HomeMy WebLinkAboutEDA AGN 08-16-00 EDA COMMISSIONERS
Robert W. Ruettimann
Patricia Jindra
DonaLd G. JoLLy
Martaine Szurek
Gary L. Peterson
JuL ienne Wyckoff
John Hunter
ECONOMIC DEVELOPMENT AUTHORITY
August 16, 2000
The following is the agenda for the regular meeting of the Columbia Heights Economic Development Authority
(EDA) to be held at 6:30 PM on Wednesday, August 16, 2000, in the Parkview Villa Community Room B, 965
40th Avenue N.E., Columbia Heights, Minnesota.
2.
3.
4.
6.r,_.
I The EDA does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, itsI
services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities toI
participate in all EDA services, programs, and activities. Auxiliary aids for handicapped persons are available upon requestI
when the request is made at least 96 hours in advance. Please call the EDA Secretary at 706-3670 to make arrangementsI
(TDD/706-3676 for deaf or hearing impaired only). I
CALL TO ORDERfROLL CALL.
PLEDGE OF ALLEGIANCE.
ADDITIONS/DELETIONS TO MEETING AGENDA.
CONSENT AGENDA.
(These items are considered to be routine by the EDA Board of Commissioners and will be enacted as
part of the Consent Agenda by one motion.)
A. Move to adopt the consent agenda items as listed below:
1) Approval of Minutes.
a. Regular Meeting of August, 2000.
2) Financial Report and Payment of Bills.
a. Financial Statement for August, 2000
b. Payment of Bills for August, 2000
MOTION: Move to approve Resolution 2000-10, Resolution of the Columbia Heights Economic
Development Authority (EDA) approving the financial statement for August, 2000 and approving
payment of bills for the month of August, 2000.
3) Approve Payment #3 & g4 to Millar Elevator Service Company
MOTION: Move to accept the work for Pay Applications #3 and #4 and to authorize payment of
$90,105 to Millar Elevator Service Company of Cleveland, Ohio.
4) Section 8 Report.
MOTION: Move to receige the Section 8 report as written.
REPORT OF THE MANAGEMENT COMPANY.
A. Anita Kottsick, Parkview Villa Public Housing Administrator.
CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA.
(At this time, citizens have an oppommity to discuss with the EDA items not on the regular agenda. The
citizen is requested to limit their comments to five minutes. Please note, the public may address the EDA
regarding specific agenda items at the time the item is being discussed.)
7. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS - None.
PUBLIC HEARINGS - None.
ITEMS FOR CONSIDERATION.
A. Other Resolutions - None.
B. Bid Considerations - None.
C. Other Business.
1) MHFA Loan
MOTION: Move to recommend payment to Compu-Link Loan Service, Inc. for the unpaid MHFA Home
Improvement Loan number 1103055 in the total amount of $4,377.80 as of 8/15/2000 plus $ .66 daily per diem
and $350.00 to MHFA out of proper funds; and furthermore, to direct staffto seek repayment from the loan
recipient in Conciliation Court.
2) Budget Meeting
MOTION: Move to set a special meeting of the Columbia Heights Economic Development Authority for review
of the Proposed 2001 Budget and Proposed Levy for August ,2000.
3)
Approve the Initial and Cooperation Agreement for the Transition Block Redevelop-
ment Project.
MOTION: Move to approve the Initial and Cooperation Agreements for the Transition Block Redevelopment
Project contingent on the addition of the proposed language or language substantially similar and acceptable to
1~''~ counsel for the CityfEDA; and furthermore, to authorize the President and Executive Director to enter into
ah ..~reement for the same.
10.
ADMINISTRATIVE REPORTS.
A. Report of the Deputy Executive Director.
1) Property Sale Update - 4216 Central Avenue NE.
2) Update on Acquisition of 3855 Main Street NE.
B. Report of the Executive Director.
C. Committee/Other Reports.
11.
MEETINGS:
A. ' The next Regular EDA meeting is scheduled for 6:30 p.m., Tuesday, September 19, 2000 in
Community Room B at Parkview Villa.
12. ADJOURNMENT.
Walter R. Fehst, Executive Director
H: \EDA Agenda\ 8-16-2000
I The mission of the Columbia Heights Economic Development Authority is to provide
~nancial and technical assistance and resources to residential, commercial, and
dustrial interests to promote health, safety, welfare, economic development and
Iredevelopment.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES OF JULY 18, 2000
CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was
called to order by President Ruettimarm at 6:34 p.m., Tuesday, July 18, 2000, in the Parkview Villa Community
Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Staff Present:
PLEDGE OF ALLEGIANCE
Robert Ruettirnann, Patricia Jindra, Don Jolly, Gary L. Peterson, Julienne
Wyckoff, John Hunter, and Marlaine Szurek (arrived at 7:00 p.m.)
Walt Fehst, Executive Director
Randy Schumacher, Community Development Assistant
Michelle Chalin, Parkview Villa Public Housing Administrator
Anita Kottsick, Parkview Villa Public Housing Administrator
Shirley Barnes, Crest ¥iew Management
ADDITIONS/DELETIONS TO MEETING AGENDA- Addition of 6-B- I to Approve Change Order #2 for the
Parkview Villa Elevator Modernization Project.
CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be
enacted as part of the Consent Agenda by one motion).
Ao
Adopt the consent agenda items as listed below.
1) Approval of Minutes - regular meeting of June, 2000
MOTION by John Hunter, seconded by Julienne Wyckoff, to approve the minutes of the June, 2000 regular
meeting with the following amendments listed below.
Page 1, Section B, Report of the Management Company, Paragraph 2, the last sentence should read:
All of the units that did not pass inspection will again be inspected at a later date by the Parkview Villa staff.
Page 2, Section B, Report of the Management Company, Page 2, Paragraph 3, the last sentence should read:
The only staff not on-site that week will be Michelle Chalin, the Public Housing Administrator.
Page 2, Section B, Report of the Management Company, Page 2, Paragraph 4, the following sentences should
read:
In discussion, Julienne Wyckoffreported that she has received many phone calls from residents of the City that the
geese are gone from the park outside of the Parkview Villa residents area park. Ms. Wyckoff commented that when
she contacted Kevin Hansen, the Public Works Director, he said that they aren't trying to remove all of the geese at
once, but they will be moving a few at a time.
Page 2, Bid Considerations, Agreement for Lawn Maintenance and Snow Removal Services, Paragraph 5, the
second sentence should read:
Mr. Nedegaard was going to purchase the property, but, has recently requested an extension on the purchase of the
property.
Page 3, Section E, Status Report - Acquisition of Central Avenue Properties, Paragraph 5, ADD the following
sentence:
In regards to this proiect, the consideration of funding would be primarily from CDBG Funds.
All Ayes. MOTION CARRIED.
Economic Development Authority Meeting Minutes
July 18, 2000
Page 2
2)
Financial Report and Payment of Bills
a. Financial Statement - June, 2000
b. Payment of Bills - June, 2000
MOTION by John Hunter, seconded by Marlaine Szurek, to approve Resolution 2000-09, Resolution of the
Columbia Heights Economic Development Authority (EDA) approving the financial statements for June, 2000 and
approving payment of bills for June, 2000. All Ayes. MOTION CARRIED.
REPORT OF THE MANAGEMENT COMPANY
A. Michelle Chalin, Parkview Villa Public Housing Administrator.
Ms. Chalin stated that Millar Elevator company is currently working on the large elevator at this time. The small
elevator is up and running. However, just in the last three days it has broke down. Millar Elevator Service has
responded quickly to the repair call. June 12, 2000 a circuit panel shorted out in unit 212 and all of the units above
it. Power was restored to every unit on that same day except unit 212. The occupant of unit 212 was occupying the
unit. Therefore, her rent was reimbursed to her for the time period of June 12a' thru July 1st. The electrician stated
the problem arose due to the panel casing being installed too close to the circuit breaker.
In discussion, Pres. Ruettimann asked Mel Collova, the Cities Building Official, would the panel casing being
installed too close to the circuit breaker cause the power outage? Mr. Collova stated that yes, it could have got too
hot. Pres. Ruettimann requested that Mel Collova visually check the electrical system for the other units at
Parkview to see if some corrections need to be made there also.
4607 Tyler had their inspection from Anoka County today for the HOME Program with no violations. She will be
receiving a written letter in this regard.
Monday, July 10~ Michelle Chalin returned to Parkview Villa. She then gave her resignation. Her last day will be
July 28, 2000. Ms. Barnes reported that Anita Kottsick will be managing Parkview Villa half of the day and the
other half of the day at Columbia Heights. Another associate will take the other half of the day at Parkview Villa so
that there will always be staffpresent at Parkview Villa. Ms. Barnes stated that the new associate will have to go to
a training course. Nan McKay is just one of the organizations that put on the training course. Mr. Ruettimann
asked for a copy of the course to have on file with the EDA.
On July 28~, 2:00 p.m., at Parkview Villa there will be a farewell party for Michelle Chalin. Ms. Barnes
commented that she was very grateful for Michelle Chalin and Anita Kottsick's work that they have done for Crest
View Management. The Residents Management Reports are completed and there was nothing under the level of
satisfactory recorded. Overall the report was good news and she again thanked Michelle for her hard work in
managing Parkview Villa. Ms. Barnes also added that the EDA shouldn't be too concerned about the amount of
mover of units at this time. This is common for buildings between 10-15 years of age in the buildings that she
manages.
Pres. Ruettimann asked if Michelle Chalin has ever done an exit report? She responded that this was her first job.
He asked that she do one for Crest View Management and the EDA's files. The report will help the EDA and Crest
View Management to assess how she ran the facility, how she felt that the program runs, etc.
AMENDMENT TO OCCUPANCY POLICIES
Mr. Schumacher explained that this report clarifies how much preparation is necessary for internally changing units.
Currently the Occupancy Policy specifies a fee for internal unit moves. The current fee is $125 and does not cover
the actual cost of preparing the unit for occupancy. Staff is recommending $400 be used as a base amount for this
cleaning and painting process. This policy would take effect as of September 1, 2000 for all tenants, including those
on the internal waiting list prior to September 1, 2000, unless the move has already been arranged.
Economic Development Authority Minutes
July 18, 2000
Page 3
In discussion, Ms. Wyckoff questioned if it was ever considered to keep the mount at $125, but saying to the
resident that you won't be able to change units for two years? Ms. Chalin stated that she remembers that most of the
residents have been there for well over two years and so that would make them eligible to change units at this time
based on the amount of time that they have been in the building. Ms. Hamms stated that each resident, including
herself pulled up their own carpet in their apartment and then cleaned the floor underneath it. She has lived there 14
years and is seriously considering moving to the east side of town due to the noise, smell, traffic and environment
around Parkview Villa. Another resident stated she could hear people talking loudly from her window also.
Ms. Barnes stated that the complaints she receives from residents is noise late at night and the smell from the
kitchen and garbage from the mall behind Parkview Villa. Mr. Ruetfiman asked what time do they hear the tracks
in the morning? The residents responded that they hear them at 5 a.m. Mr. Ruettimann asked Mci Collova if there
is anything that can be done about the smell from the restaurant behind Parkview Villa? Mr. Collova reported that
he has checked it out in the past and found no unusual problems, but he will check into it again. Ruetfimann asked
Walt Fehst to talk to the owners of the businesses behind Parkview Villa to see if there is anything that can be done
about the noise problems that the Parkview Villa' residents are concerned about.
MOTION by Juhenae Wyckoff, seconded by Marlaine Szurek, to amend the Occupancy Policy of Parkview Villa
to reflect a relocation fee of $400 effective September 1, 2000. All Ayes. MOTION CARRIED.
CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA.
Mr. White commented that there is a public microphone system in this room, he would like to see the EDA use it at
the next meeting. Pres. Ruettimann responded that he wasn't aware of one available, but he will use it in the future.
His second question was about the properties on Lookout Place, what is the City doing with them? Mr. Schumacher
reported that we have been doing a clean up of the property at this time. Mr. White also asked how soon would the
homes be demolished? Mr. Schumacher responded that the City does own the unit. The residents moved out last
week. Staff is currently working on cleaning up the homes. It will be a matter of time until everything is cleaned
up. The Fire Department will possibly be using the homes for fire training. Mr. Hunter asked if we have to relocate
the residents of the properties? Mr. Schumacher reported that both families have made other arrangements at this
time.
RECOGNITION~ PROCLAMATIONS~ PRESENTATIONS, GUESTS - None.
PUBLIC HEARINGS - None.
ITEMS FOR CONSIDERATION
A. Other Resolutions - None.
B. Bid Considerations - None.
1) Approve Change Order/12- Millar Elevator
MOTION by John Hunter, seconded by Marlaine Szurek, to approve Change Order Number 2 for Millar Elevator
Service Company in the amount of $750 with payment out of proper funds; and furthermore, to authorize the
President and Executive Director to'enter into an agreement for the same. All Ayes. MOTION CARRIED.
B. Other Business
1) Section 8 Report.
Randy Schumacher reported that staff is working diligently on the transfer of the program by October 1, 2000.
MOTION by John Hunter, seconded by Don Jolly, to receive the Section 8 Report as written. All Ayes.
MOTION CARRIED.
2) Approval of Engagement from McGladrey & Pullen, LLP
Mr. Schumacher reported that McGladrey & Pullen, LLP is a very reputable firm. Mr. Rothschild has recently
turned in his resignation. Mr. Fehst and Mr. Schumacher both expressed a positive response to using this firm to
help the EDA accomplish the transfer of Section 8 back to Metro HRA. Mr. Schumacher thanked Chef Bakken and
Julie Wesley as well as other staff members that have helped pull this programs paperwork together so that we can
Economic Development Authority Minutes
July 18, 2000
Page 4
transfer it hopefully by September 1, 2000.
MOTION by Gary L. Peterson, seconded by John Hunter, to approve the engagement letter from McGladrey &
Pullen, LLP for accounting services related to the EDA's Section #8 Program and to authorize the President and
Executive Director to execute same. All Ayes. MOTION CARRIED.
3) Acquisition of Main Street Properties
Walt Fehst gave the report of the Main Street properties. The property at 3855 Main Street was valued at $55,000,
and the property at 3919 Main Street was valued at $66,000. For the property at 3855 Main Street, staffwill be
drawing up a Purchase Agreement for the property. Both o£ these units have come before the EDA Board and the
City Council for evaluation. The City Council's decision was to purchase, demolish and rebuild on the property at
3855 Main Street. He would like to ask the EDA to see if they are in agreement to purchase the property at 3919
Main Street to clean it up and sell the property for redevelopment. He could not recommend at this point that the
EDA spend any money at this time for the property. He does recommend that we negotiate with the City Council to
borrow funds from the abatement fund. The Council discussed a parmership with them in the purchase of the 3919
property. The City is currently working on two reports; 1) Section 8 Transfer; 2) TIF to see what funds are
available from them for this project.
In discussion, Pres. Ruettimarm would like to check over some of the funds available with staff and he would be
definitely interested in a joint partnership program with the City. He also questioned if the units are vacant? Mr.
Fehst reported that one unit is vacant and the other is currently housing a family. He requested that the Board
permit the Director and Assistant Director to come up with some kind of agreement on funding. Mel Collova
reported that he felt that the residents that are interested in the properties would possibly move quickly on the
purchase of the properties if the City isn't interested in the purchase. Mr. Collova stated that one of the owners does
have an offer for the property.
Julierme Wyckoff felt that if the Council has already authorized the one piece of property to be bought and
demolished, why is the EDA Board questioning this purchase? What is the advantage for Mr. Knox to sell the
property to the City? Mr. Fehst reiterated that he felt the same way about the purchase of the property. Again, he
stated that he felt we could use the abatement funds for the property. It should be noted that one of the owners (Mr.
Knox) was present at the meeting. Mel Collova stated that Mr. Knox does have an offer for $98,000. Mel also
expressed that currently we are talking about CDBG funds and we should look at What other funds are available.
Pres. Ruettimann and Gary Peterson stated that they felt that this house was in good shape and we should probably
let the owner sell the property and the EDA should focus on other areas of land in the City that really are in bad
shape instead of purchasing this properly.
The general consensus by the EDA members is that Mr. Knox should go ahead and sell his property if he has a
buyer for it.
Gary Peterson requested staff study the funds that could possibly be used for the purchase of the property. No
motion was made at this time until staff researches more into what funds can be used for the purchases.
ADMINISTRATIVE REPORTS
Report of the Deputy Executive Director.
1) 4216 Central Avenue
Mr. Schumacher reported that Mr. Nedegaard has talked to staff in regards to the property at 4216 Central Avenue
N.E. If there isn't any significant changes in his building plans, staffwill go forth with the purchase of the property.
Mr. Nedegaard has agreed to purchase the land and is looking at changing his plans for the property. The plans
should be into the EDA sometime later this week.
In discussion, Mr. Jolly asked that Mr. Schumacher pay special attention to the retaining wall in the back of the
Economic Development Authority Minutes
July 18, 2000
Page 5
property. He had looked at the wall recently and it looks like it will not hold up. Mr. Hunter stated that Mr.
Nedegaard has had plans to build a garage in the back area so the wall would be taken down. The question raised
by Ms. Wyckoffwas that when we sell the property will the money go into the EDA funds? Mr. Schumacher and
Pres. Rueittimann confn'med that the dollars will go into the EDA Funds.
2) Update of I-IUD Form 50058 Family Reporting
Mr. Schumacher reported on the HUD Form 50058% Family Reports. Parkview Villa does not have the proper
hardware available, so the Community Development Staff has be entering the information into the HUD forms for
Parkview staff. The reports are currently done and submitted to HUD with 90 reports entered and a total of 85%
accepted. The manually written forms prepared by Parkview Villa staff will be sent back to Parkview Villa staff in
the next week.
In discussion, Ms. Barnes stated that Anita Kottsick did a tremendous mount of work in filling out the reports in a
short period of time and she would like to thank her for this. Normally, this would take months to fill out these
reports. Mr. Schumacher would like to recommend that we purchase a program to help Parkview Villa do the
reporting themselves in the future. Mr. Ruettimarm suggested that we could possibly have someone create a
program that we could have staff enter the information without spending $20,000. He would like to have a program
that complies with all of HUD's roles.
Mr. Schumacher expressed that Parkview Villa does not have any software at this time to input the HUD forms that
are to be filed. Pres. Ruettimann stated that we have been working on this software program for a few years and
have gotten nowhere. He felt we should use our I.S. Department resources and knowledge to get the forms
submitted on time and we need to have someone fred out the exact software needed; forms, receipts, basic
information, etc.
Ms. Barnes clarified that currently we are duplicating our work. Parkview Villa Management is hand writing the
forms and then the EDA staff is inputting it into the computer and transmitting it to HUD. If we had the program at
Parkview Villa they could enter the information in at one time. She stated that two things need to happen in this
regards: 1) find out what HUD requires, and 2) Check into the cost of a program that will work for all of the
requirements.
Mr. Schumacher agreed with Pres. Ruettimann that the Information Services staff at City Hall should be involved in
the purchase of the software as we do not have the knowledge of software programs that they do. Pres. Ruettimarm
requested that Randy Schumacher and Parkview Villa Staff work together to come up with what requirements of
software and forms are needed.
B. Report of the Executive Director-None.
C. Committee/Other Reports.
1) Resident Council- Pat Jindra
Pat Jindra reported that she has submitted in writing the minutes of the last two meetings with the Parkview Villa
residents.
2) Six Month Report of Resident moves at Parkview Villa - Pat Jindra
Pat Jindra reported that there was 20 internal moves in Parkview Villa in the last six months. Ms. Chalin said that
number included residents that both changed apartments and residents new to the facility.
In discussion, it was determined that there was a misunderstanding in what Pat Jindra asked Ms. Chalin for, so the
incorrect amount was given to Pat Jindra. For January 1 to June 30, 2000, the correct amount is 20 total unit
turnovers for Parkview Villa and 2 for 4607 Tyler Slzeet NE. The actual amount of internal moves was zero for the
four plex, 3 for the north building, and 4 for the south building. There were nine new renters moving into the North
building, 4 new renters moving into the South building, and 2 new renters moving into 4607 Tyler Street NE. during
this period.
Pres. Ruettimarm requested that Pat Jindra meet with the residents of Parkview Villa on a quarterly basis in the
Economic Development Authority Minutes
July 18, 2000
Page 6
MOTION by Don Jolly, seconded by Marlaine Szurek, to request payment for Pat Jindra for attending meetings
with Parkview Villa residents on a quarterly basis. All Ayes. MOTION CARRIED.
OTHER CONCERNS
Mr. Peterson expressed his concern that on the South side of the Parkview Villa North building he noticed some of
the siding possibly buckling. Pres. Ruettimann asked that Mel Collova, the Building Official, take a look at the
building for possible repairs needed.
MEETINGS
Pres. Ruettimann stated that the next EDA Meeting cannot l~e held on August 15, 2000, due to many of the EDA
Commissioners schedules. He directed staffto look at possibly another day between the 14~ and 21~t of August.
Mr. Schumacher will check this out with the City schedule and EDA Staff and then staff will contact in writing all
of the Commissioners, Parkview Villa staff, Crest View Management, Executive Director, and Community
Development Staff.
ADJOURNMENT
MOTION by Pat Jindra, seconded by Gary Peterson, to adjourn the meeting at 8:37 p.m. All ayes. MOTION
CARRIED.
Respectfully submitted,
Cheryl Bakken
Recording Secretaxy
H:~EDAminutes\7-18-2000
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: August 16, 2000
AGENDA SECTION: Consent Agenda ORIGINATING EXECUTIVE
NO: DEPARTMENT: EDA DIRECTOR
/~% ~APPROVAL
ITEM: Financial Report and Payment of Bills BY: Ken Anderson BY:
DATE: August 7, 2000 L
BACKGROUND:
The bound Financial Report for July 1, 2000 Check Listing (green sheets), and draft Resolution 2000-10
are attached for review. The enclosed Financial Report lists the Revenue Guideline (pink sheets), the
Expenditure Guideline (yellow sheets), Expenditure Guideline with Detail (white sheets), and Balance
Sheet (blue sheets), for each fund and department. The report covers the activity in the calendar (fiscal)
year fi:om January 1 through July 31, 2000.
The Check History shows each fund with an expenditure history during the month of June, 2000. The
total disbursements by fund are shown at the top of the listing.
~-' RECOMMENDATION:
Staff will be available to answer specific questions. If the report is satisfactorily complete, we
recommend the Board take affirmative action to receive the Financial Report and approve the payment
of bills.
RECOMMENDED MOTION:
Move to approve Resolution 2000-10, Resolution of the Columbia Heights Economic Development
Authority (EDA) approving the Financial Statement for July, 2000 and Payment of Bills for the month
of July, 2000.
EDA ACTION:
}.l:'conscnr ~i- 16-20(~OFinRcp.wpd
EDA RESOLUTION 2000-1--0
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
APPROVING THE FINANCIAL STATEMENT FOR JULY, 2000 AND PAYMENT OF BILLS FOR THE
MONTH OF JULY, 2000.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required
by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed
financial statement which shows all receipts and disbursements, their nature,
the money on hand, the purposes to which the money on hand is to be applied,
the EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and
treasurer's vouchers or bills and if correct, to approve them by resolution
and enter the resolution in its records; and
WHEREAS, the financial statement for the month of July, 2000 and the list of
bills for the month of July,2000 are attached hereto and made a part of this
resolution; and
WHEREAS, the EDA has examined the financial statement and the list of bills
and finds them to be acceptable as to both form and accuracy.
NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia
Heights Economic Development Authority that it has examined the attached
financial statements and list of bills, which are attached hereto and made a
part hereof, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received
and the list of bills as presented in writing are approved for payment out of
proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part
of the permanent records of the Columbia Heights Economic Development
Authority.
Passed this day of , 2000.
MOTION BY:
SECONDED BY:
AYES:
NAYS:
Robert Ruettimann, President
Attest by:
Cheryl Bakken, Secretary
H;qt.¢solutionsk2000-10
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: August 16, 2000
AGENDA SECTION: Consent ORIGINATING EXECUTIVE
NO: t~ .. ~-3 DEPARTMENT: EDA DIRECTOR
APPROVAL
ITEM: Approve Elevator Modernization Pay BY: Kenneth Anderson ~ ~BY:
Application #3 & g4 DATE: August 8, 2000
BACKGROUND/ANALYSIS: Please find attached a copy of the third and fourth request for payment,
Application #3 and #4, for Elevator Modernization at Parkview Villa North. These requests for payment
have been submitted by Millar Elevator Service Company which is the contractor doing the
modernization work for the two elevators at Parkview Villa North. A letter from Ted Smith, President
of Elevator Advisory Group, is attached and recommending payment in the amount of $41,881.00 for
application #3 and $48,224.00 for Application g4, for a total amount of $90,105. You will note from the
attachments that the payment is for costs incurred related to engineering and permits, cabs, subcontract
work, labor, wiring and duct work, and safety and miscellaneous items. The total cost incurred to date is
$249,281 however, $24,928 in retainage in the amount of 10% of the completed work is being withheld.
RECOMMENDATION: Staff is recommending authorization of payment to Millar Elevator Service
Company in the total amount of $90,105.
RECOMMENDED MOTION: Move to accept the work for Pay Applications #3 and g4 and to
authorize payment of $90,105.00 to Millar Elevator Service Company of Cleveland, Ohio.
Attachments: Elevator Advisory Group July 21,2000 letter, Application and Certificate for Payment #3
and
EDA ACTION:
~.' \v~nsent\Application #3 & #4.wpd
July21, 2000
Mr. Kenneth R. Anderson
Deputy Executive Director
City of Columbia Heights, EDA
590 40th Avenue NE
Columbia Heights, MN 55421
RE: Elevator Modernzition Pay Appalication #3 & #4
Parkview Villa North Bldg., Columbia Heights
Dear Ken,
We have received and reviewed bom Millar Elevator, the enclosed Pay Application #3 & #4 for
the Parkview Villa North Building elevator modernization project. We have also reviewed the
equipment and job site. We are approving the mount requested, $41,881.00 for Application #3
and $48,224.00 for Application #4. We recommend that the pay application be processed for
payment. Enclosed is a copy of the invoice for your records.
Ken, if you have any questions, please call.
Sincerely,
R.T. Smith
President
289 E. 5th St. · Suite LL101 · St. Paul ° Minnesota · 55101 · (651) 293-0595 ° Fax: (651) 224-6758
u~ 0 e~l
0
o
Millar Elevator Service Co.
WAIVER OF LIEN - Partial
STATE OF OHIO )
)
COUNTY OF LUCAS )
TO ALL WHOM IT MAY CONCERN:
Whereas, we the undersigned, Millar Elevator Service Company, have been
employed by THE CITY OF COLUMBIA HEIGHTS to MODERNIZE (2) ELEVATORS
at the building known as PARKVIEWVILLA - 965 40TH AVENUE N.E. , City of
COLUMBIA HEIGHTS, State of MINNESOTA.
Now, therefore, know ye, that we the undersigned, being requested to give a
partial waiver, for and in consideration of the sum of FORTY ONE THOUSAND
EIGHT HUNDRED EIGHTY ONE Dollars, upon payment to us of said
unpaid sum, do hereby waive and release to the extent of the said amount only any
and all lien, or claim, or right to lien on said above described building and premises
under the Statutes of the State of MINNESOTA relating to Mechanics' Liens, on
account of labor or materials, or both, furnished to the extent of this payment only,
fo~ said building or premises.
Given under our hand and seal this 25TH day of MAY , A.D., 20 00.
Millar Elevator Service Company
By //~/~ ~~'-'~ (Seal)
Millar Elevator Service Co.
WAIVER OF LIEN. Partial
STATE OF OHIO )
)
COUNTY OF LUCAS )
TO ALL WHOM IT MAY CONCERN:
Whereas, we the undersigned, Millar Elevator Service Company, have been
employed by THE CITY OF COLUMBIA HEIGHTS to MODERNIZE (2) ELEVATORS
at the building known as PARKVlEWVILLA - 965 40TH AVENUE N.E. , City of
COLUMBIA HEIGHTS., State of MINNESOTA.
Now, therefore, know ye, that we the undersigned, being requested to give a
partial waiver, for and in consideration of the sum of FORTY EIGHT THOUSAND
TWO HUNDRED TWENTY FOUR Dollars, upon payment to us of said
;
unpaid sum, do hereby waive and release to the extent of the said amount only any
and all lien, or claim, or right to lien on said above described building and premises
under the Statutes of the State of MINNESOTA relating to Mechanics' Liens, on
account of labor or materials, or both, furnished to the extent of this payment only,
for said building or premises.
Given under our hand and seal this 13TH day of JULY , A.D., 20 00.
Millar Elevator Service Company
Byj;?'~ ''~ .,--/ '-.-:'~ (Seal)
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: August 16, 2000
AGENDA SECTION: Consent ORIGINATING EXECUTIVE
NO: k4 _ I~.. ~ DEPARTMENT: EDA DIRECTOR
APPROVAL
ITEM: Section 8 Report BY: Ken Anderson ~ ' BY:
DATE: August 7, 2000
BACKGROUND: Attached is the Section 8 Report which details all Section ~ participants leased up through
August 1, 2000. The Columbia Heights EDA was issued an allocation of 25 Vouchers and 25 Certificates. Of
those, we have issued 32 Vouchers and 4 Certificates for a total of 36 which is a decrease of nine from last
month. This decreases our utilization to 72 percent. The reason for the significant reduction is that several
participants were reflected as active by the previous staff member, however, they were actually inactive and
should not have been included in the utilization report. By October of 2000, all Certificates must be phased
out and new Housing Choice Vouchers issued at the time re-certifications are completed.
McGladery and Pullen, LLP will be submitting a report by weeks end with their fmdings to reconcile the
Section 8 Program records with the information maintained by the Finance Department. Their work will
include preparation of forms necessary to be submitted to HUD for budgeting, utilization, reimbursement, etc.
A retired individual was engaged as an independent contractor to assist with administration of this program
and started on July 10, 2000. Staff has had continuing discussions with Metro HRA staffto discuss the
~ sition of our program to the Metro HRA. It is currently anticipated that the last housing assistance
payments to be made by the EDA/HRA will be for September 1, 2000 payments. After that time, file
administration will be performed by Metro HRA staff. As of this writing, participant files have been reviewed
and updated with re-certification dates for the months of October through February. These files are ready to
be transferred to the Metro HRA. March and April are currently being reviewed. Also, there are five (5) new
lease-ups in process which are being administered by the Metro HRA, therefore, they are not reflected in our
August Monthly Report.
ANALYSIS: The number of port-outs for July, 2000 is at five(5). This is an increase of two from last month.
Of the five(5), four(4) are Vouchers and one(l) is a Certificate. Although they do not reside in Columbia
Heights we continue to count them in our utilization report unless they are absorbed by the new jurisdiction.
Otherwise, the jurisdiction will bill us for the Housing Assistance Payment and 80 percent of our
administratiye fee.
The number of portability units has increased by five(5) from last month. We currently administer a total of
73 portability Vouchers and Certificates. This breaks down into 56 Vouchers and 17 Certificates. These are
participants that were originally 'issued their assistance in another jurisdiction but have elected to move into
Columbia Heights. For the portability vouchers and certificates, we bill the originating jurisdiction for the
Housing Assistance Payment and 80 percent of their administrative fee.
RECOMMENDED MOTION:
~[_~achments
ACT I ON:
Move to receive the Section 8 report as written.
h:\consent\8-16-2000section$.wpd
Section 8 Monthly Report
Participants Leased-Up Effective August 1
,200O
Section 8 - Columbia Heights
Bedroom Size No. of Certificates No. of Vouchers Total
0 0 0 0
1 0 0 0
2 4 18 22
3 0 14 14
4 0 0 0
Total 4 32 36
Total Admin. Fees $213.00 $1,704.00 $1,917.00
($53.25)
Section 8 - Port Ins
Bedroom Size No. of Certificates No. of Vouchers Total
0 0 1 1
1 6 22 28
2 7 24 31
3 3 9 12
4 1 0 1
Total 17 56 73
Admin. Fee ($39.76) $675.92 $2,226.56 $2,902.48
Total Admin. Fee's $675.92 $2,226.56 $2,902.48
Section 8 Monthly Report
August 2000
Page 2
Port Outs
Bedroom Size No. of Certificates No. of Vouchers Total
0 0 0 0
1 0 1 1
2 0 2 2
3 1 1 2
4 0 0 0
Total 1 4 5
Total Admin. Fees $10.65 $42.60 $53.25
($10.65)
G:~Section 8~Section8monthlyreport forAugust2000.wpd
i Par. kview Villa
Hous,ng Complex
965 N.E. 40th Avenue, Columbia Heights, MN 55421
.AUG 8 2OOO
(612) 788-6
)55 . Fax (612) 782-0857
DATE: AUGUST 7, 2000
TO: KEN ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT; EDA
SHIRLEY BARNES, CHIEF EXECUTIVE OFFICER; CREST VIEW
COMMISSIONERS; COLUMBIA HEIGHTS EDA
BOARD OF DIRECTORS; CREST VIEW
FROM: ANITA KOTTSIC ,K~, HOUSING ADMINISTRATOR
KARl WILSO~-tOUSING MANAGER
RE: JULY/AUG MANAGEMENT REPORT FOR PARKVIEW VILLA &
4607 TYLER
PHYSICAL PLANT:
Elevator modernization project- Work is progressing. The weekend of July 22/23 the small
car in the North building experienced problems. Bill Gault, Maintenance Coordinator was
within the building monitoring the elevator many hours throughout the weekend and the
technician from Millar elevator was out also several times working through the problems.
This elevator has experience one other incident of interrupted service on July 26 the doors
did not close properly. A technician was out and did necessary repair, it was thought that
in the process of a move in or move out the electronic eye was bumped.
Inspecting the circuit panel has been added to the Move Out Unit Preparation Checklist.
A smoke alarm within an apartment malfunction occurred on Saturday, August 5, 2000.
Maintenance Coordinator was able to fix the problem and no outside vendors were
needed.
OCCUPANCY:
NORTH BUILDING:
APT # VACANCY DATE
207 June 30
212 June 30
405 Aug. 15
NAME MOVE-IN DATE
Delmar Hobson Aug. 4
Jackie Rushenburg (internal move) 7/25/00
John Cole Sept. 1
Owned by the EDA of the City of Columbia Heights
Managed by Crest View Management Services
Equal Housing Opportunity Agency
409 Sept. 1
503 Aug. 31
509 March 1
609 June 30
801 June 30
910 June 30
John Morgenthaler when apartment is ready
Edwin Davis Jr. when apartment is ready
Miilar for elevator modernization project
Bernard Baier when apartment is ready
David Trimbo August 4
Rae Stevens August 1
SOUTH BUILDING:
APT# VACANCY DATE
115 Aug. 23
317 Aug. 1
414 June 30
NAME
M/M Super
Marion Booth
Dorothy Keller
MOVE-IN DATE
when ready (internal move)
Aug. 11 (internal move)
July 25 (internal move)
Waiting list totals are as follows:
Parkview Villa North
17 CH Residents
29 Non-residents
4607 Tyler
4 CH Residents
8 Non-residents
Parkview Villa South
28 CH Residents
15 Non-residents
MISC:
For informational purposes the Parkview Villa calendar is attached.
No additional information has been received nor changes made regarding the security at
Parkview Villa since the last EDA report in July.
Anita Kottsick, Housing Administrator began working at the Parkview Villa office on July
31: Kari Wilson, Housing Manager began working at the ParkviewVilla office on August
7. Kari has been a great asset to Crest View Corporation and in addition to her duties as
Parkview Villa and 4607 Tyler Housing Manager, Kari will continue her role as Crest View
Lutheran Home Director of Social Services. Anita will primarily spend her afternoons at
the ParkviewView Office and Kari will primarily spend her mornings at the Parkview Office.
Kari will be reporting to Anita and Anita will be available for any emergency situation that
should occur. Residents were given a notice regarding the hiring of Karl. Kari will be
introduced at the August 14 Resident Council meeting.
At the request of the EDA, Michelle Chalin has provided the attached Agenda for the
Public Housing Manager Training Seminar through NAHRO and her Exit Report.
7/19/00
The following is an agenda for the Public Housing Manager Training through NAHRO. The other
organi?ation that offers the training is Nan MeKay.
Day 1 8:30am - 4:30pm
Introductions
Objectives
Expectations
Roles and Responsibilities of the Public Housing Manager
Major Functional Components of Management
Day 2 8:30am - 4:30pm
Personal Management Style
Managemem Style Discussion
Occupancy
- overview
- eligibility/rent determinations
- leasing procedures and legal requirements
Day 3 8:30am - 4:30pm
Lease Enforcement
Grievance Procedures
Rent Collections
Communication
Problem Identification/Resolution
Day 4 8:30am - 5pm
Decision-Making Consensus
Maintenance
Security
"Bringing It All Together"
A Case Study fi.om the PHM Point of View
Evaluations/Feedback
Review Session for Certification Exam
Closure
Day 5 8am- 10am
PHM Examination
EE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: August 16, 2000
AGENDA SECTION: Other Business ORIGINATING EXECUTWE
NO: ~- O_~]. DEPARTMENT: EDA DIRECTOR
tf~, APPROVAL
ITEM: Approve Payment of MHFA BY: Kenneth Andersox[~ [BY:
Improvement Loan DATE: August 11, 2000
ISSUE STATEMENT: Request payment of the remaining balance of the MHFA Home Improvement
Loan number 1103055.
BACKGROUND/ANALYSIS: Staff received a letter ~n January 27, 2000 regarding a Minnesota
Housing Finance Agency Minnesota Fix-Up Fund loan that was originated by the EDA on December 12,
1997. The loan was issued to Sherney and Catherine Gaf]ken in the amount of $6,527.16. The property
was sold in October of 1998 and the loan went into default. Sherney Gaf]ken payed 1/3 of the remaining
balance at closing and stated that Catherine Gafjken's daughter received 2/3 of the property sale
proceeds. Therefore, he believes it should be her daughters responsibility to pay the remaining balance.
As you can see in the letter fi:om the MHFA that she has refused to pay the remaining balance. The
Deputy Executive Director forwarded a letter to Mr. Gaf]ken on March 30, 2000 requesting payment of
the remaining balance by April 7, 2000 (see attached copy). In a letter received in response on April 11,
2000 (attached), he stated it was our duty to collect the unpaid balance fi:om Mrs. Gafjken's daughter,
Bonnie Conom. This matter was referred to the EDA's legal counsel who forwarded a letter June 1 and
a follow up letter on July 1, 2000 demanding repayment. As of this writing we have received only a
letter dated June 19, 2000 fi:om Mr. Gafjken stating it was our duty to collect the unpaid balance from
Ms. Conom (copies attached). Our legal counsel is advising that we make payment to the MHFA for the
unpaid balance and seek payment from Mr. Gafjken through the Conciliation Court process. This
recommendation is based on the fact that we have not received payment after submitting three letters and
we are accruing a daily per diem (or interest charge) of.66 cents per day.
RECOMMENDATION: Based upon the failure to collect the remaining unpaid principal balance of
$3,986.72 plus the unpaid per diem, staff is recommending the EDA make payment to Compu-Link
Loan Service, Inc. for the unpaid balance of $4,377.80 as of 8/15/2000 plus $ .66 daily per diem, and
$350 to MHFA for reimbursement of the loan origination fee and furthermore, we are recommending the
EDA authorize staff to pursue repayment through the Conciliation Court process.
RECOMMENDED MOTION: Move to recommend payment to Compu-Link Loan Service, Inc. for the
unpaid MHFA Home Improvement Loan number 1103055 in the total amount of $4,377.80 as of
8/15/2000 plus $ .66 daily per diem and $350.00 to MHFA out of proper funds; and furthermore, to
direct staff to seek repayment fi:om the loan recipient in Conciliation Court.
Attachment:
ACTION:
h: \Consent \Approve MHFA Loan-Gaf j ken
J~/ll/O0
MINNESOTA
HOUSING
FINANCE
AGENCY
HOUSING HO,~ES DIV
August I 1, 2000
RECEIVED
Mr. Ken Anderson
Columbia I-Ieigbts Economic Development Authority
590 40~ Ave NE
Columbia tteights, MN. :5.542!
COMMuNITy DEV£LOPMEN-]
RE: Shcrney And Catherinc Gafkjen
MH~A Homc improvement Loan 1103055
Dear Mr. Anderson:
Pcr our telephone conversation this morning, the pay-off on this loan as of August 15,
2000 is as follows:
Pay-off as of 8/15/2000 $4,377.80
Loan origination Fee +$ 350.00
Total pay-off $4,727.80
Daily Pet Diem after 8/15/2000 is $ .66.
The pay-off check should be mailed m Compu-Link Loan Service, Inc. attention Ms.
Tamara Cook, Compu-Link Loan Service, Inc., 3900 Capital City Blvd, Lansing, MI.
48906. The $350.00 loan fee should b~ mail~ to my attention ar Minnesota Housing
Finance Agency (MHFA).
If you have any questions, plea.~ call me at 651-296-8835.
Sincerely,
Portfolio Managemcnt/QuaJity Control
CC: Tamara Cook, Compu-Link'Loan Service, Inc.
400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (651) 296-7608
Telecommunicalions Device for the Deaf (TDD) (651) 297-2361
Equal Ol~ity Housing and Equal Opporlunily Emp/oyment
I
OB-OS-gO 1Z:43 From-KENNEDY & GRAYEN +61Z3379310 T-BgB P.OZ/05 F-ZZ;
August 3, 2000
Ken Anderson
City of Columbia Heights
590 40a Avenue. N~
Columbia Heights, MN 55421-3835
BY FACSIMILE
Deal' Keri:
Attached are the letters to and from Mr. Ga/jken. I have nor received any response to our last
letter.
Attachments ~
0JG-I~4114~'1
CL2US-12
08-03-00 1Z:43 Front-KENNEDY & G~AVEN +61Z357931Q T-gB~ P.03/05 F-ZZ6
~?lJ Pdhbury C.¢ncct
(612) 337-9300 Klcp~.~
{612} 337-9310 ~
June l, 2000
Sherney V. Gaikjen
105 Court Avenue South
Sandstone, Minnesota 55072
Re: Columbia Heights Economic Development Authority Loan
Dear Mr. Oatjk~n:
The Columbia Heights Economic Development Authority has asked us [o contact you regazdtng
~e amount it is owed on thc borne improvement loan you received tn 1997. Wlule ! tmdezstand
that you intended that the loan be repaid from proceeds of the sale of your home, you are
personally responsible for the amount due as a signer on the note. I must therefor~ request Ihat
you send us the amount due, $4,255.96 plus 66¢ for each day between February 11, 2000 to the
dale of payment. Failure to make payment as required will leave the Economic Development
Authority with no choice but to consider tts full range of legal options.
If you have any questions, please contact mc.
Grcensweig ~
an collect a debt and any information obtained will be used for that
purpose.
Unless you noilly this office within 30 days after receiving this notice that you dispute the
yalidity of this debt or any portion thereof, this omce will assume this debt is valid. If you
notify this omce in writing within 30 days of receiving this notice., this omce will obtain
verification of the debt or obtain a copy of a judgment and mail you a copy of such
judgment or verification. If you reqlte~t this office in writing within 30 days after receiving
this notice, this office will provide yon with the name and address of We original creditor, if
different from the current creditor.
DJG-181326vl
CL~QS-I I
I
08-03-00 1Z:43 From-KENNEDY & GRAVEN *$1Z35T~310 T-gg8 P.~4/05 F-ZZ$
~ne 19~h, 2000
f~ar Danicl J. Gre~w6g,
This letter is in response to the l~e~ re~, ueslh~g hnmedia~¢ paym~n! ofd~ hom~
/mprov~m loan #1103055. This shook] have been ~a~cn care of by the Wahh Tick
comlmny and th~ M/m~om Finale Asency. The t~!~e offl~ loan ~ wm
~o~ m ~ ~ of~ ~ T~ I. ~ auom~y ~r Ca~ ~j~n ~
I ~ my ]/3 ~e of~ ]o~ ~ ~ J~.~y of ~. ~ Corm ~s ~
~d ~ ~ I ~ ~~ ~ m g~ ~ Corm ~o pa~ ~ ~vc ~n
Her ~ b: ~ ~ ~a Comm
310 Olmn C~.
B~ lL ~510
(630)761~557
0~-0~-00 IZ:43 From-KENNEDY & G~AVEN ~61Z3579~10 T-~l~ P.05/05 F-ZZ$
July 7, 2000
Sherney ¥. Gafkjen
105 Court Avenue South
Sandstone, Minnesota 55072
Re: Columbia Heights Economic Development Authority Loan
Dear Mr. Gafl~jen:
Thank you for your lerte, r in respome to our request for payment of your home improvement loan
owed to the Columbia Heights Economic Development Au~ority. While I understand your
belief that Ms. Conom is responsible for the debt, the loan is in your nn_m_e azld the £conomic
Development Authority must thertforc look to you for payment. Any contribution from her is an
~sue that you must work out between ~e two of you.
In the meantime, I must reiterate our demand for payment of the loan. As you will recall, thc
amount du~ is $4,255.96, plus 66~ for each day between February 11, 2000 to the date of
paym~mt. The Economic Development Authority will appreciate your immediate attention to this
matter.
If you have any questions, please contact me.
eenswcig
This is an attempt to collect a debt and any information obtained will be used for that
,purpose.
CL2uS- I z
MINNESOTA
HOUSING
FINANCE
AGENCY
JAN 27 2 00
January 26, 1999
Mr. Ken Anderson
Columbia Heights Economic Development Authority
590 40th Ave NE
Columbia Heights, MN 55421
RE: Shemey and Catherine Gafkjen
MHFA Home Improvement Loan 1103055
Dear Mr. Anderson:
The above-referenced loan was originated by your Agency in December 12, 1997 and
assigned to the Minnesota Housing Finance Agency (MHFA) Catherine Gafkjen is
deceased and Shemey Gafkjen sold the property in October 1998. Shemey Gafkjen paid
one third of the remaining balance and stated that Catherine Gafkjen's daughter received
two-thirds of the property sale proceeds and that Compu-Link Loan Service, Inc., our loan
servicer, should contact the daughter for the remaining balance. Catherine Gafkjen's
daughter refuses to pay the remaining balance. The remaining principal balance is
$3,986.72.
By way of background, after the property was sold in October 1998, the loan went into
default. This loan was underwritten by your Agency and purchased by MHFA as a loan
secured with a real estate mortgage. In checking the title to this property we find the
intended mortgage and assignment of mortgage were never recorded with the Anoka
County Recorder, thereby making this loan in violation of your MHFA Note Purchase
Agreement approved by MHFA on June 6, 1996 and the accompanying Procedural Manual
referenced therein as follows:
Section 4.1 (1) requires "A valid and enforceable mortgage, against the property is
required in the following circumstances: a. When the pnncipal amount of the
loan is in excess of $5,000.00."
The only remedy ,of this situation is to have Columbia Heights Economic Development
Authority pay the remainder of the loan off. Since the property was sold to a bonafide
purchaser, the mortgage and assignment of mortgage cannot now be recorded against the
property.
Therefore, please forward to Compu-Link Loan Service, Inc., our loan servicer of this
loan, within 14 days of the date of this letter, the loan pay-off and return of the loan
origination fee as follows:
400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (651) 296-7608
Telecommunications Device for the Deaf (TDD) (651) 297-2361
Eoual Oooortunib/Housing and Equal Opportunity Employment
Page 2
Account Number Pay-off as of 2/11/2000
1103055
$4,255.96
+ $ 350.00 (loan origination fee)
$4,605.96
$ .66
The check should be made payable to Compu2Link Loan Service, Inc. and sent to Ms
Tamara Cook, Compu-Link Loan Service, Inc., 3900 Capital City Blvd., Lansing, MI.
48906. Upon receipt of your check, Compu-Link Loan Service, Inc. will forward the
loan documents from the file to your Agency.
If you have any questions, please call me at 651-296-8835.
Sincerely,
Hal H. Rossi
Portfolio Management/Quality Control
cc: Tamara Cook, Compu-Link Loan Service, Inc.
Encls: Copies of Unrecorded Mortgage and Assignment Of Mortgage
I
Assignment of Mortgage
Date: De¢-,.~.~xber 2.2, 1997
FOR. VALUABLE CONSIDERATION, the
as Mo~gagor, to =he Columbia Eeights Economic Deve!o.~ent Authority '-
az Mortgage, anti filed fo~ r~ ,19 . ~ ~ N~ '
(or ~ B~k of ~e. ), ~ ~ ~ of ~ (C~ ~~)
Six Thousand~ rive E~ed ~d' ~en:v Sev~ ~d 16/100
i 6, s 2 7.: ~) ~~, ~ ~ ~n ~m
STATE OF MINNESOTA
COb/STY OF Anoka
, 19'~ ?, and tl~:~r Assignor kas good r/ght to sell, assign ~ transfer the same.
ASSIGNOR
, on beimlf of the
day of
,19
_The foregoing ~ was ac2cnowi~g~ before me r/tis
by ~ar7 L. Peterson
th~" PreSiden: a~ Walter R. Fehs~
Md Executive Director
of Columbia Heichts Econ~!c Development Authority
under the laws of Minnesota
, aPublic body corporate and pol£n£c
- ~herebvOran, o ..... f '"'u~ortgagee th, rec~ ....... ~ ....... ~0~~
Forever, ali the tract ~ or.~_~rgat~ .~l~ an~ Conu~y unto the ,aid nJ__'Q where,(i, hereby ackndwlede.-~' L : :;
and ~tate of Minn,sot~ de~J~ ~3~;~ ~2~tynd being in the C;;~~~ec?s°rs and ~al~ns, I '
Lots 7 and 8 Block 56, ~ol~b~a lleighta Annex to Htnneapoll8/ ': i , ...
Sub~ to Ease oE Rec.
To Have and to Hold the Same, · Together with the heredltaments and apputtenan ~, "'
the said mortgagee, its successors sad assigns, forever. An es that ~
?.its, a _d_ndmstra~rs, executors and sssia.~- a,, ~hs s~d mortgagor ~ for thet~ .to belon&4ng (
tonows: That _cney , ...... °-." "." ~ covenant with the said"~^-*~i-~- .. · ': _',
the sams are t.~ t ....... _. mwtuuy seized of said prendses and ye ..... lis&os, ISa euceetraore and assigns, aa
...... um all'incuml~rances, ha ._.___ good right to sell and convey the s.a.~.m.e; I~at
that the mortgagee, it-, successors and nazi s aha ' ' .
Warrant and Defend the t,~ ..... gn ,. 11 quietly enjoy and '~o ........ -. - ' ' '.. '"
--. ,,,, ~u rna same agamst all lawful lo~--- -~-~ ["'~" ?,~ same; and that the mort a o f,',
Prodded Nevertheless. That if the said mortgagor. . ~ theLr
assign shah pay ~ said mort aee it ~ ~ hahs. adml~s~ators, ez~utora or
aeeor~ng to ~n terms of .......
principal prominso .......... DoH~a.
'~ "~ ~ ot oven ~a~ hatowiLh dun and payabin.
coZumbia Heighten' ~ ~',ana payable to said mortgae~ at' ....... ~ ...... '~I'.'.~U
~ ~fom ~L~v ~s.and.~zaeaamenta now due or t~a~sl~ PqY the p~dnai ~ of~-~'~ ~h~by
April 10, 2000
Kenneth R. Anderson,
This letter is in response to the letter requesting immediate payment of the home improvement
loan #I 103055. This should have been taken care of by the Waish Title company and the Minnesota
Finance Agency. The balance of the loan payment was suppose to be taken immediately ~om the sale of
the house before the money was divided according to the will of Mrs. Gafl~jen. Thomas I. Hara, attorney
for Cathy Ga~jen and Bonnie Conom, knew this at the time of the sale and did nothing about it.
I paid my 1/3 share of the loan back in January of'99. Mrs. Conom has decided not to pay her
share since the loan is not in her name, but it was stated in the will of how it should be paid. I have
repeatedly tried to get Mrs. Conom to pay and have been unsuccessful. I feel that it is your duty to collect
the unpaid balance fi.om Mrs. Conom.
Her address is: Randall and Bonita Conom
310 Olson Ct.
Batavia, IL 60510
(630)761-6557
CITY OF COLUMBIA HEIGHTS
190 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (61 2) 782-2800 'f'DO 782-2806
,~$E NOTE: CITY ~IALL PHONE NUHBER$ HAVE CHANGED.
~IEN NUI4REE$ ARE: f~A[N NUHBER (?63)?06-3600; TDD (75~)'/'06-~691
F. COHOYDC DE~v-ELO?M~NT AUTDIORI~Z (][DA)
March 30, 2000
EDA COMH[SS[ONERH-
RoOer~ g.
DonaLd C.
HarLaine SzureK
Gary ~. Paterson
Ju[ienne ~yckoff
Patricia Jindra
John Hunter
Sherney V. Gafkjen
105 Court Avenue South
Sandstone, ~ 55072
Re: Loan Number 1103055
Dear Mr. Oaflcjen:
I am writing to request your immectiate assistance to make payment for the mortgage originated
through the Columbia Heights Economic Development Authority in December of 1997, Loan
Number 1103055. I was sorry to learn recently of your wife passing away and as a result, that
you had sold your house on October 31, 1998. As you know, my purpose in writing is to request
payment for an unpaid balance on the above referenced loan in the following amount:
Payoffas of 2/l 1/2000 is:
Additional daily per diem at $ .66:
Payoff as of 4/3/2000, Total Amount Due
$4,255.96
$ 34.32
$4,290.28
A cashiers check in the amount of $4,290.28 should be made payable to the Columbia Heights
Economic Development Authority. For every day past April 3, 2000, you must add $ .66 for
interest charges to the amount listed. You may send the cashiers check to my attention at 590
40~ Avenue NE, Columbia Heights, MN 55421. If you have questions regarding this matter you
may contact me at 763-706-3672. We will make payment directly to Compu-Link Loan Service,
Inc. to close the loan upon receipt and deposit of your cashiers check.
Again, because you have signed the mortgage and loan note it is your responsibility to make
payment of the full amount due at the time of the sale of your home. I understand from
co. rrespondence from the Minnesota Housing Finance Agency that you stated approximately 2/3
of the house sale proceeds were received by your wife's daughter, Bonnie Conom. Based upon
this information, perhaps it Would be possible for you to be reimbursed by her for the remaimng
unpaid mortgage amo.unt due to the Columbia Heights Economic Development Authority.
If there is anyway [ can be of any assistance in this matter, be sure to contact me at your earliest
convenience. If I do not receive payment from you by Friday, April 7, 2000, unfortunately [ will
need to refer this matter to our attorney to pursue further action.
I
Shemey V. Gafkjen
March 30, 2000
Page 2 of 2
Thank you in advance for your understanding and attention to this matter as soon as possible.
Yom ~ '/~ ,- ?'7
// .._.<_ . ~'_~ ~;
I~$rmeth R. Anderson
Deputy Executive Director
Enclosures: Loan Number 1103055
Randy and Bonnie Conom
I'l:\Igasn~.oan #110305$.WPD
LOAN NOTE_ FOR MHFA HOME IMPROV- I 0 .~ ~_-., . . ==o,,~ ~,
GRAM~
I
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: August 16, 2000
AGENDA SECTION: Other Business ORIGINATING EXECUTIVE
NO: C[ _ Q. _ 2_ DEPARTMENT: EDA DIRECTOR
APPROVAL
Proposed EDA Budget BY: Kenneth Anderson~ - BY:
ITEM:
Review
of 2001
DATE: August 11, 2000 L ~"
BACKGROUND/ANALYSIS: Staff has been preparing the Proposed 2001 Budget for the Columbia
Heights Economic Development Authority and Comrriunity Development Department for review by the
City Manager. We are tentatively proposing to have a copy available for review by the Columbia
Heights Economic Development Authority Board of Commissioners at the Meeting of August 16, 2000.
This Budget will be submitted for review and will also be subject to review by the City Manager. I am
suggesting that the Budget be reviewed in its general format at this meeting and that a follow-up meeting
be set later in August, 2000 for a thorough review and analysis of the Budget.
RECOMMENDED MOTION: Move to set a special meeting of the Columbia Heights Economic
Development Authority for review of the Proposed 2001 Budget and Proposed Levy for August
2000.
Attachment: August Calendar
EDA ACTION:
h:\consent\Review Proposed 2001 Budget
August 2000
Community
Development
Y
S MT WT F S
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!7:00 PM City
Council Meeting
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7:00 PM City
Council Work
Session - CHCR
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Council Meeting
- CHCC
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Fire Civil Servi-
ce Commission -
Police Dept
9:30 AM Sister
Cities Commit-
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7:00 PM Planning
& Zoning Com-
mission - CHCC
15
6:30 PM Econom-
ic Dev Authority
- PVV
0 PM Library
Board - Library
m
16
22
i23
6:30 PM Park &
Recreation Co-
mmission - JPM
[7:00 PM Election
Judge Training -
CHCC
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Pay Day
17
7:00 PM Charter
Commission -
JPM
7:00 PM Telecom-
munications
Commission -
CHCR
24
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Pay Day
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City Hall Council Chambers (CHCC) City Hall Conference Room (CHCR) Mur-zyn Hall (JPM) Parkview Villa (PW)
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
lvlee[ln ~ oE ~u~usi 1 o, /.uuu
AGENDA SECTION: Other Business ORIGINATING DEPARTMENT: EXEC. DIRECTOR
NO: q -- C.-~ Communit~ Development APPROVAL
ITEM: Approve the Initial and Cooperation BY: Kenneth R. Anderson ~ BY:
Agreements for Transition Block DATE: August 11, 2000
Redevelopment Project
ISSUE STATEMENT: The EDA is requested to approve the Initial and Cooperation Agreements for the
Transition Block Redevelopment Project to allow Real Estate Equities Development Company (Developer)
to secure development funds fi.om the Minneapolis Public Housing Authority (MPHA) as part of the
Metropolitan Housing Oppommities Program (MHOP).
BACKGROUND: We have attached for EDA review and approval a copy of the Cooperation Agreement
shown in draft form and dated March 3, 2000. The Initial Agreement is also included with the same drafted
date. Also attached is a letter dated August 9, 2000 from the City and EDA's legal counsel, Kennedy &
Graven, Chartered. You will note in the letter they are recommending that, "...if the City Council and EDA
wish to approve the two agreements they do so 'contingent on the addition of this language or language
substantially similar and acceptable to legal counsel for the City/EDA.'" Attached to the letter is proposed
language to add to the Initial Agreement and the Cooperation Agreement. With the addition of these two
,a-mguage changes, the City and EDA will have the flexibility necessary to address any contingencies that
_ .ay arise in the future. In other words, the City/EDA will have the opportunity to terminate the Agreements
without further obligations to the City or the EDA if the project does not move forward.
The Developers are requesting the City Council adopt the Cooperation Agreement and the Columbia Heights
Economic Development Authority adopt both Agreements. These Agreements will be forwarded to the
Minneapolis Public Housing Agency by August 21st, in order to be placed on the MPHA Board Agenda for
August, 2000. The Agreements must be approved by all the affected parties and reviewed and approved by
HUD prior to construction commencing on the project. The City Council will consider approval of the
Cooperation Agreement on August 14, 2000.
RECOMMENDATION: With the addition of the language suggested by the City/EDA legal counsel, staff
recommends the City Council approve the Cooperation Agreement and that the EDA approve the
Cooperation Agreement and the Initial Agreement.
RECOMMENDED MOTION: Move to approve the Initial and Cooperation Agreements for the Transition
Block Redevelopment Project contingent on the addition of the proposed language or language substantially
similar and acceptable to legal counsel for the City/EDA; and furthermore, to authorize the President and
Executive Director to enter into an agreement for the same.
Attachments:
i~UNCIL ACTION:
H: \Consent\EDA Initial-Cooperation Agreement
(G! 2,1 ~.17-9.~0Lt
T-144
P.~Z/64
August 9, 2000
Ken Anderson
City of Columbia Heights
590 40a Avenue, NS
Columbia Heights, MN 55421-3835
BY U.S. MAIL .M'qD FACSI2vI. IL£ - (763) 706-3'6'~1
Real £state Equitie~ Development Company
325 Cedar Street
Suite 400
St. Paul, MN 55101
BY U.S. MAIL AND FACSIMFr E - (651) 227-9001
Dear Ken and Keith:
Attached, arc pmpos~ additions m the MI-lOP agreemems. It is my recommendation thaL if the
City Cot~ncil and EDA wish to approve the two agrecmenls they do so "confin§ent on the
addition of this language or language substantially similar and acceptable to legal co~sel for the
City/EDA.' With the addiaon of this lan§uage, I am comfortable that the city and the EDA will
re~n the flexibility needed to address future contingenczes.
Based on my conversations with Steve Bubul, it does not appeax [hat Jim Holmes has any
objection to the addition of ~his sorl of language. I do recommend thai Real Estate Equities
approach its MHOP contact to dtscuss r. he addition of this language to the existing documents,
this will [ikely result in a faster refponsc time. Thc city and thc EDA can, however, approve the
IV, HOP agreements with my added [angtlage before ~ Final answer is received fi'om MPHA,
HUD, or anyone else who needs to approve the change from that dzrecr/on.
I do want m remind both o£you tha! the cooperation agreement envisions the Hollman units as
exempt fi.om taxarlon but subject to PILOT agreements. If ¥o~ have not air,dy done so, please
check to confirm that this does not zmpair the necessary cash flow for the project.
OJC-I~elO3~l
CL2O5-11 ~
If you have any other questions or commenLs, do nol hesitate to let me know.
Sincerely,
Z ~'~"~"' ..........
Damcl J Grce~wc~g
D,IG:
Encl
Cc: Michael D. Zalk (BY FACSIMILE - (61~)..~07-7100) (w/encl)
/PD-~fZ6Ol
T-144 P.]4/O4
ADDITION TO INITIAL AGREEME~NT
Notwir2u;u~.ding anything to thc conuary herein, ~ ~A ~ have no oblig~ou un~
· is Agr~mc~ ~ i~ ~ City of Col~bh ~ghu, ~o~ or bo~, have en~ i~o, wi~h
~ Ow~r, a ~ ~ent fi~g cou~t for ~va~ ~velopm~t. ~ pl~ned ~t ~velopmeut
· g~nt. ~d ~y o~r a~m ~d ~~ by ~ ~A in i~ so~ ~fion ~d
~n~ ~s Agre~cut wi~ou[ ~ obiigalion on i~ pm immc~y u~ pro~ng no~ice
F. xccpt as expressly set tbrth heroin, nor~ing in this Agreement shall be consu'ued to cr¢~
uny right m me Owner or any uther person not a pa~ ro this..Agreerneni.
ADDITION TO COOPERATION AGilI~FMF. NT
Nu~wi~slanding auymhing u) tim cuntraty hereto, neither he City nor the F_.DA shall have
~ny obligation under This Agrucmcnt until ~ F-DA, thc City,
Owner, a mx increment l&nancing couu-ac~ for private development, a planned unit d~velopmeut
agreement, md an5, other agreement &cmecl necesa;~ by the EDA and The CRy in their resider, ire
~ole discretion and pursuant [o ;crms salisfac:ory to u'~ EDA and the City in their respective sole
discretion, and until ~uch nme me ED^, [he City, or both may [erminau: this Agreement wit. horn
t'urthcr obligat/on on their par[ immcdialely upon providing nonce to MPHA.
Except ~s expressly se[ forth heruin, no[king in ~s Agree. mere shaft be cunsirued To create
any ngh: in r~ 0who- or any other person not a party to r. ius Agruemen~. /
~{C,- 184450v1
DKAFF: 03/03/00
COOPERATION AGREEMEiNT
.This Agreement made and entered hto this _ day of ,2000, by and
between the Minneapolis Public Housing Authority in and for the City of Minneapolis (the
"MPHA"), the Columbia Heights Economic Development Authority (th~ "EDA') and the City of
Columbia Heights, State of Minnesot~ (the "Municipality").
WITNESSETH:
In consideration of the mutual covenints hereinafter set forth, the parties hereto agree as
follows:
I. Whenever used in this Agreement:
The term '~MHOP .Units" means three (3) units of Iow-rent housing hereafter to be
developed with the financial assistance of the United States of America acting
through the Secretary of Housing and Urban Development (the "Government") and
located within a twenty-two (22) unit townhome development (the "Development")
to be owned by Columbia Heights Limited Partnership I ("Owner") and located in the
City of Columbia Heights, Minnesota. ' '
The term "Taxing Body" or "Taxing Bodies" means the State of Minnesota and any
and ali pol/ticaI subdivisions or taxing units thereof in which the MHOP Units are
situated and which would have authority to assess or levy real or personal property
taxes: or to certify such taxes to a taxing body or public officer, to be levied for its
use and benefit with respect to the MHOP Units if they were not exempt from such
taxation.
(c) The term "Shelter Rent" means the total of all charges to all MHOP Unit tenants for
dweIling rents and'nondwelling rents (excluding all other income of the IV[HOP
Units) less the cost of ail dwelling and nondwelling utilities.
The MPHA shall endeavor:.
(a) to secure a contract with the Government for capital grants and annual contributions
for the-iV[HOP Units;
(c)
to cause the development of the MHOP Units; and
to assign tO the Metropolitan Council Housing and Redevelopment Authority its
responsibilities under this and other agreements relating to the MHOP Units for
purposes of ongoing administration thereof.
D:~MNN I 2.qO 29~d30 CS~COOP,]~ 0tC
(a)
Co)
(c)
(d)
(e)
Pursuant to Minnesota Statutes, Section 469.040, the MI-tOP Units are exempt from
'all real and personal property taxes Ievie~i or imposed by any Taxing Body for so
long as either (i) the lVff-IOP Units are owned by a public body or govemmentai
agency and are used for low-rent housing purposes, (ii) the MIffOP Units are subject
to the r~q'uirements of Section :5 of the. United States I-lousing Act .of 1937, (iii) the
contract between the MPHA and the Owner in connection with the MI-lOP Units
continues to obliga, tc the Owner to operate the MI-lOP Units as a low income housing
project, or (~v) any obligatious issued in connection with the M2-IO? Units or any
moneys due to the Government in connection with such MHO? Units remain unpaid,
whichever period is the longest (the "EXemption Period").
During the Exemption Period, the Municipality, on behalf of the Taxing Bodies,
agrees that'it will not levy or' iinpose any real or personal property taxes upon the
MHOP Units or upon the lVlPHA with respect thereto. Because the IVIHOP Units
consists of three (3) units located within and under common private ownership with
I9 additional housing units which ¢ompris~ the Development, the property taxes and
property tax exemption shall be determined as follows: (i) the tax capacity of the
total Development shall be multiplied by a fraction, the numerator of which equals
the total number of MF/OP Units and the denominator of which equals the total
number of housing units in the Development and (ii) the product thereof shall be
d~dueted from said tax cap~city.
During the Exemption Period, the MPHA shall cause to be included agreements with
the Owner the obll~tion of the Owner to make annuai payments in lieu of taxes
("PILOT") in payment for the public services and facilities furnished from time to
time without other cost or charge for or with. respect to the MHOP Units. Each
PILOT shall be made at the time when real property taxes on the MY-lOP Units would
be paid if it was subject to taxation, and shall be in an amount equal to either (i) five
percent (5%) of the Shelter Rent actually collected but in no event to exceed five
percent (5%) of the Shelter Rent charged with respect to such MHOP Units during.
the preceding calendar year, or (ii) the amount permitted to be paid by applicable
State law in effect on the date such payment is made, whichever is lower.
Pursuant to Minnesota Sta~tes, Section 469.040, subdivision 3, the County of
~shail distribute the PILOT among the Taxing Bodies in the proportion
which the real property taxes which would have been paid to each Taxing Body for
such year if the MHOP Units were not exempt from taxation; provided, however, that
no payment for any year shall be made to any Taxing Body in excess of the amount
of the real prope~ taxes which would have been paid to.such Taxing Body for such
year if the lVlHOP Units were not exempt from taxation.
In the event the PILOT is not paid, no lien against the MHOP Units or assets of the
MPHA or EDA shall attach, nor shall any interest or penalties accrue or attach on
account thereof.
During the Exemption Period, the Municipality, or other appropriate Taxing Body, without
cost or charge to the M~HA, EDA o~' tenants of the MHOP Units (other than PILOT) shall:
Cb)
Furnish or cause to be furnished to the MHOP Units public services and facilities of
the same character and to the same ext~nt as are furnished from time to time without
cost or charge to other dwellings and inhabitants. in the MUnicipality;
Vacate such streets, roads, and alleys within the area of the MHop Units as may be
necessary in thc development thereof; and convey without charge to the MPHA,
EDA or Owner of the MI-IOP Units such interest as the Municipality, or other Taxing
· Body may have in such vacated areas; and, in so far as it is Iawfully able to do so
without cost or eXpense to the MPHA, EDA and the Owner of the NIl-tOP Units or to
the Municipality or other Taxing, Body, cause to be removed frOm such vacated
.areas, in so far as it may be necessary, all public or private utility lines and
equipment;
(c)
In so far as the Municipality or o~er Taxing Body may lawfully do s°, (i) grant ~uch
deviations from the building code of the Municipality or other Taxing Body as are
reasonable and necessary to promote economy and efficiency in the development and
administration of the MHOP Units, and at the same time safeguard health and safety,
and (ii) make such changes in any zoning of the site and surrounding territory of the
MI-tOP Units as are reasonable and necessary for the development and protection of
the MHOP Units and th& surrounding territory;
(d)
(e)
Accept grants of easements necessary for the development of the MHOP units; and
Cooperate with the MPHA and EDA by such other lawful action or ways as the
Municipality or other Taxing Body and the MPHA may find necessary in connection
with the development and administration of the MHOP Units.
In the initial development of the MHOP Units, the Municipality further a~ees, on behalf of
all Taxing Bodies, that within a reasonable time after receipt of a Written request therefor
from the MPHA or EDA: '
(a)
that it will accept all interior streets, roads, alleys, and adjacent sidewalk~ hdthin the
area of the Development, together with all storm and sanitary sewer mains in such
dedicated are~, at~er the Owner of .the MHOP .Units, at its own expense, has
· compl.eted the grading, improvement, paving, and installation thereof in accordance
with specifications acceptable tO the.Municipality or other Taxing Body; .
Cb)
that it will accept necessary dedications of land for, and will grade, improve, pave,'
and provide sidewalks for, all streets bounding the Developments as are necessary to
provide adequate access thereto (in consideration whereof the Owner shall pay to the
Municipality or other Taxing Body such amount as are or could be assessed against
the Development); and
e
10.
that it will provide, or cause to be provided, water mains, and storm and sanitary
sewer mains, leading to the Development and serving the bounding streets thereof(in
consideration whereof the Owner of the MHOP Units shall pay to the Municipality or
other Taxing Body such amount as are or could be assessed ag'~=t the
Development).
If by reason of the Municipalitys or other Taxing Body's failure or refusal to furnish or cause
to be furnished any public services or facilities which it has agreed hereunder to furnish or
cause to be furnished to the M]PHA, EDA, the Owner or tenants of the MHop Units, and the
MPHA, the EDA or the Owner bf the MHOP. Unks incurs any expense to obtain such
services or facilities, then the MPI-iA or EDA may cause to be deducted the amount of stich
expense from any PILOT due or to become due to the Municipality or other Taxing Body in
respe~ to the MHOp Units. '.....
No Cooperation Agreement heretofore entered into between the Municipality and the MPI-tA
or EDA shall be construed to apply to any MI-lOP Units covered by.this Agreement.
No member of the governing body or any other public official of the Municipality or other
Taxing Body who exercises any responsibilities or functions wi'th respect to the MI-lOP Units
during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in
the MHOP Units or any property included or planned to be included in the MHOP Units, or
any contracts in connection with the MHOP Units or property. If any such governing body
member or such other public official cfa Taxing Body involuntarily acquires or had acquired
prior to the beginning of his/her tenure any such interest, he/she shall immediately disclose
such interest to the MPHA.
During the Exemption Period this A~eement shall not be abrogated, changed, or modified
without the consent of the Govemment. The privileges and obligations of the Municipality
and other Taxing Bodies hereunder shall also remain in full for~e and effect with respect to
the MHOP' Units so long as the beneficial title to the MHOP Units is held by the MPHA or
by any other public body or governmental agency, including the Government, authorized by
law to engage in the devel6pr~ent or administration of Iow-rent housing projects. If at any
time the beneficial title to, or possession of, the MHOP Units is held by such other public
body or governmental agency, including the Government, the provisions hereof shall inure to
the benefit of and may be enforced by, such other public body or governmental agency,
including the Govemment.
--.,
The Government, the Municipality and the EDA hereby consent to the future assignment of
the MPHA's "interest in .this Agreement to the Metropolitan Council Housing and
Redevelopment Authority.
D:~,M~i' 12 ~f129t, DOCS',CC~'P.DOC
IN WITNESS WHEREOF the Municipality, the MPHA and the EDA have respectively
signed thi-~ Agreement and caused their seals to be affixed and attested as of the day and year tn'st
above written.
MINNE~OLIS PUBLIC HOUSING
AUTHORITY IN AND FOR ~ CITY
OF NESNNEAPOLIS
By-.
Comell L. Moore
Its Chairman
And by.
Cora McCorvey
It~ Exec.ut/ve Director
CITY OF.COLUiVIBL~ I:~,IGHTS,
MINNESOTA
By.
And by.
It~
COLUS~IA ]:[F~IGHTS ECONOi~IC
DEVELOPMENT AUTHORITY
By.
And by
Its
Dfl~MIqN 12 ~0 2 9~DOC~COO P.DOC COOP.~R,ATION AGKEF-MEqT
03/03/00
THIS AGREEMENT,. made. th/s day o~'_ , 2000 by and between the
.Minneapolis Public Housing Authority in-~d for the City of Minneapolis, a public body
corporate and politic (the "MPHA") and the Columbia Heights Econom/e Development
Authority, a public body corporate and politic (the "EDA~) is entered hato pursuant to M~nnesota
Statutes, § 471.59 and §.469.012, Subds. 1(11) and 3.
WHEREAS, the MPHA has entered,into an Annual Contributions Contract ("M?HA
ACC") with the United States Department of Housing-and Urban Development ("HUD") for
fi. mding the capital and'operating costs of Iow rent pubi/e housing um~ and projects throughout
the Minneapolis-St. Paul metropolitan area; and '
WH~, the MPHA has established the Metropolitan Housing Opportunities Program
("M2HOP") pursuant to which it will cooperate with suburban count/es and municipalities in the
construction and operation of qualified housing units (the "M~OP Units"); and
WHEREAS, Columbia Heights Limited Partnership I, a Minnesota limited partnership
(the "Owner") has applied to the MPHA to locate three (3) M~OP Units w/thin its development
of a 22-unit multi/'amily housing project to be known as Columbia Heights Limited Partnership I
Development (the "Development") to be located in the City of Columbia Heights; and
WHEREAS, the MPHA and the City have agreed to cooperate/n the location of three (3)
M3IOP Units in the Development; and
WI-~REAS, the purpose of this Agreement is to define the relationship of the MPHA and
EDA w/th respect to the planning, construction, ownership and operation of the/vl3tOP Units.
NOW', THEREFORE, it i's agreed by the part/es hereto 'as follows:
L PROPOSAL.
A. The M2PHA wilI prepare and submit to HUD a proposal for development funds in the
approximate amount of'not to exceed $315,900 (excluding administration fimds) and
ongoing Operating subsidy under the MPHA ACC for the construction and operation
of 2 replacement un/ts ("MHOP Replacement Units") and 1 incentive units ("M2HOP
Incentive Units").
B. Upon completion of MHOP Units, the M?HA may, w/thout further action by the
EDA, assign all documents related thereto to the Metropolitan Council Housing and
Redevelopment Authority ("Metro HRA") for ongoing administration of the
operating subsidy and grievance procedures as well as management of the waiting
lists (the "Assignment and Reformulation"). In ~ event, MHOP Units shall be
removed ~'om the MPHA ACC and added to the ACC of`the Metro HRA (the "Metro
ACC").'. Subsequent to the Assignment and Ref`ormuhtion:
I. Ail of' the duties of' the M~HA descr/bed herein that are yet to be
performed shall be performed by the Metro HRA;
2. Ail of the rights of the MPHA descHbe(~ herein shah be r/ghts of the Metro
3. The Operating Subsidy descr/bed in Sect/on V~ w/il be determined or re-
determined in accordance with the Metro ACC and based upon the Metro
HRA Fiscal Year. · ....
C. The MPHA shall:
Crather and assemble al/ requ/red Development informa/on, includ/ng
financial pro formas and design and construction documents.
Prepare required documentation, including /n/tiM operating budgets, in
conform/t7 with federal regulations and HUD requ/rements.
Adm/nister the processing of ~he Proposal 'and obtaining the/r approval by
HUD.
o
Provide liaison w/th the Metropolitan Council and the Minr~esota Housing
Finance Agency ("/v[HFA") with respect to all other ~unding effect[ng the
Developments.
5. Monitor the application of federal Davis-Bacon wage requirements that
shall apply to the Developments, prov/ded that the Housing Development
Agreement between the MPHA and the Owner shall requ/re' the Owner
and construction 'contractors to provide the MI)HA such information as it
may reasonably require in order to meet its obligation hereunder
DEVELOPMENT. The M~HA shall enter into a Housing Development Agreement '
with the Owner wh/ch will:
Establish the design and'construction specifications of the three (3) MHOP Units
as one (I) two-bedroom, one (I) three-bedroom unit and one (1) four-bedroom
unit;
Confirm the amenities to be provided within and around the Development;
Provide that the level of NfHOP fisnding for the Development w/il equal certified
construction costs (pro rata based on bedroom size);
D:~,MN~q 12~029~OC~NFFIAL.DOC
Provide that the operating subsidy reserve fund be drawn upon in the event
'operating subsidies paid by the MPHA are inadequate to pay the d/fference
between M~OP Unit income and expenses, as defined below;,
Provide for the draw-down of public housing development funds on a pro rata
basis with other Development funding sources;
Establish a system by which the MHOP units within the Deve. Iopment will not be '
physically identified, but rather will. "float" throughout the Development
depending upon vacancies and availability;
Identify the system for construction inspections, cost certifications and
development audits;
Require execution by the Owner of the Regu/atory and Operating Agreement and
a Declaration of Restr/ctive Covenants creating a covenant running w/th the land
obligating the Owner and all successors in interest to maintain and operate the
M~HOP Units in compliance v~th a/I applicable requirements of Section $ of the
United States Housing Act of I937 and the ACC; and
MANAGEh4~NT. The Regulatory and OPerating Agreement shall provide that the
Owner or its agent (the "Managing Agent") sha/I manage ail the units at the
Development, inelud/ng the M~OP Units and:
B.
sba/1 comply with afl federal law, regu/ations and policies and the MPHA ACC.
shalI provide the MPHA, the EDA and/or HUD with access to a// books and
records maintained by the Managing Agent with respect to the MHOP Un/ts.
shall be ~ubject to termination and replacement as to the entire Development if it
is determined by the ~HA, subject to appropriate judicial review by any court of
competent jur/sd!ction, that the Managing Agent or any successor has materia/ly
violated, breached, or fa//ed to comply with any provision of federai law,
regulation, policy, or the MPHA ACC.
Do
sha~I receive 'from the MPHA the names of persons and families who meet the
income and waiting list criteria for admission into the MHOP Un/ts and shal/
carry Out such administrative functions as (but not l~rn~ted to) applicant interviews
and screening, veri~cafions, detemaiuation of suitability for admission, unit
assignment, execution of leases, terminations and evictions.
WAITING L/ST M. ANAGEME~NT. The MPHA shall maintain the waiting lists for
those'applying for housing in the MHOP Un/ts, using applicable federal, MHOP and
loca/priorities.
D:gKNNI 2~.02~DOC~'~qrrlAL. D(~C 3 ~qrTIAL AGREF..MENT
Ve
Applicants for the two (2) MHOP Replacement Units will be selected from
waiting lists based upon the following priorities:
.1.
First, to families displaced by the demolition of Miu-eapolis public
housing units pursuant to th~_t certain Consent Decree entered ia settlement
of Hollraan et ~1. vs. Cis~eros et al., U.S.D.C. '(2v~,n Dist., 4th Div.) Civil
Case No. 4-92-712.
Second, to families on the MPHA waiting and transfer lists who live ia
minority or poverty concentrated areas in the metropolitan area.
Third, to families on the MPHA waiting list. This will include all fam~es
wishing to participate/a. MHOP, including both Mirmeapolis waiting Est
families and applicants from the City. The MPHA will automatically
place all applicants from the local waiting list on its list, thus making both
NFnueapolis and City of Columbia Heights residents equally eligible for
this priority.
The one (I) MPHA Incentive Units will be filled pursuant to local waiting lists
that will also be administered by the MPHA.
The MPHA will have full and complete control over the management of the waiting list,
and the M~n~ging Agent will have complete control over the selection o£ residents, so
long as the MHOP priorities and all federal and state Iaws are followed. The MPHA will
promptly and continuously place all Minneapolis applicants for placement on the MHOP
waiting list. If the referral system results in no eligible and suitabIe tenant with Consent
Decree priorities, the unit can be filled, with other applicants on the waiting list._. The
MPHA shall provide HUD a certification, ia the form attached hereto-'~-'~bit-A~
certi.C-y~g that its waiting Est procedures will conform with applicable law and
regulations. ·
POST CONSTRUCTION DUTIES. As a part of the HUD close-out requirements with
respect to the MHOP Units, the MPHA shall:
Ce
De
Designate the End of the Initial Operating Period CEIOP") and shall coordinate
the inclusion of the MHOP Units in the MPHA Annual Operating Budget.
Within 12 montes of EIOP, gather information and provide HUD with the Actual
Devel0pmen..t.Cost Certificate ('ADCC,,).
Cause the preparation of an audit by an independent public accountant as a part of
its submission of the ADCC.
Monitor the Managing Agent's procedures and results in screening applicants
provided fi.om the MPHA wait/ng lists and report the results thereof to HUD as
may be requested or required.
D:~4~'! 2.~029~DOC.S'~q'~ 4 D./r'rLLL AGR.E~
TAX CERTIFICATIONS..The MPHA shall provide in its agreements w/th the Owner
that the Owner, or its Managing Agent, shall annually prepare and present to the City a
certification to the appropriate assessing officials of the number of MiHOP units located
withl, the Development. The City shall execute and forward such certification pursuant
to Ivn,~esota Stalutes, Sect/on 469.040, subdivision 4.
OPERATING SUBSIDY. Under the MPHA ACC, HUD contracts to provide an
operal/ng subsidy to the MPHA 'for ail' un/ts subject to the MPHA'ACC, wkich w/ii
include these MHOP Un/ts. It is therefore.necessary to establish a methodology by'
which the N[PHA will 'pay operating subsidy to the Owner, of the MI-IOP Un/ts. That
system, to be described more fully in a Regulatory and Operating Agreement between the
MPHA and the Owner, will be generally,as follows:
A. As used in this Section VII, the fol/owinl ~erm~ shall
mean/ngs: ... .
have the'foLlowing
"Allowed Project Expenses" means ail necessary and reasonable operating
expenses of the Development for any period, including:
(a)
ali ordinary and necessary expenses of operations of the
Development Shown as line items on Form HUD-92547-A (Budget
Worksheet), exclusive of real estate taxes and debt service
requirements of any lender and exclusive of utiI/ty expenses which
are the direct responsibility of' tenants; provided, howeVer, that if
the Owner shall be required to borrow funds for repairs,
replacements or improvements not fixnded fi.om a Development
reserve fi.md for replacements, debt service requirements for any
st/ch borrowing approved by the M~HA (which approval shall not
unreasonably be w/thheld) shall be included in Allowed Project
Expenses; prov/ded, further, that M~0P Unit Expenses (as
herehaafter defined) shall be reduced by any amounts contr/buted
by the MPHA or EDA, on a grant basis, for mpa/rs,'repIacements -
or improvements;
(b) . management fees payable pursuant to the Property Management
'" Agreement;
:-. (c)
legal expenses associated w/th the operat/on of the Development as
well as accoun g and audit 'expenses, /nclud/ng return
preparation expenses, permitted to be charged as project expenses
pursuant to HUD Handbook 4370.2 REV-I, Financial Operations
and Accounting Procedures for Insured Muir:family Projects, or
any successor thereto; and
D:hMl~q 17~029t. DOC~,,[~OC 5 LN*ITIA L AGKEF-ML~T
(d) reserves for replacements and for any other purposes, ~ required
by any lender and approved by the MPI-IA.
"MHOP Percentage" shall mean the higher of (i) the number of 1Vff-IOP
Units, divided by the total number of units at the Development, or (ii) the
net rentable square feet of the M~OP Units (assuming one (1) two-
bedroom unit, one (I) three-bedroom trait and one (I) four-bedroom unit),
divided by the net rentable square feet of ail the units at the Development.
"MHOP Unit Expenses" shail.mean (A) A/lowed Project Expenses,
· multiplied by the IVIHOP Percentage, plus (B) the payment i~ lieu of real
estate taxes made in respect of the MX-lOP Units, if any, plus (C) amounts
paid to M~OP Unit occupants as. utility reimbursement (i.e., "negative
rent"); provided, however, that if any line item expense shall be included
ha Estimated MHOP Unit Expenses on the basis of a percentage other than
the MHOP Percentage pursuant to the second sentence of Section
VZI.B.(I) hereof, such expense shall be included in M~OP Unit Expenses
on the basis of the same percentage; .
"MHOP Unit Income" shall mean ali income received in respect of MHOP
Units, including tenant rents ("Tenant Rent" as de~med ha 24 CFR ~
913.102) and any other sources of income received in respect of MiHOP
Units, including ali types of revenue shown as Line items on Form HUD
92547-A, but exclusive of.operating subsidy.
"Estimated Allowed Project Expenses," "Estimated bIZIOP Unit
Expenses," and "Estimated MHOP Unit Income" shall mean the estimated
amounts of such items for any period determ~r~ed in accordance with
subsection (B) hereof.
Noi later than 90 days prior to the anticipated Date of Full Availability ("DOFA")
for occupancy of any unit of the Development, and not later than 150 days before
the first day of any subsequent M~PHA Fi~cat Year, the oWner shall prepare and
submit to the MPHA a proposed ope~get for the following MPHA Fiscal
Year (or, ha the case of' the year in which DOFA occurs, the remainder thereof)
("Operating Budget',). The Operating Budget shall project Estimated Allowed
Project Expenses, Estimated MHOP Unit Expenses, and Estimated MHOP Unit
Income for the subject period, subject to the following conditions:
1. Estimated Al/owed PrOject Expenses shall be as reasoaably estimated by
the Owner. The MPHA may comment upon and propose changes to the
Estimated Allowed Project Expenses as provided by the OWner and set
forth ha the Operating Budget submitted to the MPHA, but the OWner
shall not be required to reduce any estimated expense below the
Development-wide amount for such expenditure reasonably anticipated by
the OWner for the period. However, the portion of any line item within the
D:'~INNI 2.~029~DOCS~ff'IZ4L~OC 6 INITIAL AG~
Estimated Allowed Project Expenses included in Estimated MHOP rJm,
Expenses shall be altered fi'om the MHOP Percentage if the MPHA
demonstrates satisfactorily that_ allocation of such item to the MHOP Un/its
on the basis of the MHOP Percentage is inappropriate (e.g., marketing and
advert/sing costs, if such relate solely or preponderantly to the non MI-IOP
un/ts). ·
Co
Until the completion of initial rent-up of the MHOP Un/ts,' Estimated
MI-IOP Unit Income sh,H be determined on the basis of assumed ten,/nt
rent collections for each unit.size eqfia/ to the average tenant rent
eollections for ail units of comparable size owned and administered by the
MPHA in the most recent annual or scm/annual period for which such
statistics are available,, at the time of the Owner's subm~-qsion of the
Operating Budget for such period to the MPHA For each subsequent
MPHA Fiscal Year, Estimated MI-IOP unit Income shall be determined on
the basis of the, ag~egate tenant rents at:marly collected for all MI-tOP
Un/ts during the first six months of the preceding MPHA Fiscal Year.
Notwithstanding the foregoing, with respect to any MPHA Fiscal Year,
the MPHA may agree to project Estimated MHOP Un/t Income at a level
d/fferent from that which would otherwise be established pursuant to the
preceding sentence, taking into account (a) the reasonably anticipated
level of incomes of tenants anticipated to be admitted to the MHOP Units
during such period, based on anticipated turnover and the admissions
policies, and (b)'reasonably anticipated increases in income levels of
ex/sting tenants based on tenant participation in employment training and
other supportive services programs.
During each MI~HA Fiscal Year Commencing w/th ~he first M~HA Fisca/Year
after DOFA, and subject to any Iimltations arising from application of Section 20
(e) of the Act and operation of the Development Operating Subsidy Cap, the
MPHA sha/l pay to the'Owner an amount equal to (I) Estimated lVlHOP Unit
Expenses for such period, leis (2) Est/mated MHOP Unit Income for the period
(the "Operating Subsidy Requirement"). The MPHA shall pay to the Owner, on
the first day of each month of an MPHA F/sca/ Year, one-tweLeda (I/12) of the
Operating Subsidy Requirement for such MPHA Fiscal Year;, provided, however,
that the Owner and the MPHA may agree, upon determination of the Operating
Budget and Operating Subsidy Requirement for any MPHA Fiscal Year, to
provide for unequal monthly payments for such year. '
REGULATORY AND OPERATING AGREEMENT RESPONSIBILITY. The
Regulatory and Operating Agreement provides for~ongoing joint monitoring and
dec/sion-making by the MPHA and HUD.
wail be allowed to ~ow uuuugh interest earnings and certain operating subsidy
D:~fNN 12g029~DOC~INrrlAL.DOC
7 INITIAL AGR~E3&ENT
reimbursements, if any. Shortfalls, either because of the recalculation of three years'
estimated operating subsidy or because of necessary Withdrawal from the reserve may be
made up by the MPHA, but it is not obligated to do so.
AD~STRATIVE COSTS. The MPHA and EDA -~h~H eaeh bear the costs
associated with their' respective obligations and responsibilities described herein or
otherwise related to the constmc~on and Ol:~-ration of the MHOP Units.
TERMINATION AND/OR ..ASSIG~I~Fr.
In the event the EDA wishes to terminate this Agreement it may do so as follows:
I. Ninety (90) days' notice.of/ts intention to terminate shall be served upon
the MPHA by the EDA in writing;
2. The EDA shall assume and undertake al/ of the obligations and
responsibilities of the MPH. A as set forth in ail written agreements relating
to Development between the MPHA, on the one hand, and the Owner, the
MHFA, HUD or any.other contracting party, on the other,
3. The EDA shall become the contracting party with HUD with respect to the
annual contributions contract governing the construction and operation of
the Development.;
HUD shall consent in writing to such iermh~tion; and
The 1V[PHA shall be released from all future liability arising from and
responsibility for the ongoing construction or operation of the
Development. '
Bo
All agreements ex.uteri by the MPHA with respect to the Development shall'
provide for the eventualities described in this paragraph XI.
MISCELLANEOUS.
No member, official, or emploYee'of the MPHA or EDA shaH have any personal
interest, direct or indirect, in this Agreement, nor shall any such member, official,
or employee participate in any decision relating to this Agreement which affects
his or. :her personal interests or the interests of any corporation, partnership, or
association in which he or she is, directly or indirectly, interested. No member,
official, or employee of the MPHA or EDA shall be personally liable to a party to
th/s Agreement, or any successor in interest, in the event of any dd'auk or breach
by any party or for aay amount wkich may become due a party or successor or on
any obligations under the terms of this Agreement.
D:%'vfl,~N[ 2~0291DOC$~'I//AL.DOC 8 [NITTAL AGRF. F. MENT
Eo
The parties hereto,/'or' themselves and their successors and assi~.~, agree tlaa,
during the term of' th/s Agreement they will comply w/th all a/~t!ve act/on
and non=d/sclqm~r)~on requfi:ements o/` applicable/`ederal, state or IocaI laws or
Any rifles of the sever-ad parts, Articles, and Sect/ohs of this Agreement are
inserted for conven/ence of reference only and shall be cI[~egarded/n constm/ng
or/nterpreting any o/'its provisions.
Except as otherwise expressly provided, in. th/s A/~reement, a notice, demand, or
other communication under the Agreement by either pazty to the other shall be
sufficiently given or delivered/.f it is dispatched by registered or certified mail,
postage prepa/d' return receipt requested, or delivered personally; and
I. in the case of the MPHA, is addressed to or delivered personally to the
MPHA at I001~ North Washington Avenue, Min~eapoL/s, ~ 55401,
Attention: Executive Director;, and '
e
in the case of the ED.A, is addressed to or delivered ersonall to
~h P y the EDA
at 590 40 Avenue Northeast, Columbia Heights, MN 55421-$g35,
or at such other address with respect to either such party as that party may,
from time to t/me, designate in wr/ring and /brward to the other as
provided in tE/s Section.
This Agreement may be executed in any number of counterparts, each of wE/ch
shall com"c/tute one and the same instrument
D:~MNN I 2~029~DOC~NITIAL.DOC 9 5/ITTA[. AGKE~MENT
IN WITNESS WHEREOF, the MPHA has caused this Agreement to be duly executed ia
its name and behalf and its seal to be hereunto duty a/~axed and the EDA has caused th.is
Agreement to be duly executed ia its name a~ud behaLf on or as of the date first above written.
lVl]NNEAPOLIS PUBLIC HOUSING
ALrI'HORITY IN AND FOR ~ CITY
OF MINNEAPOLIS
Comell L. Moore
Its Chairman '
By,
Cora McCorvey
Its Executive Director
COLUMBIA KEIGttTS ECONOlVIIC
DEVELOPlVIENT AI. Fr~ORITY
By.
Its
By.
Its
D:~]q?q ! 2 ~.0 2~)~.D O CS'~NITiAL.DOC
~ AGKE~%fl~NT
EX~CUTION' COPY
EXHIBIT A
Waiting List Certification
We hereby cer~-y that the waiting List of' ~e MPHA/'or the Metropolitan Housing
Oppommity Program at the Columbia Heights Limited Partaership I Development ia Columbia
Heights, Minnesota will eon.form to the Co,seat Decree ia settlement of Hollmaa et al. v.
Cimeros et al., .U.$.D.C. (Mitre Dist., 4th Div.) Civil No. 4-92-712 and 24 CFR Part 5, Part 8,
913, 960 and 966 and applicable Fair Housiag a~d Equal O?portunity laws and regulation.
Dated:
MINNEAPOLIS PUBLIC HOUSLArG
AUTHORITY IN AND FOR THE CITY OF
MINNE~OLI$
By
Cora McCorvey
Its Executive Director
D:'~rlq [2~02~DOC~qlTIAL.DOC A- ! LN1TL-LL AGR_~M~NT