necessary findings
to facilitate leasehold cooperative.tax status on the above referenced property. I understand from
our conversation that this action could be scheduled for your May. 23, I994 meeting. ACCAP
staff will be in attendance to answer any questions at that time.
Pat, you raised two (2) questions during our telephone conversation and I. thought a written
response might be helpful for you and the Council members.
I. Are the proposed improvements ail really necessary at this time?
The proposed improvements are designed with a look toward the long term maintenance
and condition of this property. We do not want to restrict the worl( to only the
immediate pressing problems as this does nothing but bring the building up to minimum
livability standards. Our proposal is designed to bring the building to a standard that
would reflect positively on the City of Columbia Heights, ACCAP and our tenants. This
standard is not possible without the leasehold cooperative status.
2. What will be the disposition of any "profit" from the operation of this building?
Any excess operating income will be used to, insure that we can maintain affordable
rents,, complete necessary 'and desirable improvements and to egtablish a reserve for
replacement fund.
As you are aware, the net impact of the leasehold cooperative tax status is that without your
AN EQUAL OPPORTUNITY EMPLOYER
approval, we will need to reduce our proposed renovation plans by $50,000. The cheapening
of this project will be visible at this project on a long term basis. Our contractor is currently
on the job and we are proceeding on the net impact of denial from the City of Columbia
Heights. If the City Council is open to revisit our request, it would be most helpful and
appreciated, but it is important to recogniTe that we have a small window of opportunity to act
while we can still effectively modify our construction activities.
We are attempting to set up a meeting with the Mayor prior to this Council meetinE. Thank you
for your cooperation and your efforts to work together in addressing the needs of our residents.
Executive Director
PM/ch
ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC.
I as ifit were homestead
I;idence;
[.he ad valorem property
[t a land lease; and
anding the fact that the
intervals.
[one or more dwellings,
I,its, are owned by a cot-
[ eh person who owns a
occupy a dwelling, or
may claim homestead
· lng ..~.ntaining several
~ building occupied by
2escription or number,
ment under this subdi.
ted, nor more than 80
ngs containing several
respective units com.
subdivision, the cor-
'~g a right to occupy a
a. ^ charitable corpo-
;e exempt thereunder
:h respect to member
idential participation
ufactured home park
308A, and each per-
is entitled to occupy
iome.stead treatment
t by legal description
'land for each home-
I as if it were home-
nee;
id valorem property
.'lure either directly,
8A is wholly owned
)n or association.
:a with no outstand-
O I (eX3) tax-exempt
idents ofthe manu-
entitling them to
g several dwelling
~ting as a nonprofit
~ under which they
classification must
sessed in the
~rations.
g several dwelling
fchapter 80D and
enis with persons
vim occupy a unit in the building and the residency agreement entitles the resident to
occupancy in the building after personal assets are exhausted and regardless of ability
W pay the monthly m~intenance fee, homestead classification~halI be given lo each unit
so occupied and the entire building shall be assessed in the m_~ner provided in subdivi-
sion 3 for cooperatives and charitable corporations.
Subd. 6. l.easehold cooperatives. When one or more dwellings or one or more
buildings which each contain several dwelling units is owned by a nonprofit corporation
subject to the provisions of chapter 317A and qualifying under section 501(cX3) or
50I(cX4) of the Internal Revenue Code of 1986, ~ amended through December 31,
1990, or a limited partnership which corporation or partnership operates the property
in conjunction with a cooperative association, and has received public financing, home-
stead treatment may be claimed by the cooperative association on behalf of the mem-
bers of the cooperativ~ for each dwelling unit occupied by a member of the cooperative.
The cooperative association must provide the assessor with the social security numbers
of those members. To qualify for the treatment provided by this subdivision, the fol-
lowing conditions must be met:
(a) the cooperative association must be organized under chapter 308A and all vot-
ing members of the board of directors must be resident tenants of the cooperative and
must..be elected by the resident tenants of the cooperative;
/. co) .at!o? must.hav_ a leas rot o pancy or the roperty for
B zu the cooperat,ve as=lation, while not in
~.~c~tuj on me l .e.e.e.e~, to pamc~pate materially in the management of the propert ,
{al ~l~:lUalng material pal'lJci tion ines ' · · Y
d supervising a man:~, pa a~ .tablishmg budgets, setting rent levels, and hiring
__ .ement -oent,
t----(c) to the extent pernutted under state or federal law, the cooperative assodation
must have a right under a written a/reement w/th the owner to purchase the property
if the owner proposes to sell it; if the cooperative association does not purchase the
property it is ofl'ered for sale, the owner may not subsequently sell the property to
another purchaser at a price lower than the price at which it was offered for sale to the
. coope..rative assodation unless the cooperative as.sochtion approves the sale;
(d) a minimum of 40 percent ofthe cooperative association's members
incomes at or Iess than 60 '"'me", ~r ........ . must have
United ~ ,,,_.,?. ,,, ~ mealan sross_mcome as aetermined by the
States Secretary of Housing and Urban Develo ment u ·
142id× × ) ofthe nternal Revenue Code of 19S ......... . !der sFt,.o.n
19 . ,, , ,.-- mzwuuco Iarougtl December
.9!.. For p.url~.ses o_f this clause, member income" means the incom~_ ,~r
{~s~mg at the tune the member acquires cooperative membership; ....... " .....
(e) ifa limited partnership owns the property, it must include as the managing gen-
eral partner a nonprofit organization operating under the provisions of chapter 317A
and qualifying under section 501(cX3) or $01(c×4) of the Internal Revenue Code of
1986, as amended through December 3 I, 1990, and the limited partnership agreement
must provide that the m~n~ ~, eneral
· ?~ug g partner have sufficient powers so that it materi-
ally participates in the m*,~_gcment and control of the limited partnership;
(f) prior to becoming a member ora leasehold cooperative described in this subdi-
vision, ~ person must have received notice that (I) describes leasehold cooperative
property in plain language, including but not limited to the effects of classification
under this subdivision on rents, property taxes and lax credits or refunds, and operating
expenses, and (2) states that copies of the articles of incorporation and bylaws of the
cooperative association, the lease between the owner and the cooperative association,
~ sample sublease between the cooperative ar, sociation and a tenant, and, if the owner
is t partnership, a copy of the limited partnership agreement, can be obtained upon
written request at no charlte from the owner, and the owner must send or deliver the
materials within seven days after receiving any request;
(g) ifa dwelling unit ora building was occupied on the 60th day prior to the date
on which the unit became leasehold cooperative property described in this subdivision,
the notice described in paragraph (f) must have been sent by first class mail to the occu-
pant ofthe unit at least 60 days prior to the date on which the unit became leasehold
273.124 TAXES; LISTING, ASSESSMENT
1096
cooperative property. For purposes of the notice under this parap~ph, the copies of the
documents referred to in paragraph (0 may be in proposed version, provided that any
subsequent material alteration of those documents made after the occupant las
requested · copy shall be disclosed to any occupant who has requested · copy of the
document. Copies of the articles of incorporation and certificate of fim~ted partne~xip
dudl be filed with the secretary of state after the expiration of the 60-day period unless
the chanse to leasehold cooperative status does not proceed;
CO) the county attorney of·he county in which the property is located must certify
to the assessor that the property meets the requirements of this subdivision;
~) the public financins received must be from at least one of the followin8 sources:
(1) tax increment fLuancins proceeds used for the m:quisition or rehbilitation of
the buiMinS or interest rate write-dom rehtins to the acquisition of the buildin8;
(2) Sovermnent issued bonds exempt From taxes under section 103 of the Internal
Revenue Code of 1986, as mended throush December 31, 1991, thc proceeds of which
are used for the acquisition or rehabilitation of the buildin~
(3) pros~ms under section 22 l(dX3~ 202, or 236, of Title II of·he National Hous-
(4) rental housing propum Funds under Section 8 of the United States Honsin~
Act of 1937 or the market rate family plduated payment mortsaSe proj3mn funds
· dministered b), thc Minnesota hous~ fll~nce ~ tho! Lre used for the ·cqu~si~ion
or rehabilitation of the buildi~
(5) iow-income housins credit under section 42 of the Internal Revenue Code of
1986, as amended throush December 31, 1991;
(6) public financing provided by a local government used for the acquisition or
rehabilitation of the buUdinL including sr~lts OF loans From (i) federal community
development block pants; (ii) HOME block punts; or (iii) residential rental bonds
issued under chapter 474A; or
(7) other rental housing pm82~m funds provided by the Minnesota housin8
finance qency for thc acquisition or rehabilitation of thc building;
'" (j) at the time of the initial request for homestead classification or of any transfer
of ownership of the property, the governi~ body of thc municipality in which the prop-
erty is located must hold · public he·FinS and make the followins fmdinss:
(1) that thc pa·tin8 of the homestead trutment of the apartment's units will facil-
itate safe, clean, affordable housi~ for the cooperative members that would otherwise
not be available absent thc homestead desipmtion;
(2) that the owner has presented information satisfactory to the Sovernin.~ body
showins that thc sari·ss sarnered From the homestead desipmtion of the units will be
used to reduce tenant's rents or provide · level of fumishi~ or maintemmce not possi-
ble absent the desisnation; and
(3) that the requirements of pa~tSraph (b), (d), and (i) have been met.
Homestead treatment must be afforded to units occupied by members of the coop-
er·tire association and the units must be assessed as provided in subdivision 3, pro-
v~ded that any unit not so occupied sludl be classified and assessed pursuant to the
appropriate class. No more than three acres of land may, for assessment purposes, be
included with each dwelling unit that qualifies for homestead tremment under this sub-
division.
.-
Sub(L 7. Leased haiidinp er hid. For purposes of class I dc~..~insfions, home-
steads include:
(a) buiidi~s and appurtenances owned and used by the occupant as · lxTmanent
residence which arc located upon land the title to which is vested in · pe~on or entity
other than the occupam; .. ..
CO) all buildings and appuflenanc~ local! upon land owned I~y the oCCUpant ~nd
used for the proposes of · homestead together' with the land upon which they ~re
located, if all of the following'criteria are me~ '.
!(~7
(I) the occupant is
(2) the occupant is
apl·st the property,
(3) the occupant h:
and appurtenances; '
(4) the term of the
(5) the occupant
erty was purchased by:
county assessor, o; the.
section 273.063, in
occupyins thc building
Subd. 8. Homestes
il~ farm corporation
lb under section 273.1.
homestead occupied by
actively ensaged in
Homestead treatment
potation or paflnershi~
the number of allowai
exceed 12.
Co) In addition to~
by corporations or pa~.~
tural land and occuple
ensqed in farming on
as class 2a property or
~raph Co), but the prol~
land surrounding the h(
the use of the dwellin8
be located on it.
Subd.' 9. Homestm
used for the purpose o
the purpose of a home.
Any taxpayer mere
asSesSOF, Of the asSe~
273.063, in writing,
this subdivision. The
that is partially homest
stend by June 1 ofay~
their assessment and ta
vided in this subdivisi,
If homestead class:
will chssify the prope~
payable in the followin!
this subdivision, which
entitled to receive horn
375.192.
county no later than
ment to file an applica
Subd. 10. Real es
chased for occupancy a
chaser is prevented fro~
by reason of federal m
by an~ between the 0£t¥ o~ Co~ Ho~gh~ ('C~C~)~' -a~
Counc~ Commun£~¥ ncc£on P~ogxam~ Znc,, ~ Hinmoo~a non~o~t
~ITNE~SETHt
~, the Developer £~ the owner o= ]2-unit apartment
building located at 3932 Cent=al Avonu, in Columbia Height.,
MAnn, uo= . which ~ . legal description o~ Lots 12, 13 m~d 1.%,
Block 62, .Columbia Heights A~nox to Minn~apolil, Anok~ County,
M~r.~ooOC~", A~tok~ CotMat~, Ml~oSotu.
~REAS, the Developer
purpose o~ providing
peroo~ in Anok= County, Minn~o~a.
tncom~u ~ha~ need good ~ffo=dabl, housing.
WHEREAS, Minnt0ot. ~Cntut~ ~oecton ~3.12~(6) provides that
M£nne~ota nonprof~ corporation can receive homestead ~ax
=r~atmen~ for a property thnt h~ ~c~oehold coopera~iv=
ostablishe~. Th= Developer i ~o~fng to ~htain homestead tax
~eatmen~ under thi, Minn~ot~ otatut~.
m.~, Minnesot~ ~atut¢ Sec=ion ~.12~(6) C~) providss
th. ~ovarnin~ bo~y of the municipality in which the property i.
located must hole public hearing and w~ke ~o=~ain zindingu.
~%?J~, ~hu City has agr~ed thn= it will m ak. t~o~m finding~
~uruuant to th~ stntut~ if =h~ Developer agree~ =o the ~ullo~ing~
Thac ~e Developer ~ill limit thc housing within ~hi
Thac ~heDeveloper wil~ ~iv. ~igh~ oz =i=n~ =~£u, al to
Chk ooopora~ivem~mbe~ to puruh~ ~h¢ bu£1~£~ ~ et
p=ic. on~O~venient terms.
Th=t th~Duvulopar will m ak._ lmprovamanc~ ur r~ducurent~
with th, monit tha~ it ie -~v~ng by ~oooivin~ the
NOW, ~~J~, in consideration OE the mutual covenants
expr= ed huroin, it i, hereby mgraad ~. follc~.~t
i
Thm~ tho IMveloper end t~e .C~.t¥ mgree that the eu~fent
bec~ ~rn of the
o~ t~ ~~at~ve m~ld ~ llmite~ to a ~oup
co~et~ng o~ a~ ~rlo~ ~r ~hm age of 50 ~/o~ any
~~ with a ph~iaal
That the Developer shall, u parc ~£ tho Mentor ldaoe
with ~he e~rat/~ ao~oc&~on ~~ ~u~ tho
~haoo o~ ~ho p~Y ~ ~he ~ro~ ~ur
proper~y, Vlus ~he ~st o~ l~r~ts to t~e
pro~r~y, pl~ o~er euh deflei~o ~ed by ~e
~veA~r, loom oaoh vteh~a~ ~ the ~el~er.
That the Developer agrees that the
the rece~p~ o£ houeetead tax treatment
reduce rents, and to kemp the property m.s. ln. ta~n. ea 2.n. a
high standard. ~pon the written request o~ ~ne City, tile
Developer will apply ~ho ~ex
percent (50%) to providing add4~Lonal fun_do for
renovation and f~£ty percon, t (SOt) to reducing the rent
oZ qua~i~ied oen~oro and d~eaBled
Thin Agreeumn2 oh~ll be binding on the eucoeeeoro and Besiege
of the par~Le0.
S~gnod and executed b~ ~he parties here~o on th~e
__, ~9~4,
CITY:
O~[t~Y OF COL~4BIA KEZGH~8
~tty Cleg~ xt.,
ACTIOn. PRDGRAM,
.:
i u ~t~h;'2B01
~t'AT~ OF ~INN~S0TA )
)
COUNTY OF )
~TATE OF MINNBBOTA )
COUNTY 0~
THIS INSTRUMENT ~AS DRM~gD BYt
~mJa~, o~z¥ & STE~, LTD.
&O0 N~rthtow~ ~nnneial Pl~tz~
200 Coon Rapi~ S~10var~
Mt~ea~lis, ~ 5543~
THEATER HEXGHTS
1994 Assessed Value of build~ng
MaxiJium increase ~n budget pOll~ble
Mew r~ova~ bu~e~ v~th Mntud t~on
U--hlan~tiOn of ~J~ aerate.
X994 mm~&lma~ed ~&xet payable hommmtemd
Less additAonaX pa~t to city
Hot reduction ~n taxes
Avi~l~le for
JLddit~onal debt possible with reduced taxes
Additional debt possible end
Additional reduced rent for meniorm and dimeblmd
$328,200.00
$150,000.00
S S0,000.00
$200,000.00
11,421.67
4.278.00
7,143.67
1.410.21
5,733.45
4,985,00
$ 49,850.00
$ 27,940.00
$ 2,520.00
~ ,,~ ,RNOKA COUNT',' COMn/iUNITY ACTION PROGRAM, INC.
I 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TTY 783.4724
~c~
Theater Heights
3932 Central Avenue NE
Columbia Heights, MN
Proposed Funding Plan
May 9, 1994
Expense~
Acquisition
Basic/Minimum
Rehabilitation
Recommended Additions
Contingency
MAY I ~ 199,~.
CITY OF COL.;.,/ ....... ""~:TS
$337,000
150,000
45,000
5,000
$537,000
Revenue
HUD Rental
Rehabilitation Grant Loan
MFHA Housing Trust Fund Loan
Federal Home Loan Bank
Board Loan
Anoka County CDBG Loan
ACCAP Investment
MHFA End Loan
TOTAL
$ 75,000
50,000
75,000
185,000
22,000
130,000
$537,000
This report is based on our investment of all leasehold cooperative tax
savings into proposed building improvements.
AN EQUAL OPPORTUNITY EMPLOYER
1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · 'CI-Y 783-4724
May 5, 1994
Mr. Pat Hcntges
City Manager
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, Minnesota
55421
Leasehold Cooperative Status
Theater Heights Apartments
3932 Central Avenue N.E.
Dear Mr. Hentges:
I am writing to request that the City Council re-examine our request for the necessary findings
to facilitate leasehold cooperative tax status on the above referenced property. I understand from
our conversation that this action could be scheduled for your May 23, 1994 meeting. ACCAP
staff will be in attendance to answer any questions at that time.
Pat, you raised two (2) questions during our telephone conversation and I. thought a written
response might be helpful for you and the Council members.
1. Are the proposed improvements all really necessary at this time?
The proposed improvements are designed with a look toward the long term maintenance
and condition of this property. We do not want to restrict the work to only the
immediate pressing problems as this does nothing but bring the building up to minimum
livability standards. Our proposal is designed to bring the building to a standard that
would reflect positively on thc City of Columbia Heights, ACCAP and our tenants. This
standard is not possible without thc leasehold cooperative status.
2. What will be the disposition of any "profit" from the operation of this building?
Any excess operating income will be used to insure that we can maintain affordable
rents, complete necessary and desirable improvements and to establish a reserve for
replacement fund.
As you are aware, the net impact of the leasehold cooperative tax status is that without your
approval, we will need to reduce our proposed renovation plans by $50,000. The cheapening
of this project will be visible at this project on a long term basis. Our contractor is currently
on the job and we are proceeding on the net impact of denial from the City of Columbia
Heights. If the City Council is open to revisit our request, it would be most helpful and
appreciated, but it is important to recognize that we have a small window of opportunity to act.
while we can still effectively modify our construction activities.
We are attempting to set up a meeting with the Mayor prior to this Council meeting. Thank you
for your cooperation and your efforts to work together in addressing the needs of our residents.
Sincerely,
Executive Director
PM/ch
ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC.
1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TTY 783-472
STRUCTURE
Theater Heights
3932 Central Avenue NE
Columbia Heights, MN
May 9, 1994
RENTS WITH
NO RENT
ORIGINAL REDUCTION RF2qT WITH
RENTS AS FROM $2520.00 RENT
BUILDING LEASEHOLD REDUCTION
PROPOSED WAS COOPERATIVE FROM TAX
RENTS PURCHASED TAX SAVINGS SAVINGS
1 BR Unit 375 280 280
Efficiency 300 255 255
1 BR unit, low 375 280 260
income
elderly/disabled
Efficiency, low 300 255 235
iacome
elderly/disabled
AlU I=t'~l IAI I'~PPt~JPiTI IIUIT~ I::MPl
TO 97822801 Po~
CITY O_F COLUMBIA HEIG_HT$ ~
...... *'," "~ ' ~~~"'"" AV~::'~i~ '" "'"~"'""~:""'""~ ....... ' ' '
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"SERVICE IS OUR BUSINESS"
)932 Central Av~, 35 30 2~ ~1 0073
Ta,.es Payab_le
2,601o~G COUNTY
1,992.h3 CITY
li.138.~9 TOTAL
The obove estimated taxes payable
T.x= Payable In 1993 ~nd 1994 ~re Title 11
E~stlmated_ _ Payablu 199~ ~9~
$ 6,070,95
2,624.53
2,25q.72
11,~21.67
In 199q are based on a value of $328,200 of which
$292,G00 1'. at Title II rate and~5,600 I, at apartment rats.
If the value of $328,200 w.
199q would be:
SCHOOL
COUNTY
CITY
TOTAL
t~xed at the apartment rat=, the £STIHAT£D ta;. payabl~ tn
$ 7,263.29
3,Iq9.oo
2,697.5q
13,66q.89 ESTII~TED
If th~ w lu¢ of $328,200 was t, :od at the home..tuadad v~lut baeauj~ of each of the
unltt met the qualification of cooperative membership ~nd lncome~ the ESTIHATED
payable ~ould be $~,278.
Other Tit1, 11 propertle: in thls City ar~: The Boulevard, Royc, Place, Heights I~nnor,
and Peters P1ac~ .
THIATER HEX~HTS
CENTRAL AIR
Date Built,
~ross building:
Ou~ita parking,
2959 (35 years old)
22, ll e£fieAencies and XX one bedrooms
16,600 BY
12 uncovered off street
back.
Renovation Scope,
Replace roof
Clean and tuckpoint brick, repair stucco
Replace acne,eta stair entry
Overlay parking lot with 2' of asphalt
Add landscaping
Suild trash duupster enclosure
Provide mini blinds throughout
Replace appliances as necessary
Replace floor severings as necessary
Repaint and decorate a11 units and hallways
Repair bathroom tile and tub enclosures
Update plvs~b~ng, electrical, and heating
Xnstall ~Bw fire rated unit anf~y 4sero
Additions,
Xnst&lX longer life roof
Replace retaining walls, not repair
Construct concrete block dumpatar enclosure
Modify lower level ko bo wheel
and add an office/meeting
Replace all appliances and floor coverings
Replace all countertop, and ~l~chen ,inks
Install bathroom exhaust fans to vent notsture
TO 97822801
THEATER HEIGHTS
~932 C~ ~V~
~ECT O~ TJu CLASSIFICATION
OT~ER ~tLCULATIONS AND Ag.qUMPTION-q
~u~u=tion in rent 1, ~ =&rotakor of $120
Net ~ncruo ~n NOI
A~d£tional ~ob~ po~,~£bl,
.~.520.00.
3,2~3.3~
2?,040.00
Rent roduction ot $10 Dot unit x 12 month~ x ~1
- no rent ~eduction ~or r, aid~nt manager'~ unit
2,520.00
Dc~t
intur~ ~t rat~
amort£=ation 20 ¥ ar~
~ebt =overage 1.1S
oT 9~
o~: 2 5 ¥
NE3.4~
~ot~rz~o~J~qOzc& )
Pa~r~ck I~ar~and, being duA¥ sworn, on oith abates as
Co~uub~i He~g~o, Minnesota.
4. 7ha~ ACCAP hal applied Co bocA the County of Aha]ca and
2'73.2~&. lubd. G ~o~hO~lltlld tt&IClltent ~OF~tO pro~osedleaseho2d
fuJxI. Ga(a), &C~AI) e~i~is ~ :re~resunt~ to _tho Anoka Ch:Muty
A~torney and to the C~ty Counc~! ~o~ ~hl c~t¥o£ Co~tln~& Heights
t~lC ACCAP w121 compXy w~th &l~ requ~omon~f of XAnnooocn 8ta~u~ef
~ctLon 273.124, luixI. 6,
6. That ACCA9 v~l~ eoupXy wXch ~he requtreuentm aZ tills
Statute by talcLng the £ollowXng an~onoz
vhichhasboen prepared by_ACCA~'S oounse2 and app_rovgd
aa to form by bach the Anoka C:c~nty AttoFney and ~he
Attorney for ~he C~Cy o£ ~olumbXa Heights.
That 40 porcont of tho
Cooperative Asooc4atLon w~ll
~e~t o~ ~ ~la wd~
~vel~Mn~ ~or ~~ ~42(d)
~9~. For ~soo o~ c~im
Xn the r~habXlitatLon of che propez~cy, ACCZA~vXllroceLve
houlLngprograu fundl provXded by th~ lGnnelOt& Housing
F~nance Agency for ~he rehabillCa~Lon o£ thLa ~2-unit
bu~ld~ng.
~0 9782280~
YOUR AFFIANT ~AYET~ NOT.
thit __ day of ., 1994.
Tnl~-qTERI[EIGHTS
3932
ZF~ECT OF TAX CLASSIFICATION
OTI:r~CALCULATIONSANDASSUMPTIONS
Increased renovation and rent reduction;
Net reduction in taxes
Reduction in rent less caretaker o£ $220
Net increase in
Additional debt possible
5,733.45
2,520.00
3,213.35
27,940.00
Rent reduction o£ $10 per unit x 12 months x 21 units $ 2,520.00
- no rent reduction for resident manager's unit
Debt assumptions:
interest rate
Amortization
debt coverage
8% or 9%
20 ye&rs or 25 years
1.15 .
THEATER HEIGHTS
3932 CENTRAL AVE
EFFECT OF TAX CLASSIFICATION
1994 Assesse~ Value of building
Budget for pl-n-ed renovation
Maximum increase in budget possible
New renovation budget with homestead t~ation
Explanation of tax
1994 estimated taxes payabl.e
1994 estimated taxes payable homestead
Tax savings realized
'Less additional payment to City
Net reduction in taxes
Available ~or debt service (debt coverage 1.15)
Additional debt possibl~ with reduced taxes
or
Additional debt possible and
Additional reduced rent for seniors and disabled
$328,200.00
$150,000.00
$ 50,.000.00
$200,000.00
11,421.67
4,278.00
7,143.67
1,410.21
5,733.45
4,985.00
$ 49,850.00
$ 27,940.00
$ 2,520.00
Tm:~-4.TER HEIGHTS
3932 CEHTRAL ,AVE
Buildina's Charact~.ri~tiC~:
Date Built:
N'Lu~er of Units:
Gross building:
0nsite parking:
Description:
1959 (35 years old)
22, 11 efficiencies ~d [1 one bedrooms
16,600 SF
12 uncovered off street
2 1/2 story walkup, brick face, stucco sides and
back.
Renovation Scope:
.Replace roof
Clean and tuckpoint brick, repair stucco
Replace concrete stair entry
Overlay parking lot with 2' of asphalt
Repair retaining walls
Add landscaping
Build trash dumpster enclosure
Provide m/hi blinds throughout
Re~lace appliances as necessary
~lace floor coverings as necessary
P~paint m-d decorate a11units ~dhallways
Repair bathroom t£1e ~dtub enclosures
Update plumbing, electrical, and heating
Install new fire rated unit entry doors
Additions:
Install longer life roof
Replace retaining walls, not repair
Construct concrete block d,,~ster anclosure
Modify lower level to be wheel chair accessible
and add ~-'office/meeting room
Replace all appliances and floor coverings
Replace all countertops and kitchen sinks
Refinish cabinets
Install bathroom exhaust fans to vent moisture
CITY OF COLUMBIA HEIGHTS
'SErViCE IS ~UR B~INESS'
2-7-.q4
3932 Central Ave. 35 30 2h 41 0073
Taxes Payable 1993
5,902.46 SCHOOL
2,601.46 COUNTY
1,99Z. 43 CITY
11,138.49 TOTAL
The above estimated taxes'payable
Taxes Payable In 1993 and 1994 are Title II
'E~tlmated Payable 1994 Tax
$ 6,070.95
2,624.53
2,254.72
11,421.67
in 1994 ere based on e value of $328,200 of which
$282,600 is at Title 11 rate and~45,600 is at apartment rate.
If the value of $328,200 was taxed at the apartment rate, the ESTIMATED tax payable in
1994 would be:
SCHOOL $ 7,263.29
COUNTY 3,149.OO
CITY 2,697.54
TOTAL 13,664.89 ESTIMATED
If the value of $328,200 was taxed at the homesteaded value because of each of the
_pnits.met the qualiflcation of cooperative membership and income, the ESTIMATED tax
payable would be $4,278.
Other Title il propertie= in this City are: The Boulevard, Royce Place, Heights Marmot,
and Peters Plac~ .
ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC.
1201 89th Avenue NE · Suite 345 · Blaine. MN 65434 · Phone 783-4747 · FAX 783-4700 · TTY 783-472~q~1
February 17, 1994
PatrickHentges
City of Columbia Heights
590 40th Ave
Columbia Heights, Mn 55421-3978
1994
MANAGER
CITY OF COLUMSiA HEIGHTS
re: 3932 Central Ave (Theater Heights)
Dear Mr. Hentges
~nclosed are financial projections that reflect the alternatives !
presented to the Council. I used your real estate tax figures which I
agree with even though your tax figures reflect less of savings than !
roughly estimated. The savings generated from the leasehold cooperative
~)after paying the City $442.82 in lost revenue peru=ts ACCAP to reduce
"rents on average by $10 per unit and increase the scope of the
renovation $30,000. Or as certain members of ~he Council seemed to want
the renovation could be i~creased $50f000 if no further rent-reduction
is passed on. ~
If the Council makes a positive factual finding we would agree to fund
a $174,000 to $194,000 (depending on the rent level alternative used)
renovation verses the $150,000 we had otherwise planned. A lot can be
done with $30,000. Especially when all the basics will be taken care of
with the funds already coa~nitted. There is never enough money in a
construction project.
Additionally ACCAP would agree to sell the building to the cooperative
Jar our cost plus any additional capital invested to fund negative cash
flow or additional improvements less any cash withdrawn. In other
words, no escalator for inflation or appreciation. This language will
be put in the Master Lease as the Cooperative's buyout price.
As I discussed at the meeting this project goes through regardless of
t~e Council's willingnes~ to contribute by making a positive factual
fznding t.hat the tax savzngs will be used to reduce rents or provide
for addit=onal renovation. --
Please give'me call if you think of anything else ! can provzde.
~Hou~Develope~nt~pecialist
agree that language should be added to the Master Lease requiring
~~ne- residents to be seniors or disabled.
o~o
i