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HRA 01/06/2011 - 6546January 6, 2011 HRA Meeting Regular Meeting Agenda 7.00 p.m. City Hall, Council Chambers Call to order Roll call Action Items 1. Approval of expenditures 2. Approval of December 2, 2010, Meeting Minutes 3. Approval of Resolution Designating Official Depositories 4. Approval of Proposed Transit Oriented Overlay District Zoning Text Amendment 5. Approval of Lease Extension for Sikh Society 6. Approval of Contract for Home Remodeling Demonstration Program 7. Approval of Housing Replacement Program: Phase VI Informational Items 1. Preliminary 2011 Budget 2. Housing Loan Program Update Adjournment KACOMMISSION AGENDAS\2011 HRA Commission AgendasVanuary 6 -2011 AgendadocKACOMMISSION AGENDAS\2011 HRA Commission AgendasVanuary 6 -2011 Agendadoc CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY COMMISSION DECEMBER 2.2010 CALL TO ORDER: Vice Chairperson Gabel called the HRA Meeting to order at 7:15 p.m. ROLL CALL: MEMBERS PRESENT: William Holm Pat Gabel Stephen Eggert John Meyer MEMBERS ABSENT: Larry Commers NONMEMBERS PRESENT: Paul Bolin, HRA Assistant Executive Director Jim Casserly, Development Consultant Darin Nelson, Finance Director, Treasurer Becky Kiernan, Accountant ACTION ITEMS: 1. Approval of Expenditures MOTION by Commissioner Holm to approve the expenditures as presented. Seconded by Commissioner Eggert. UPON VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Approval of November 4, 2010 Meeting Minutes MOTION by Commissioner Eggert to approve the minutes as presented. Seconded by Commissioner Meyer. Commissioner Gabel noted changes on page 5. UPON VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON GABEL DECLARED THE MINUTES APPROVED AS AMENDED AND THE MOTION CARRIED UNANIMOUSLY 3. Approval of Scattered Site Phase V TIF District Paul Bolin, HRA Assistant Executive Director, said that Special Legislation reauthorized the Housing Replacement Program allowing the HRA to purchase up to 78 more properties. The properties are to be demolished or rehabbed and placed into a multi - phased scattered site TI District. Properties can be constructed or improved up to 150% of the average home value. The restated Housing Plan will streamline addition of future phases (addition of homes) to the program. Future phases can be added by HRA Resolution, provided the parcels meet required criteria. Mr. Bolin said that City Council will hold a public hearing and take action on this item at their December 13th meeting. Staff recommends approval of the resolution amending and restating the Housing Replacement Program for Phases I — IV; and; adopting Phase V. Commissioner Gabel asked if the exhibits were projections as they don't have concrete figures. Jim Casserly, Development Consultant, answered that is correct. The numbers reflect what would happen if all parcels were included. The two parcels, currently in the works, have a total budget of around $75- 80,000 for both. Those costs are actually incorporated into the larger budget. Commissioner Holm asked if there was a date in terms of when these parcels can be added and if some parcels expire from the district if others can be added in place of it. Mr. Casserly said that is how the document is drafted. The interpretation is that there cannot be more than 100 parcels at one time. Commissioner Holm asked what constitutes a house; a four -plex, apartment building, town home etc. Mr. Casserly said that the statute states that for the parcel to be eligible for inclusion it has to be a vacant site that contains a vacant house or the house that is located on the parcel is structurally substandard. If there is more than one unit on that site that would be okay as long as it meets the criteria for market rate housing. The market value for 2011 would not exceed $262,000. Commissioner Gabel asked if it could be an apartment building. Mr. Casserly answered no; the parcel has to be owner occupied housing. Commissioner Holm asked if it could be a town home. Mr. Casserly answered yes. Commissioner Eggert asked about vacant land and if it had to be zoned residential; and if something was rezoned or changed to residential if it would be eligible. Mr. Casserly answered yes. Commissioner Holm said that this is a good program and will help with issues regarding substandard housing and foreclosures. Mr. Bolin said he would come back in January with parcels to include in phase six. If approved by the City Council, future parcels can be added through a resolution. The homes that are currently in the remodel program can also be included in this program because the homes are vacant. MOTION by Commissioner Holm to approve the scattered site phase V TIF District. Seconded by Commissioner Eggert. UPON VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY INFORMATIONAL ITEMS: 1. Home Remodeling Demonstration Program Paul Bolin, HRA Executive Assistant Director, said that the home on 4757 2 "a Street was closed on this week. This home is a rambler and will feature one level living remodel ideas which will be great for Fridley residents who want to stay in their homes longer. There was an article today in the Star Tribune talking about the next generation 65 +, and that their desires and wants are different than those who turned 65 twenty years ago. Staff will be working with Lennox Builders to come up with ideas for the remodel. On January 5'h staff and Lennox Builders will meet with seniors and will have a focus group to talk about remodel ideas. Mr. Bolin reviewed the Open House Schedule: Pre - remodel open house: January 9t' Mid - remodel open house: February 26 & 27 Finished open houses: Starting March 27th Mr. Bolin said that the house in Mississippi Street had one showing a week ago. A lot of positive comments have been heard about the home but there are just no buyers out there right now. No one has commented that the price is too high but after the holidays we will look at the market to see if it should be lowered. Staff continues to look for a two story or split level home but nothing has come up on the market at this time. Commissioner Meyers asked about the photos of the home and if the steps could be eliminated making the front of the home handicap accessible. Mr. Bolin said that the back of the home has a perfect level grade from the garage up to the back door. Commissioner Eggert asked if there was access to the house from the garage through the sliding glass door and if the sliding glass door could be locked from the outside. Mr. Bolin said that the door can be locked from the outside. Commissioner Gabel asked why they did not choose to create two bedrooms and larger bath. Mr. Bolin said the plan is not set in stone; they will get comments from the seniors and the realtor on where the most beneficial changes to the floor plan would be. 2. Housing Loan Program Update Paul Bolin, HRA Assistant Executive Director, said that in November two RLF and one other Loans were closed which brings the total to 19 loans year to date. There was one Remodeling Advisor Visit for a total of 16 year to date. NONAGENDA ITEMS: Faulkner Development Relocating the sewer line took some time, but once the sewer line work was completed, construction started immediately. Mr. Faulkner will not make the January 1St opening but should be ready to open in April. GWNE The Tae Kwan Do property was closed on Tuesday, November 30. Mr. Kim can rent back from the HRA until the end of February, but hopes to be out in mid January. The next step is to demolish this building, Sikh Society and Select Products building in late February or early March. The plan is to go out for bids for demolition and bring estimates back to the February meeting. ADJOURNMENT: MOTION by Commissioner Holm to adjourn. Seconded by Commissioner Eggert. UPON VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:05 P.M. Krista Monsrud, Recording Secretary ACTION ITEM HRA MEETING OF JANUARY 6, 2011 CITY OF FMLEY To: William W. Burns, Executive Director Paul Bolin, Asst. Executive Director From: Darin R. Nelson, Finance Director Rebecca Kiernan, Accounting Specialist Date: December 20, 2010 Re: Resolution Designating Official Depositories Attached is a resolution appointing Wells Fargo Bank Minnesota N.A. as the City's official depository for 2011. This has been a traditional housekeeping task in the past. We like to designate our banks on an annual basis. For some reason, this traditional had been dropped a number of years ago, but at this time we would like to reinstate this process. The service we receive has been good; Wells Fargo Bank Minnesota N.A. has been responsive to our requests for information and does provide extensive internet services of which the City of Fridley and the Fridley Housing and Redevelopment Authority uses extensively. In using Wells Fargo Bank Minnesota N.A., we are able to invest idle cash on a daily basis with minimum costs to the City. We are able to determine daily needs and invest the balance in a money market account with Wells Fargo and other institutions. If we were to change the provider for the banking services, we would need to change the method in which we invest idle funds and the ease in which we make deposits. Staff recommends a motion adopting a resolution designating official depositories for the Fridley Housing and Redevelopment Authority. Z RESOLUTION NO. HRA 2011- 01 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY I, Darin R. Nelson, do hereby certify that I am Finance Director - Treasurer of the Housing and Redevelopment Authority in and for the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 6th of January, 2011, the following resolution was passed, that a quorum was present at said meeting, and that said resolution is set forth in the minutes of the meeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Wells Fargo Bank Minnesota N.A. is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Darin R. Nelson, Finance Director - Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, Executive Director And that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Wells Fargo Bank Minnesota N.A as a designated depository of the corporation is hereby requested, authorized, and directed to honor checks, drafts, or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Darin R. Nelson, Finance Director - Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, Executive Director And Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts, or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Norwest Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Housing and Redevelopment Authority of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. HRA Resolution 2011 -01 Page 2 R BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts, and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved, and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes as long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of two of the following named City /HRA employees are required for withdrawal of City investment funds from savings and loan associations: Darin R. Nelson, Finance Director - Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, Executive Director BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes as long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Board of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authority to exercise the same. PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, THIS 6th DAY OF JANUARY, 2011. LAWRENCE R. COMMERS, CHAIRPERSON ATTEST: WILLIAM W. BURNS, EXECUTIVE DIRECTOR Memorandum Planning Division DATE: December 29, 2010 TO: William Burns, HRA Executive Director Paul Bolin, HRA Assistant Executive Director FROM: Scott Hickok, Community Development Director Julie Jones, Planning Manager SUBJECT: Proposed TOD Overlay Zoning District Background Over the past year, staff has been working, as time permits, to draft Transit Oriented Development (TOD) code language for consideration. The purpose of the new overlay district will be to encourage redevelopment within a half mile of the Fridley Northstar commuter train station that supports multi - modal transportation and life cycle housing. Staff's draft is now complete and is set to be reviewed by the Planning Commission during a public hearing on January 19. The City Council will hold a second public hearing on February 7. Since the HRA owns property within the proposed boundaries of the TOD, staff is seeking the HRA's review and comments on the draft TOD code. All of the property contained in the special Transit TIF district legislation is contained within the proposed TOD zoning district. In addition, the proposed code language mimics the existing procedures for S -2 Redevelopment projects in that it requires HRA review of proposed TOD project plans before they go to the City Council. Code Features The proposed code is an overlay zoning district. This means the proposed code requirements are in addition to or in place of those in the underlying zoning district. This has been a challenge with other overlay districts located within the proposed TOD overlay district. A text amendment is simultaneously being proposed by staff for the Hyde Park neighborhood overlay zoning district to preserve the current non - conforming uses in that district and to support continued exceptions for standard single family lot requirements. Other features of the proposed TOD district include: 0 Permitted uses are left open to be determined in a development plan review. 0 Proposals will require a $1,500 application fee, as is the fee for S -2 Redevelopment Districts. 0 Individual, detached, single - family house replacements will be exempt from this process and some setback requirements. 0 Design criteria that allows increased density and emphasis on pedestrian and transit access 0 Building design criteria that promotes interesting, high - quality building features and orientation toward the street instead of vehicle parking. 0 Reduced vehicle parking requirements and special bicycle parking accommodations 0 Innovative solutions to allow streetscape features to be traded for landscaped areas when green space is limited 0 Requirements for sidewalks, specially - designed crosswalks, and pedestrian linkages to transit 0 Coordination of lighting plans with City streetscape plans. 0 Prohibition on electronic signs 0 Relaxation of screening requirements for outdoor dining 0 Inclusion of code language that allows seasonal, weekly, outdoor sales — like a farmer's market by special use permit. 0 Increased property maintenance requirements Recommendation Staff will provide an overview of the ordinance highlights at next week's meeting. Staff encourages the Authority to formally comment on the proposed zoning text language for a Northstar TOD Overlay District in Fridley. The Authority's comments will be relayed to the Planning Commission and the City Council at the upcoming public meetings. 1 1 } "- E N m 0 m m m 1� S n 9 c �3iTARg.2 a iE ^ ^T UNIVERSITY AVE �o e� ti O Z a owl. a D 0 T y d tv J n aa00� 001 ��1��0 �000� 2 9 Q 1 0 �� 2 r a G1 L7 r 2 m 2 Q O o p °-' ° i a m Q m m r o m CL S O. 7�C C O C Y/ 0 m m _ o o Z iF _ a ��` D 1 Q g EE CL CL M Q C m UNIV ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 205.33 0-8 OF THE FRIDLEY CITY CODE PERTAINING TO NORTHSTAR TRANSIT ORIENTATED DEVELOPMENT OVERLAY ZONING DISTRICT REGULATIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley Zoning Code be hereby amended as follows: SECTION 205.33 0-8 NORTHSTAR TRANSIT ORIENTATED DEVELOPMENT OVERLAY DISTRICT REGULATIONS 205.33.01. BACKGROUND AND AUTHORITY The City of Fridley finds that Transit Oriented Development benefits the general health and welfare of the inhabitants of Fridley by fulfilling existing housing, transportation and employment needs. Therefore, the City of Fridley implements this overlay district which designates a portion of the City as a Transit Oriented Development District ( "TOD" District) in an effort to support all modes of transportation. This overlay district is adopted per authority granted by the City of Fridley in Minnesota State Statutes Chapter 462. 205.33.02. PURPOSE The purpose of this overlay zoning district is to: A. implement code requirements that will encourage dense, mixed use, pedestrian- friendly development within a one -half mile radius of the Northstar Commuter Rail Station in Fridley. B. Create multi -modal connections to the Fridley Northstar Commuter Rail Station that allow for safe access to the station no matter what means of transportation someone uses. C. Create a neighborhood identity with the Northstar Station that promotes the use of mass transit, human interactions, safety and livability. D. Reduce automobile dependency by locating a variety of land uses within a half mile radius of the train station. E. Provide life cycle housing for people of different income levels and housing space needs within one half mile of the train station. 205.33.03. DISTRICT BOUNDARY The TOD Overlay District consists of those areas shown on Appendix A to this Chapter, entitled Northstar TOD Map, which is on file with the City Clerk and dated [INSERT DATE MAP IS ADOPTED BY THE CITY]. 205.33.04. DEFINITIONS The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning; 1. Drive - Through Service A type of service provided by a business that allows occupants of a motor vehicle to receive or obtain a product or service through a building opening without leaving the vehicle. 2.. Mixed Use Structures A building or development that contains two or more different uses such as, but not limited to, residential, commercial, industrial, or public facilities. 3. Primary Street The street adjoining the property which has the highest traffic counts. 4. Zero Lot Line Setback The location of a building on a lot in such a manner that one or more of the building's exterior edges rest directly on a side property line. 205.33.05. USES PERMITTED Permitted uses in the 0-8 TOD Overlay District are those uses which are acceptable to the overall redevelopment plan and specific development plans as approved by the City. Upon approval of the specific development plans, the City shall determine the specific uses that are permitted within the development. Mixed use structures do not require a special use permit as underlying zoning requirements may require. 205.33.06. USES EXCLUDED A. Uses which may be dangerous, create annoying odors, noise disturbances or be otherwise detrimental to the general welfare of persons residing or working in the vicinity thereof or may impair the use, enjoyment, or value of any property. B. Trucking Terminals C. Uses whose operation requires the outdoor storage of materials or equipment, including the outdoor manipulation of said materials or equipment. D. Uses whose principal operation requires the outdoor storage of motor vehicles, including the outdoor manipulation of said motor vehicles. 205.33.07. PROCESS FOR TOD PLAN APPROVAL A. Plans for each individual project or combination of projects must be submitted upon payment of any required fee as provided in Chapter 11, except plans for individual, detached single family housing construction projects in the Hyde Park zoning district will be exempt from the TOD plan review process. Project plans will be reviewed by the Planning Commission, who will provide a recommendation to the City Council. The City Council shall have final authority to approve all project plans. B. Project plans submitted to the Planning Commission and City Council shall include the following minimum criteria: (1) Scalable site plans, showing the location of buildings, off-street parking, street and utility locations, auto and pedestrian access to and from the project, any modification to existing services, grading plans, storm water plans, building exterior finish, lighting and signing and landscape plans. (2) Written City staff review on project compatibility to the overall Transit Orientated Development District. (3) Review and recommendation to the City Council from the Fridley Housing and Redevelopment Authority (HRA) Board. C. Any substantial modification to the plan must be submitted through the Planning Commission and approved by the City Council. 205.33.08. DESIGN CRITERIA All development proposals for new development or redevelopment in the TOD District must meet the following design criteria standards designed to enhance the pedestrian scale and safety of the development. In situations where an existing building is being partially altered, the new standards will only apply to the part of the building and site being altered. Dimensional Requirements A. Lot Coverage Lot coverage may exceed 40% in cases where vehicle parking is shared, underground, or structured, provided all landscaping requirements are met. Allowances exceeding the 40% lot coverage limit will be made in designs that finance the creation and maintenance of public open space for commuters nearby. Alternative storm water treatment methods such as permeable pavers, porous asphalt, vegetated roof areas, especially at the top of structured parking facilities, and other innovative techniques to reduce stor nwater run -off are encouraged. B. Setbacks (1) Front Yard a. Except for individual detached single - family homes in the Hyde Park overlay zoning district, buildings shall be set back no further from the front property line than 15 feet. b. Corner Lots: On corner lots, the buildings shall have front and side facades aligned no further back than 15 feet from the corner lot lines. c. Double Frontage: In cases of double frontage, buildings on both fronts may be set back at 15 feet. On three or four -sided lots, buildings would not be required to meet the minimum 15 foot setback on more than one corner. (2) Side Yard Buildings may be set back as close as 15 feet to the property line. On corner lots, the maximum allowable building setback is 15 feet. Zero lot line setbacks are encouraged. (3) Rear Yard Buildings may be set back as close as 15 feet to the property line. C. Height The height limitations of the underlying zoning district shall apply except in the Hyde Park Zoning District, where a building height of 45 feet shall apply. Building Design A. Entrance Orientation Primary building entrances on all new buildings shall be orientated to the primary abutting public street. Additional secondary entrances may be oriented to a secondary street or parking area. Entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. B. Fagade Articulation Building widths of 40 feet or less are encouraged. New buildings of more than 40 feet in width shall be divided into smaller increments, between 20 and 40 feet in width, through articulation of the fagade. This can be achieved through combinations of the following techniques, and others that may meet the intent of this section. (1) Fagade Modulation — Stepping back or extending forward a portion of the fagade (2) Vertical Division — Using different textures or materials, provided materials are drawn from a common palette) (3) Storefronts — Division of building face into distinct storefronts with separate entrances and display windows (4) Roof Lines — Varied roof lines with alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval (5) Articulation Interval — Placement of arcades, awnings, window bays, arched windows, or balconies at intervals equal to the articulation interval C. Building Face No blank walls shall be permitted to face the public street, sidewalk, or other public spaces, such as plazas. Elements such as windows, doors, columns, changes in material, and similar details should be used to add visual interest. Buildings shall be designed with a base, middle, and a top, created by variations in detailing, color, and material. Articulated tops shall be considered in the design of all new buildings. This articulation may consist of pitched roofs, dormers, gable ends, or cornice detailing. The base of the building shall include human scale elements, such as doors, windows, projections, awnings, canopies, and ornamentation. D. Door and Window Openings In new commercial, mixed -use and civic buildings, window and door openings shall comprise at least fifty (50) percent of the length of the main floor of the primary street fagade. Window openings shall be located at a pedestrian sight level. (1) Windows shall be designed with openings that create a strong rhythm of light and shadow. (2) Glass on windows and doors on the primary street fagade shall be clear or slightly tinted, allowing views into and out of the building interior or, as an alternative, used as display windows enclosed by walls inside the building. Where security needs warrant it, Spandrel glass may be used in the primary street fagade windows subject to City approval in the plan review process. (3) Window shape, size and patterns shall emphasize the intended organization of the fagade and the definition of the building. E. Loading Docks Outside loading docks shall be located in the rear or side yard and be screened from view from any public right -of -way. The space needed for the loading dock must be adequate to handle the loading and unloading needs of the building without obstructing the public right -of -way. F. Building Materials All buildings except single family shall primarily be constructed of high - quality materials such as brick, stone, textured cast stone, EFIS, or tinted masonry units. The following materials are generally not acceptable: Plain or painted concrete block, sheet metal panels, reflective glass, or aluminum, vinyl, fiberglass, asphalt or fiberboard siding. Parking structures shall be constructed with building materials that are architecturally compatible with the adjoining structure(s). G. Refuse /Recycling Storage Multi- tenant buildings shall share a common refuse /recycling storage area. Refuse /recycling collection areas must be screened from view form any public right -of -way and are encouraged to be enclosed inside a building. 205.33.09 Parking Requirements A. Reduction of Parking Reduction of the parking stall dimensions and number of parking stalls required in the underlying zoning district may be allowed due to the nature of the proposed use or agreements in place with surrounding businesses for shared parking. (1) The number of required parking stalls may be reduced by no more than 50% of the minimum required in the underlying zoning district for the proposed use. (2) The maximum number of parking stalls shall not exceed 120% of the minimum number of parking stalls required by the use in the underlying zoning district. This maximum provision shall not apply to park -and -ride or other transit facilities. (3) Off - street surface parking is not permitted between the front fagade and the primary street. Parking may be located in the rear or side yard. (4) Bicycle parking shall be provided as a component of all parking facilities as a ratio of one bicycle space per 20 automobile spaces. Bicycle parking must be provided within view of each business front entrance. Adjoining businesses may share common bicycle parking areas. B. Additional Parking When the provisions for parking space required are inadequate, the City may require that additional off - street parking be provided. C. Drive - Through Service Drive - through service designs are allowed and will not require a special use permit as underlying zoning may require. 205.33.10 Landscape and Streetscape Requirements Landscaping A. Scope A landscaping plan shall be submitted according to the requirements of the underlying zoning district. Mixed use projects must have a unified landscaping scheme. The landscaping requirements in this Chapter will only apply to new construction projects or projects where existing buildings are expanded to the reduced 15 foot setback. B. Plant Materials Substitutions The landscaping requirements in the underlying zoning district shall apply to properties in the TOD Overlay District with some exceptions. 1) In the TOD Overlay District, one ornamental tree will count as one over -story deciduous tree. In addition, ornamental trees may exceed 50 percent of the required trees. 2) Due to the amount of hardscape needed for pedestrian walkways, if the level of open space for planting restricts the ability to provide adequate growth space for tree roots, shrubbery planting beds and flower beds may also be substituted for over -story trees at a rate of 36 square feet per tree. 3) Decorative walkway light poles meeting the TOD design specified for the TOD district may be substituted at a ratio of one light pole for two trees if the site design warrants additional walkway lighting. 4) Street -side sculptures, large planters, hanging flower baskets, light pole banners, clock towers, arbors, seating benches, or similar ornamentation may be considered as substitution to meet landscaping requirements. If it is not feasible to meet the landscaping requirements of the underlying zoning district with the allowed substitutions above, the City may approve a monetary payment per fees established in Chapter 11 into the TOD Capital Project Fund for the purpose of funding streetscape amenities within the street rights of ways within the TOD overlay district. C. Water Drip irrigation system walkways. Alternative vegetative roof areas encouraged. Streetscaping A. Sidewalks s are encouraged to reduce water consumption and to prevent wet storm water treatments such as permeable pavers, porous asphalt, and other innovative techniques to reduce storm water runoff are Sidewalks of a minimum five foot width must be provided on all street frontages. Sidewalk design detail will need to be approved by the City in accordance to TOD streetscape design on public right of ways adjacent to the proposed development. Paved connections, also a five foot minimum width, to building entrances, crosswalks, and adjacent bus stops must also be incorporated into any site design. A colorized pavement pattern connecting the sidewalk on each side of the driveway shall be incorporated into driveways, warning drivers of the sidewalk connection shall be accessible. B. Lighting connection on each side of the driveway. Such Lighting types, styles, and colors shall be coordinated with the overall design of City - installed lighting in the TOD District. Pedestrian- oriented lighting is required on all streets, trails, sidewalks, and public gathering places within the district. A lighting plan and fixture specification schedule shall be included in the documents submitted to the City for approval. C. Signs Changeable electronic signs will not be allowed in the TOD District. Door and window awnings are encouraged and will not count towards wall signage percentage allowed on a building face. D. Fencing Decorative fencing incorporated into landscape designs shall be of the same color, type, and style used in the adjacent TOD streetscape or of similar design approved by the City. E. Outdoor Dining Outdoor dining areas may be incorporated into the front and side yard setbacks up to five feet from the property line, leaving five feet for the sidewalk. The dining area shall be designed with safety protections that reasonably attempt to prevent vehicles from accidentally encroaching into the dining area. Store locations that serve alcohol must apply for a patio endorsement on their liquor license, but relaxation of screening requirements may be considered by the City in the TOD District. F. Farmer's Market Parking areas may be used for seasonal weekly open air markets to sell produce, crafts, and flowers with a special use permit. The special use permit will supersede any underlying zoning requirements for outdoor sale licenses. In order to qualify. for the special use permit, the market must not interfere with traffic patterns and adequate parking must be available for the other uses on the site. There must also be safe separation between market users and vehicular traffic. Sale equipment shall meet all applicable building, fire, and electrical codes, and any requirements of the Anoka County Health Department and the Minnesota Department of Agriculture. 205.33.11 Maintenance In addition to the maintenance requirements of the underlying zoning district, property owners in the TOD district are required to maintain the landscape and streetscape abutting their property. This includes the removal of debris and snow on trails and walkways and at bus stops and the irrigation of planters on their own private property and those in the public right -of -way adjoining the property. Further details of the maintenance requirements shall be addressed in a development agreement approved by the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2011. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: ACTION ITEM HRA MEETING OF JANUARY 6, 2011 C HY OF FRIDLEY Date: December 28, 2010 To: William Burns, City Manager From: Paul Bolin, Asst. Executive HRA Director Subiect: Sikh Society Lease Extension The Sikh Society has requested a 2 month extension to their existing lease, set to expire on December 31 st. The challenging weather we have experienced this winter has caused some delay with the renovations being done on their new worship space in Bloomington. The Sikh Society has been a very good tenant and the request to stay in the property through February 28th will cause no delays for the demolition of the remaining Gateway Northeast properties. Staff sees no reason to deny the request from the Sikh Society. Staff worked with Attorney Casserly to develop a simple lease extension agreement letter. Attached for your interest, is a copy of a December 2nd Star Tribune article on the Sikh's new property in Bloomington. Staff Recommendation: Staff recommends the Authority approve a motion formally extending the Sikh Society lease, by continuing the existing terms, through February 28, 2011. Format Dynamics :: C1eanPrint :: http: / /www.startribune.com /lifestyle /faith/l 11230449.ht... Page 1 of 3 Sikh, Hindu temples to open in Twin practiced their faith in cramped basements Cities or private homes because there were few public worship spaces. Richard Tsong- Taatarii, Star Tribune The new Sikh temple in Bloomington is being housed in a former church. Daljit S. Sikka is the past president of the Sikh Society of Minnesota, while Kehar Singh is the current president and is overseeing construction. A Hindu temple in Edina and a Sikh temple in Bloomington will accommodate a growing Asian - Indian population. By ROSE FRENCH', Star Tribune Last update: December 2, 2010 - 10:35 PM For years, Twin Cities Hindus and Sikhs Advertisement But as their numbers have grown, so have their worship options. Plans to open two more temples are signs of the communities' growing population and prosperity. The Sri Venkateswara Hindu temple opening next spring in Edina is expected to be about half the size of the towering, 43,000- square- foot Minnesota Hindu Temple in Maple Grove, considered the largest Hindu temple in North America. The Sikh temple is scheduled to open this month in a building that formerly housed a church in Bloomington. "We are coming to maturity, coming into our own," said Kehar Singh, president of the Sikh Society of Minnesota. "We're going to have a bigger space where we can go to learn about our culture, to pray and also teach our children the language in which our holy book is written. We are very excited about it." Asian- Indians in the Twin Cities and nationwide are growing in numbers. U.S. Census figures from 2009 show the Asian- Indian population in Minnesota has doubled .w Y, DE EWIER 31 X30 p.m. ' 1 p.m. NEW ... -Y ADO a EVE 1111.91aFFEu ONLY $19.95 PER PERSON MY5+4 E® TAX mysfictake.com Print &'o rereri �y �r� .r t a i � 3C t http:// www .startribune.com/templates /fdcp ?1293553558332 12/28/2010 t. Format Dynamics:: C1eanPrint :: http: / /www.startribune.com /lifestyle /faith/l 11230449.ht... Page 2 of 3 in the last decade to nearly 30,000. That figure doesn't account for those who may be here on a temporary basis for work or other reasons. The new and expanded temples are signs of financial prosperity and professional success, and give Hindus and Sikhs an increased presence in the public square alongside other religious institutions, scholars say. Temples attract more to area There are nearly 30 Hindu temples or groups in the Twin Cities area and about 40,000 practicing Hindus, according to the Rev. John Mayer, executive director of City Vision, a Minneapolis organization that tracks religious demographics. The Hindu population is growing by at least 500 to 1,500 per year with immigrants and the children of immigrants and some American converts, he said. Many Hindus in Minnesota, he notes, are highly educated professionals: doctors, l awyers, teachers, professors, engineers. These groups are able to finance the construction and support of new temples. Advertisement These temples, in turn, are drawing more Hindus to the area, Mayer said. "The trickle becomes a flood," he said. "They don't come here because they like the nice Minnesota winters. There is now a whole Hindu subculture in the Twin Cities area, and this pocket will keep growing bigger and bigger each year." Two temples are expansions Sikh and Hindu faiths are different but share some similarities, particularly their Indian origins. At present, the only Sikh temple, or Gurdwara, in the Twin Cities, is located in a former McDonald's restaurant in Fridley. Its nearly 300 followers, however, have outgrown the space and will move to the 8,000 - square -foot former church building in Bloomington off 9000 Bloomington Freeway W. The Sikh Society of Minnesota bought the property for $600,000 and is spending up to $300,000 to renovate it, said Daljit Sikka, a member of the society's renovation committee. The Sri Venkateswara Hindu temple is now in Golden Valley, but in September its leaders bought a building for $1.6 million in Edina off Metro Boulevard, where they plan to renovate MT. T M CASINO. HOTEL tr yAt ake.com. Print Powered Byc, r a�a� yrrti�: littp://www.startribune.com/templates/fdcp?1293553558332 12/28/2010 Format Dynamics:: C1eanPrint :: http: / /www.startribune.com /lifestyle /faith/111230449.ht... Page 3 of 3 the site that once housed the Spa Bella Casa. It's expected to open by March. Temple President Madhu Reddy said the nearly 20,000 - square -foot space was needed to accommodate approximately 1,000 members. In addition to the worship space, the new temple plans to offer classes in yoga, dancing and meditation, Reddy said. The Hindu temple will be dedicated to the god Venkateswara. Other temples, like the one in Maple Grove, have shrines to multiple Hindu gods. Numbers allow diversity Joanne Waghorne, professor of religion at Syracuse University, who's written extensively about Hindu temples, said early temples in the United States were more inclusive and often dedicated to more than one god. But as the number of U.S. Hindus has steadily grown to about 1.5 million, many temples are more specific. "There's enough of them [Hindus] now in the U.S. to begin to express the diversity you'd find in India," Waghorne said. "It's a sign of having arrived and making the money and making a serious impact on the landscape of this country." Advertisement Raj Singh, 47, and his wife, 43, and son, 17, and daughter, 15, are members of the Sikh temple and moved to the Twin Cities nearly 11 years ago for Singh's job as a professor at the business school at the University of Minnesota. They live in Plymouth. Singh said he and wife, Simrni, both came from devout Sikh families in India and it's important to them that their children have a place like the temple to practice their faith and to see others who look and dress like them. "That's where my wife and I found a support group for us and our children," Singh said. "I also think job opportunities bring a lot of people here. But when somebody calls me and asks about moving here, I tell them the city is very tolerant and accepting and is a good place to raise a family." Rose French • 612 - 673 -4352 Shortcuts To Links In Article 1. http: / /ezud.co /ldl71 COMD EY NIGHT SWURDAY, FEBRUARY "0't1 uq. 's RA "gry" TRAcEy t AWic Ld Es VC e 1 * PACKAGES 49 cAsweo - HOTEL Print Powered By `.I a.. .._r '': eta M.......,m, . http://www.startribune.com/templates/fdcp?1293553558332 12/28/2010 r ri MY OF FRIDLEY Date To From: ACTION ITEM HRA MEETING OF JANUARY 612011 December 28, 2010 William Burns, City Manager Paul Bolin, Asst. Executive HRA Director Subiect: Home Improvement Demonstration Protect - Contractor Agreement Background In September the Authority authorized staff to continue working with Lennox Builders on selecting and rehabbing up to 2 more homes. As you are aware, Lennox Builders helped in the selection of the home for our next remodeling project at 4757 2nd Street. Attached to this memorandum is the formal agreement that will spell out the specifics for the remodel. The Protect As discussed at the December HRA meeting, the home at 4757 2nd Street will be transformed into a home that is suitable for 1 -level living. The home will be remodeled such that it can be easily adapted by older residents, as their level of care needs change. The goal is to demonstrate changes that can be made to the typical rambler to allow residents to "age in place ". Attached to the contract, as Exhibit "A ", is the most recent draft of the proposed changes. You will notice that many of the suggestions that the Authority made on the previous draft have been incorporated. A bedroom has been eliminated and replaced with a better entryway /mudroom/laundry and the bathroom has been enlarged. Staff and Sean Lennox are meeting with a focus group at the Senior Center on January 5th to get their comments on the current draft. The group is a mix of seniors that have already made changes to their homes and those that are considering making changes to their homes. This is a wonderful opportunity for us to find out what seniors want and need to stay in their homes and incorporate them into the plan. We will work quickly after the meeting to provide an updated/final copy of Exhibit "A" at next week's meeting. Likewise, Exhibit "B ", the budget for the work, will be finalized and provided at the same time. We do not intend to spend more than $60,000 for the upgrades, as this will allow us to market the home for a competitive price. Recommendation: Staff recommends the Authority approve the agreement with Lennox Builders to complete the Home Improvement Demonstration Project. Attorney Casserly has reviewed and approved the attached agreement. A. Access. The Authority shall provide access to and make all provisions for the Redeveloper to enter the home as required for the Redeveloper to complete the Project. B. Consideration of the Redeveloper's Project. The Authority shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Redeveloper, and shall inform the Redeveloper of all decisions required of Authority within a reasonable time so as not to delay the work of the Redeveloper. C. Standards. The Authority shall furnish the Redeveloper with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required for the Project. D. Owner's Representative. Paul Bolin shall be appointed to act as the Authority's representative with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the Authority's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment The Redeveloper shall submit to the Authority on a monthly basis, following deadlines for payments found in Exhibit "C ", an itemized invoice for the balance of materials and work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the Authority for A. Progress Payment. After the Authority has issued a work order, Authority will pay Redeveloper 90 percent of the invoices submitted to the Authority in accordance with the provisions of this Paragraph 5. Any amount retained by the Authority shall be paid by the Authority upon Project completion and acceptance of the project by the Authority and the issuance of a Certificate of Occupancy by the City. Each invoice shall contain the Authority's project number and a progress summary showing the original (or amended) amount of the budget under this agreement, current billing, past payments and unexpended balance of the budget. The summary shall also include a summary description of the work performed on the project and the work that has not been completed. B. Suspended Project. If any work performed by the Redeveloper is suspended in whole or in part by the Authority, the Redeveloper shall be paid for any work performed prior to receipt of written notice from the Authority of such suspension. C. Payments for Subcontractors. The Redeveloper shall be reimbursed for the work of subcontractors, as described in this paragraph 5. The Redeveloper shall require subcontractors to submit the same billing 2 information required of the Contractor in paragraph A of this section and shall provide a copy to the Authority. D. Claims. To receive any payment on this Agreement, the invoice or bill must include a lien waiver and a sworn construction statement with the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Redeveloper has designated Sean Lennox to serve as Project Manager who shall be assisted by other staff members of Redeveloper as necessary to facilitate the completion of the Project in accordance with the terms established herein. 7. Standard of Care. The Redeveloper's performance pursuant to this Agreement shall be in accordance with the standard of care in Anoka County, Minnesota for work of like kind. B. Audit Disclosure. Any reports, information, data, etc, given to, or prepared or assembled by the Redeveloper under this Agreement which the Authority requests to be kept confidential, shall not be made available to any individual or organization without the Authority's prior written approval. The books, records, documents and accounting procedures and practices of the Redeveloper or other parties relevant to this Agreement are subject to examination by the Authority and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract The Redeveloper shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Redeveloper. The Redeveloper shall immediately inform the Authority if the Redeveloper receives a request for information under the Data Practices Act. The Authority will cooperate with the Redeveloper in responding to the request for information. 9. Termination. This Agreement may be terminated by either party by thirty (30) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Redeveloper, the Redeveloper shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the Authority terminates the Agreement because the Redeveloper has failed to perform in accordance with this Agreement, no further payment shall be made to the Redeveloper, and the Authority may retain another Redeveloper to undertake or complete the work identified in Paragraph. 10. Subcontractor. The Redeveloper shall not enter into subcontracts for services provided under this Agreement, without the express written consent of the Authority. The Redeveloper shall pay any subcontractor involved in the performance of this Agreement within the twenty (20) days of the Redeveloper's 3 �d receipt of payment by the Authority for undisputed services provided by the subcontractor. If the Redeveloper fails within that time to pay the subcontractor any undisputed amount for which the Redeveloper has received payment by the Authority, the Redeveloper shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Redeveloper shall indemnify and defend the Authority from any and all claims made by the Subcontractor for work performed for Contractor, including but not limited to, claims made that result in any mechanics' lean on the property. 11.1ndependent Contractor. At all times and for all purposes herein, the Redeveloper is an independent contractor and not an employee of the Authority. No statement herein shall be construed so as to find the Redeveloper an employee of the Authority. 12. Non - Discrimination. During the performance of this Agreement, the Redeveloper shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Redeveloper further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Redeveloper not specifically provided for herein shall be honored by the Authority. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Redeveloper shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Redeveloper and Authority, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 12 violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the Authority to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall. not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Redeveloper agrees to defend, indemnify and hold the Authority, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Redeveloper, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Redeveloper fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Project, Redeveloper shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Redeveloper or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the Authority as an additional insured for the services provided under this Agreement and shall provide that the Redeveloper's coverage shall be primary and noncontributory in the event of a loss. B. Redeveloper shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Employer's Liability Comprehensive Liability Comprehensive Automobile Statutory Limits $500,000 each accident $500,000 disease policy limit $500,000 disease each employee $1,000,000 properly damage per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense N Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non -owed vehicles). Umbrella or Excess Liability $2,000,000 C. The Comprehensive General /Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Redeveloper agrees to maintain this coverage for a minimum of two (2) years following completion of its work. C. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. Additional Insured Endorsement(s), naming the "Housing and Redevelopment Authority in and for the City of Fridley" as an Additional insured, on ISO form CG 20 10 1185, or CG 20 10 10 01 and CG 20 37 10 01, or an endorsement(s) providing equivalent coverage to the Additional Insureds. ISO form CG 20 10 07 04, and later versions of said form, are not acceptable. g. If the Project to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Projecters' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Redeveloper shall maintain in effect all insurance coverages required under this Paragraph at Redeveloper's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A -, unless specifically accepted by Authority in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ( "claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be applied on a "per project" basis; c. All policies, except the Professional Liability Insurance and Projecter's Compensation Policies, shall contain a waiver of subrogation naming the Authority; d. All policies, except the Professional Liability Insurance and Projecter's Compensation Policies, shall name the Authority additional insured; e. All policies, except the Professional Liability Insurance and Projecter's Compensation Policies, shall insure the defense and indemnity obligations assumed by Redeveloper under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non - renewed or restrictive modifications added, without thirty (30) days prior written notice to the Authority. A copy of the Redeveloper's insurance declaration page, Rider and /or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with Authority prior to the start of Redeveloper's work on the Project. Such documents evidencing Insurance shall be in a form acceptable to Authority and shall provide satisfactory evidence that Redeveloper has complied with all insurance requirements. Renewal certificates shall be provided to Authority prior to the expiration date of any of the required policies. Authority will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Redeveloper of any deficiencies' in such documents and receipt thereof shall not relieve Redeveloper from, nor be deemed a waiver of Authority's right to enforce the terms of Redeveloper's obligations hereunder. Authority reserves the right to examine any policy provided for under this paragraph. E. Effect of Redeveloper's Failure to Provide Insurance. If Redeveloper fails to provide the specified insurance, then Redeveloper will defend, indemnify and hold harmless the Authority, the Authority's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the Authority (including sole negligence) and regardless of the extent to which the underlying occurrence the event giving rise to a claim which would have been covered h by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Redeveloper, its subcontractors, agents, employees or delegates. Redeveloper agrees that this indemnity shall be construed and applied in favor of indemnification. Redeveloper also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the Authority may require Redeveloper to: a. Furnish and pay for a surety bond, satisfactory to the Authority, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Redevelopers insurance company. Redeveloper will take the action required by the Authority within fifteen (15) days of receiving notice from the Authority. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ( "Information ") shall become the property of the Authority, but Redeveloper may retain copies of such documents as records of the services provided. The Authority may use the Information for its purposes and the Redeveloper also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ( "Project ") does not relieve any liability on the part of the Redeveloper, but any use of the Information by the Authority or the Redeveloper beyond the scope of the Project is without liability to the other, and the party using the information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute ResoludonlMeckadon. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Mediation shall be held in the City of Fridley unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the Authority and no member of the Authority Board shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable Minnesota statutes shall not be violated. 25. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. KM: 4826- 8016 -7685, v. 1 0j THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MN M Lawrence Commers, Chairperson William Burns, Executive Director LENNOX BUILDERS, NC. By: ` Sean Lennox Its: LiLu By signing above, the official of the Contractor certifies that he /she is duly authorized to bind the Contractor to the terms of this agreement. n V io 7 0 s O (D 5' -8" ���b►k A Adaptive Reuse 0 7116 11 na-: s.s co Adapted Kitchen Large passage way, 2 ways in Wide hallways Over sized doors 1 w N O 1 (O \N N fi Exhibit "c" The Redeveloper shall submit to the Authority on a monthly basis, following deadlines contained below, an itemized invoice for the balance of materials and work performed under this Agreement. See Article 5, Method of Payment, in the agreement for more detail. Submit Invoice By: Receive Payment By: January 5, 2011 January 14, 2011 February 2, 2011 February 11, 2011 March 2, 2011 March 11, 2011 March 30, 2011 April 8, 2011 April 27, 2011 May 6, 2011 May 25, 2011 June 3, 2011 .-, M► ACTION ITEM ri HRA MEETING OF JANUARY 612011 MY OF FRIDLEY Date: December Its, zu1u To: William Burns, City Manager From: Paul Bolin, Asst. Executive HRA Director Subiect• Housing Replacement Program - Phase VI Creation Attached for Authority consideration is a resolution approving Phase VI of the Housing Replacement Program's (HRP) scattered site tax increment - financing district. Just last month the Authority and the Council approved an amended and restated plan for the HRP. Additionally, the Authority and Council added the properties for Phase V into the program. The restated plan gives the Authority the ability to add Phases (parcels) to the program, by resolution. Once a parcel is included in the district, the HRA collects tax increment for a period of 15 years. The increment is used to help cover some of the costs of the program (ie. acquisition, demolition, property maintenance, etc.). Unlike a traditional tax increment district, the HRP is less cumbersome to administer. More information on the program is attached in a memorandum from Attorney Casserly. The parcels included in Phase VI include: T_i 1 434 Liberty Street 2 4757 2nd Street 3 931 Mississi* St PIN 03- 30 -24- 31-0077 26- 30 -24 -32 -00`91 14- 30 -24 -14 -0090 Lot Size Status 90A50 Vacant Structure 74x131 Vacant Structure 75x128 'Vacant Structure Recommendation Acquisition Cost $55,717 $81,303 $127,500 Staff recommends that the Authority approve the attached resolution amending the Housing Replacement Program to include Phase VI. - al GIS :411• 117M VWli ff M®NROE MO)WESS BERG�P James R. Casserly jasserly@mmblawfirm.com Direct 952.885.1296 &I:I &[W:b1- bill 8 8000 Norman Center Drive t 952.885.5999 Suite 1000 F 952.885.5969 Minneapolis, MN 55437 -1178 www.MMBLawFirm.com To: City of Fridley Housing and Redevelopment Authority Attn: Paul Bolin, HRA Assistant Executive Director Attn: Scott Hickok, Community Development Director Attn: Bill Burns, City Manager From: James R. Casserly, Esq. Date: December 29, 2010 Re: Fridley Housing Replacement Program Phase VI Our File No. 9571 -13 INTRODUCTION The HRA on December 2, 2010 and the City Council on December 13, 2010 adopted a Restated Housing Replacement District Plan (the "Plan ") for Housing Replacement District No. 1 (the "District ") and also added two additional parcels to the District. The Plan and the addition of parcels was the result of changes to the Housing Replacement Program authorized by recent legislation (Laws of Minnesota 2010, Chapter 216, Section 42). _ The Plan now allows the HRA, on its own initiative, to add or delete parcels to the District. The Plan specifies the criteria for the inclusion of parcels in the District and the procedure for adding those parcels. The pertinent sections are below: Section 1.5. Criteria for Inclusion in the District. At the time of Plan approval, the Authority cannot identify all parcels that will ultimately be included in the District. As a result, the Authority has set forth the following criteria to be used in selecting future parcels for inclusion in the District. The proposed parcel must comply with the Plan goals and must satisfy one of the following criteria: (1) be a vacant site; (2) contain a vacant house; or, (3) contain a house deemed structurally substandard pursuant to Minnesota Statutes, Section 469.174, Subd. 10. Parcels included in the District are designated as sites that will be prepared and sold for the development or rehabilitation of Market Rate Housing. Following certification, some of the Parcels included in the District may be subdivided and utilized for the construction of more than one housing unit. Records documenting the original site conditions and eligibility of each Parcel certified for inclusion in the District are on file in the offices of the Fridley Housing and Redevelopment Authority, 6431 University Avenue NE, Fridley, Minnesota. Section 1.6. Procedure for Adding Parcels to the District. Following adoption of this Plan by the City and Authority, and certification of the Parcels listed in the Phases herein, the Board of Commissioners of the Authority may identify by resolution, at any time, any additional Parcels to be added to the District. No more than 100 Parcels may be included in this District. These Parcels may be added at any time without formal modification of this Plan, provided the designated Parcels meet the criteria listed above. PHASE VI In accordance with the above, the HRA may include parcels by resolution. The process is to amend the District by adding Phase VI which contains three parcels. Phase VI which is Article VII of the Plan describes the parcels (Section 7.1 and Section 7.9), the estimated project costs (these have already been included in the budget just approved by the City and the HRA), the limitation of eligible market value (the completed housing must be sold for less than 150% of the average market value of single family housing in the City), the original tax capacity, the estimated tax capacity, the original tax capacity rate, the estimated tax increment and the duration limits. RESOLUTION To add the three new parcels to the District, the HRA must adopt the attached Resolution. This Resolution is similar to other resolutions adopted by the Authority for the Housing Replacement Program. The Resolution with the Recitals identifies the appropriate law and previous authorizations by the City Council and the HRA. The Findings in the Resolution have the Authority declare that the intended reuse of the property is market rate, owner occupied housing pursuant to the Act and the Plan (Section 2.04) and also provides a running total of the parcels that are included in the District (Section 2.05). K TAX INCREMENT ANALYSIS Also attached is a Tax Increment Analysis for just the parcels in Phase VI. This analysis is not part of the Plan. When the Plan was restated in December, a tax increment analysis was done for all the remaining potential parcels to be included in the District. The enclosed three page analysis for Phase VI would, in reality, be part of the larger analysis that was previously adopted. However, we thought it would be helpful to show just the three parcels so there is an analysis of the increment generated along with a sources and uses. We have also provided a calculation of the required 25% local match. Please note that the match is based on net redevelopment costs not the total project costs. CONCLUSION Going forward, the HRA will have a much simpler and certainly quicker process for either adding or deleting parcels from the District. The inclusion or deletion of parcels and the appropriate resolution can be adopted at any regular or special meeting of the HRA. This process should help achieve the HRA goals of reducing costs and meeting the demands of the marketplace. Please let us know if we can provide you with any additional information. JRC /al Enclosures MMB: 4823 - 7663 -7448, v. 1 3 HRA RESOLUTION NO. RESOLUTION APPROVING AND ADOPTING THE ADDITION OF PHASE VI TO HOUSING REPLACEMENT DISTRICT NO. 1 BE IT RESOLVED by the Board of Commissioners (the "Commissioners ") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority ") as follows: Section 1. Recitals. 1.01. It has been proposed that the Authority approve and adopt the addition of Phase VI to Housing Replacement District No. 1 (the "District "), pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, as amended; Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47; Laws of Minnesota 1996, chapter 471, article 7, section 22; Laws of Minnesota 1997, chapter 231, article 10, section 13; Laws of Minnesota 2002, chapter 377, article 7, section 6; Laws of Minnesota 2008, chapter 154, article 9, section 19, and Laws of Minnesota 2010, Chapter 216, Section 42 (collectively "The Act "). 1.02. By City Resolution 66 -1995 adopted October 23, 1995, the City Council of the City (the "Council ") adopted a resolution approving a Housing Replacement District Plan and creating Housing Replacement District No. 1. 1.03. By City Resolution 2010 -99 adopted December 13, 2010, the Council approved a Restated Housing Replacement District Plan (the "Plan ") enabling the Authority to add parcels to or delete parcels from the District. 1.04. The Act and the Plan specify the procedures whereby parcels may be added to and deleted from the District. 1.05. It has been proposed that three parcels to be included in Phase VI be added to the District. Section 2. Findings. 2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt Phase VI to the District to achieve the Authority's and City's goal for acquiring blighted, undeveloped, or underdeveloped parcels for redevelopment or rehabilitation, and for resale as market rate housing. 2.02. The Authority hereby finds, determines and declares that the three parcels in Phase VI qualify for inclusion in the District pursuant to the Act and the Plan; and that the reasons and supporting facts for this determination are retained and available at the Authority Offices. 2.03. The Authority further finds, determines and declares that the parcels to be added to and certified within the District includes three vacant single - family dwellings located at: Parcel 1 434 Liberty Street PIN 03- 30 -24 -31 -0077 Parcel 2 4757 2nd Street PIN 26- 30 -24 -32 -0091 Parcel 3 831 Mississippi Street PIN 14- 30 -24 -14 -0080 2.04. The Authority further finds, determines and declares that the intended reuse of these properties is market -rate, owner - occupied housing, pursuant to the Act and the Plan. 2.05. The Authority further finds, determines and declares that there are now 27 parcels in the District with the inclusion of the three Phase VI parcels. The maximum number of parcels that can be included in the District is 100 parcels. Section 3. Approval of Phase VI to the District. 3.01. The inclusion of the three Phase VI parcels to Housing Replacement District No. 1 is hereby approved and adopted by the Commissioners of the Authority. Section 4. Certification of Parcels. 4.01. The Authority shall cause this Phase to be filed with the Minnesota Department of Revenue, the Office of State Auditor and request that the parcels be certified with Anoka County. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS DAY OF , 2011. ATTEST: William W. Burns, Executive Director MMB: 4832 - 3509 -3000, v. 1 2 Lawrence R. Commers, Chairman a ARTICLE VII PHASE VI Section 7.1. Specific Development Activity. As of January 6, 2011, the Authority intends to enter into the following proposed development activity for this Phase: to acquire and develop the property located in Fridley, Anoka County, Minnesota, identified as follows: Parcel 1 434 Liberty Street PIN 03- 30 -24 -31 -0077 Parcel 2 4757 2nd Street PIN 26- 30 -24 -32 -0091 Parcel 3 831 Mississippi Street PIN 14- 30 -24 -14 -0080 Section 7.2. Estimated Project Costs. The estimated Project Costs for this Phase are listed on Exhibit I -A under Housing Replacement Program Budget Additional Phases. Section 7.3. Estimated Market Value. The estimated market value for the housing unit in this Phase cannot exceed 150% of the average market value of single family housing in the City. As of January 2, 2010, the average market value of single family housing in the City is $175,200 and 150% of that number is $262,800. Upon completion of this Phase, the market value of the housing units included within the Phase is estimated to be $200,000 each. Section 7.4. Original Tax Capacity. The original tax capacity for each parcel of this Phase, as most recently certified by the Commissioner of Revenue on January 2, 2010, is estimated as follows: Parcel 1 $563.00 Parcel 2 $547.00 Parcel 3 $548.00 Section 7.5. Estimated Captured Tax Capacity. Upon completion of the proposed development activity, the estimated captured tax capacity of this Phase, on January 2, 2012, is estimated to be $4,342. Section 7.6. Original Tax Capacity Rate. The pay 2010 tax capacity rate for each Parcel in this Phase is as follows: Parcel l Parcel 2 Parcel 3 .94964 .99423 1.13820 Section 7.7. Estimated Tax Increment. Tax increment for this Phase has been calculated at $4,034 assuming a static tax capacity rate and a valuation increase of two and one half percent (2.5 %) compounded annually. 7 -1 Section 7.8. Duration Limits. Tax increment from the parcels in this Phase is payable to the Authority for fifteen (15) years from the date of receipt of the first tax increment. Assuming the first tax increment is received in 2013, it is estimated that the parcels in this Phase will terminate in 2028. Section 7.9. Identification of Parcels. The parcels to be included in this Phase are identified in 7.1 above and are illustrated on the attached Exhibit VII—A. MMB: 4830 - 7734 -2472, v. 1 7 -2 t-� CITY OF FRIDLEY Housing Replacement Program - Phase VI ASSUMPTIONS 1.2.20101 Pay 2011 ISD# Watershed Land Building Total Original Market Values 1 434 Liberty Street 03- 30 -24 -31 -0077 11 6 Cities WMO $ 56,300 $ 55,000 $ 111,300 2 4757 2nd Street 26 -30- 24-32 -0091 13 6 Cities WMO $ 54,700 $ 78,900 $ 133,600 3 831 Mississippi St 14-30 -24- 14-0080 14 RCWD $ 54,800 $ 96,200 $ 151,000 Total Original Market Value $ 165,800 $ 230,100 $ 395,900 Original Tax Capacity - Land Only 165,800 Orig MV @ 1.00% Class Rate = 1,658 Estimated Market Value 3 units @ 200,000 per unit = 600,000 Estimated Tax Capacity 3 units @ 2,000 per unit = 6,000 Estimated Tax Increment - annual 3 units @ 1,345 per unit = 4,034 Estimated Tax Increment - Total PV 3 units @ 18,629 per unit = 55,887 Local Tax Rate ISD #11 ISD #13 ISD #14 Average City of Fridley 0.32258 0.32258 0.32258 County of Anoka 0.35189 0.35189 0.35189 ISD 0.19939 0.24398 0.38795 Other 0.07578 0.07578 0.09052 Total Local Tax Rate 0.94964 0.99423 1.15294 1.03227 Admin Fees 10.00% State Auditor Fee 0.360% Inflation (after 2 yrs of full value) 2.50% Present Value Rate 12/1/2010 3.50% HRP Phase 8a xis Prepared by Monroe Moxness Berg PA 12/15/2010 CITY OF FRIDLEY Housing Replacement Program - Phase VI CASH FLOW AND PRESENT VALUE ANALYSIS <_-- -- ANNUAL ----> <--- ---- -_ SEM! - ANNUAL (a) (b) (c) (d) (e) M (9) h (1) (I) Original Estimated Captured Est. T.I. Less: Available Cumulative <- Present Value -> Tax Tax Tax d x Admin Tax Avall. Tax Semi Annual Cumulative Date Capacity I Capacity Capacity 1.03227 Fees Increment Increment Balance Balance see assumptions) c - b - St. Aud. Fee e x e - Total of P.V. of Total of i 2.5% inflation (prev. year)l 0.360% 10.00% 3.50% 12/01/10 06/01110 1,658 1,658 0 0 0 0 0 0 12/01/10 1,658 1,658 0 0 0 0 0 0 06/01/11 1,658 1,658 0 0 0 0 0 0 0 12/01/11 1,658 1,658 0 0 0 0 0 0 0 06/01112 1,658 1 6,000 0 0 0 0 0 0 0 12/01/12 1,6581 6,000 0 0 0 0 0 0 0 1 06/01/13 1,6581 6,000 4,342 2,233 223 2,010 2,010 1,843 1,843 12101/13 1,658 6,000 4,342 2,233 223 2,010 4,019 1,811 3,654 2 06/01/14 1,658 6,150 4,342 2,233 223 2,010 6,029 1,780 5,434 12/01/14 1,858 6,150 4,342 2,233 223 2,010 8,039 1,749 7,183 3 06/01/15 1,658 6,304 4,492 2,310 231 2,079 10,118 1,779 8,961 12/01/15 1,658 6,304 4,492 2,310 231 2,079 12,197 1,748 10,709 4 06101/16 1,658 6,461 4,646 2,389 239 2,150 14,347 1,777 12,486 12/01/16 1,658 6,461 4,6461 2,389 239 2,150 16,498 1,746 14,232 51 06/01/17 1,658 6,623 4,8031 2,470 247 2,223 18,721 1,774 16,007 12/01/17 1,658 6,623 4,803 2,470 247 2,223 20,944 1,744 17,750 6 06/01/18 1,658 6,788 4,965 2,553 255 2,298 23,242 1 1,771 19,522 12/01/18 1,658 6,788 4,965 2,553 255 2,298 25,540 1,741 21,263 7 0601/19 1,658 6,958 5,130 2,638 264 1 2,375 27,915 1,768 23,031 12/01/19 1,658 6,958 5,130 2,638 264 2,375 30,289 1,738 24,769 8 06/01/20 1,658 7,132 5,300 2,726 273 2,453 32,742 1,764 26,533 12101/20 1,658 7,132 5,300 2,726 273 2,453 35,196 1,734 28,267 9 06101/21 1,658 7,310 5,474 2,815 282 2,534 37,729 1,760 30,027 12/01/21 1,658 7,310 5,474 2,815 282 2,534 40,263 1,730 31,757 10 06/01/22 1,658 7,493 5,652 2,907 291 1 2,616 42,879 1,755 33,512 12/01/22 1,658 7,493 5,652 2,907 291 2,616 45,495 1,725_ _ 35,237_ 11 1 06/01/23 1,658 7,681 5,835 3,001 300 2,701 48,196 1,750 36,988 12/01/23 1,658 7,681 5,835 3,001 300 2,701 50,897 1,720 38,708 12 06/01/24 1,6581 7,873 6,023 3,097 310 2,788 53,685 1,745 40,453 12/01/24 1,658 7,873 6,023 3,097 310 2,788 56,472 1,715 42,168 131 06/01/25 1,658 8,069 6,215 3,196 320 2,876 59,348 1 1,739 43,907 12/01125 1,658 8,069 6,215 3,196 320 2,876 62,225 1,709 45,617 141 06/01/26 1,658 8,271 5,411 3,297 330 2,967 65192 1,733 47,350 12/01/26 1,658 8,271 6,411 3,297 330 2,967 68,160 1,703 49,053 151 06101/27 1,6581 8,478 6,613 3,401 340 3,061 71,221 1,727 50,780 12/01/27 11658 8,478 61613 3,401 340 3,061 74 281 1,697 52,477 16 06/01/28 1,658 8,690 6,820 3,507 351 3,157 77,438 1,720 54,196 12/01/28 1,658 8,690 6,820 1 3,507 351 3,157 80,595 1,690 55,887 89,550 8,955 80,5951 80,595 55,887 55,887 HRP Phase 6a.xis Prepared by Monroe Moxness Berg PA 12/15/2010 CITY OF iFRIDLEY Housing Replacement Program - Phase VI SOURCES AND USES 434 Liberty Street 4757 2nd Street 831 Mississippi St O LS T-7 NEW PARCELS SOURCES Tax Increment 18,629 18,629 18,629 55,887 Selling Price 40,000 130,000 .180,000 350,000 Less Costs of Sale 4,000 9,100 12,600 25,700 Required 25% Local Match 9,929 5,101 5,025 20,055 Other * 11,159 3,327 3,554 4,278 - Total Sources $ 75,717 $ 141,303 $ 187,500 $ 404,520 USES Acquisition Costs - net 65,717 81,303 127,500 274,520 Acquisition - Holding Costs 0 Demolition 10,000 10,000 Rehab Cost 60°,000 60,000 120,000 Site Preparation - non - environmental 0 Site Preparation - Environmental 0 Contingent 0 Interest 0 Administrative 0 _ Total Uses $ 75,717 $ 141,303 $ 187,500 $ 404,520 71 01 01 0 �` State County, Regional or Federal Grants; tax credit or incentives; non- profit investment /contribution. Other available tax increment, HRA General Levy, land sale proceeds or other HRA available funds. Calcuation of Required 26% Local Match - Total Uses 75,717 141,303 187,500 404,520 Selling Price (40,000) (130,000) (180,000) (350,000) Less Costs of Sale 4,000 9,100 12,600 25,700 Net Redevelopment Costs $ 39,717 $ 20,403 $ 20,100 $ 80,220 X 25.0% 25.0% 25.0% 25.0% Required 25% Local Match 9,929 5,101 5,025 20,055 0 0 0 0 I HRP Phase 6a.xls Prepared by Monroe Moxness Berg PA 12115/2010 TO: William W. Burns, Executive Director FROM: Paul Bolin, Assistant Executive Director SUBJECT: Preliminary 2011 Budget With the Holidays and recent changes in the staffing of the Finance Department, the draft budget is not yet in the format needed for inclusion in this packet. A draft of the preliminary 2011 Budget will be e- mailed out early next week. Next Thursday night staff will give a brief presentation on the highlights of the draft 2011 budget. Finance and Authority Staff will be available to answer any questions that the Commissioners may have on the proposed budget. The HRA's input will lead to staff making revisions to the draft budget and then presenting a final version for consideration at the February HRA meeting. M—Paul's Documents\HRA\HRA Agenda ltems\201 I Vanuary 6, 2011\Jan(2011 PreliminaryBudget Memo).doc Fridley HRA Housing Program Summary Cover Page January 6, 2011 HRA Meeting Report Loan Application Summary Loan Origination Report Remodeling Advisor Description Loan application activity (e.g. mailed out, in process, closed loans) for December and year -to -date. Loan originations for December and year -to -date. Shows the number of field appointments scheduled and completed for the Remodeling Advisor Services administered by Center for Energy and Environment. "'D Ro�- 4 &" IJC. S V\ o-� c� 1 Q 1 e L--'--5 r i y� L � �.5 i o•-� 1� �� Gke� Pf- o ✓ t'A C- C� mot-- V",-c,-'t w-c -0-- w\-r- -e - H: \—Paul's Documents\HRA\HRA Agenda Items\201 Wanuary 6,201 Mousing Program CoverJanuary.doc