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HRA 12/01/2011 - 6553December 1, 2011 HRA Meeting Regular Meeting Agenda 7.00 p.m. Call to order Roll call. Action Items 1. Approval of expenditures 2. Approval of November 3, 2011 Meeting Minutes 3. Approval of 2012 Budget 4. Approve Fund Balance Policy 5. Approval of Resolution Committing Specific Revenue Sources in the Housing Loan Special Revenue Fund 6. Approve Contract for Blight Analysis Informational Items 1. Housing Replacement Program Update 2. 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Approval of Expenditures MOTION by Commissioner Holm to approve the expenditures as presented. Seconded by Commissioner Gabel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Approval of October 6, 2011 Meeting Minutes Commissioner Gabel noted a correction for the last page: change Sandy Site to Sandy's Restaurant. MOTION by Commissioner Holm to approve the minutes as amended. Seconded by Commissioner Eggert. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Award GWNE Broker Contract Housing Redevelopment Authority Meeting of November 3, 2011 2 Paul Bolin, HRA Assistant Executive Director, said that for a number of months staff and the Authority have discussed hiring a broker to help market the five acres of vacant land along University Avenue in what we have been calling the Gateway Northeast area. Mr. Bolin said that in September the Authority authorized staff to move forward with issuing a request for qualifications to select a broker for these properties. Brokers were evaluated based on their commercial experience in the area, their marketing methods, and their ability to work with and attract different market segments to the Fridley area. Mr. Bolin said that two very professional brokerage groups were interviewed and after doing some follow up staff unanimously selected Premier Commercial Properties. Premier has expertise in the local market, key contacts in various market segments; including medical offices and senior housing. Premier also has a proven record as both a broker and as a development partner; one of their more visible projects is the Fridley Medical Center on Osborne Road. Mr. Bolin said that staff believes that Premier has the right combination of ability, experience and contacts to bring a project to the Gateway Northeast Area and is recommending that the Authority approve a motion awarding Premier a one year contract to broker the properties. Mr. Bolin said that rather than a straight 6% commission on any land sold, the Authority will pay fifty cents per square foot for any land transferred during the listing period. This would allow the Authority more options in disposing of the property for example if the project of a lifetime is proposed for the site, and the Authority must give the land to the developer for the project to happen, the broker would be reimbursed for their time and efforts. Mr. Bolin said that in order to address any potential conflicts with the fact that Premier is both a Property Broker and at times a Developer, language has been added to the Dual Agency Disclosure portion of the agreement. Specifically, no commission will be paid to Premier if they have any ownership share in any development group that purchases land. Mr. Bolin said that while this is a fairly short notice, we have discussed the listing of this property for some time and the Authority formally authorized the Request For Qualification process to select a broker back in September. If the Authority has major concerns that can't be addressed tonight, we can always wait until December for approval. However, this document is simply the mechanism needed to engage the broker selected from the thoroughly conducted Request for Qualification selection process. Staff believes that Premier has the ability, experience, and contacts to bring a project to GWNE. Chairperson Commers noted that the developer has worked on several developments in Fridley. Housing Redevelopment Authority Meeting of November 3, 2011 3 Rodney Lee, Premier Commercial Properties, answered yes; the Fridley Medical Center is just one of the property's they worked on, all other properties are featured in the brochure. Chairperson Commers asked if Mr. Lee had any preliminary thoughts about developing this parcel of land. Mr. Lee said this site is difficult because the lots are so narrow which isn't ideal for retail development, but there are different options to consider. He doesn't personally deal with development in senior housing but does work with developers that do. Maybe a medical condo would work with the light rail being so close; he has several ideas in mind. More people were looking for space than what was available when they were building the Fridley Medical Center so he may go back to those people to see if they are interested in space in this area. Chairperson Commers asked if Jim Casserly looked at the listing agreement. Jim Casserly, Development Consultant, answered yes; this agreement requires a good working relationship because we don't have a set price. We need flexibility because we are not sure what will go on that site. The broker has to assume that we will respond positively to good projects. That is why the arrangement written this way. We think that paying a brokerage fee based on 50 cents per square foot on any property that is closed is a reasonable arrangement. Commissioner Meyer asked if medical facilities were tax exempt. Mr. Lee replied that medical facilities pay full real estate taxes. Fridley Medical Center pays full taxes; almost $500,000 per year. Commissioner Eggert asked for Mr. Lee to define what role he played in the developments; broker or developer. Mr. Lee replied that he was the broker of the volleyball courts and on other projects he played both broker and developer or co- developer. He doesn't see himself as the developer on this site unless a situation would arise. They have relationships with other developers who would have interest in working in this area and it may be split between two or even three developers. The site is long and narrow with areas that are not continuous. Commissioner Eggert asked if a client wanted to do something without development ability if Mr. Lee would develop for them. Mr. Lee answered yes. When they look at a project like this, they have ideas; staff has ideas and quite often they will get a call from someone they didn't think of that will offer a nice fit. You don't know until you go out there to market the property who will come forward. They have very strong marketing experience. Commissioner Holm asked what happens if a plan is presented that the Authority doesn't like. Mr. Lee said they don't pay. Housing Redevelopment Authority Meeting of November 3, 2011 4 Mr. Casserly said that is why we have to consent to whatever the sale is and there needs to be a good working relationship. Mr. Lee said that as brokers, if someone has a concept they have to bring it to the Authority for approval. Commissioner Gabel asked for confirmation that they don't expect to find one developer to develop the entire site. She was concerned about continuity and the flow of the buildings if there was more than one developer. Mr. Lee did not know. Because of the layout of this area with streets breaking up the area, it will be hard to lay out a single development. If the area were five acres in one chunk, one piece of property that would be much easier. This is 135 feet wide and very long; it will be hard to have one developer figure out what to do with the space. If we go with a medical condo and all of a sudden we have a developer who would do it all; that would be wonderful. But you may have senior housing, medical condos and one other user, we just don't know. Commissioner Gabel wants to make sure there is continuity if there is more than one developer. MOTION by Commissioner Gabel to Award the GWNE Broker Contract. Seconded by Commissioner Holm. Commissioner Holm asked for confirmation that this is a one year agreement. Chairperson Commers replied yes. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Approve Exclusive Development Agreement with Real Estate Recycling Paul Bolin, HRA Assistant Executive Director, said that Real Estate Recycling is a redevelopment group led by Paul Hyde and specializing in heavily polluted sites is currently working to secure ownership of the 135 acres located at 4800 East River Road, currently the home of BAE, Industries. Mr. Bolin said that Mr. Hyde has approached the Authority to discuss the potential for assistance with the clean up and future redevelopment of the BAE site. Tonight, Mr. Hyde is simply seeking an interim agreement to discuss redevelopment of the site with the Authority. Mr. Bolin said that the purpose of the Interim agreement is quite simple. The agreement states that as Mr. Hyde works to secure the property, develop concept plans, and complete his due diligence; the Authority will not allow other developers to take Mr. Hyde's work and ask us for Housing Redevelopment Authority Meeting of November 3, 2011 5 assistance on the same site. The agreement also says the HRA will consider providing some assistance if the project turns out to be feasible. Mr. Bolin said the Interim agreement is just that, temporary and preliminary and does not obligate the Authority to provide any assistance to a future redevelopment project. The Interim agreement allows Mr. Hyde and the Authority to explore all of the potential costs and benefits to doing a redevelopment project on this site. Mr. Bolin said that there are a number of key steps that need to happen in a very short timeframe to keep the Interim agreement in place. Deadlines are spelled out for completing a blight analysis, a concept plan for design and phasing of the redevelopment and financial feasibility analysis. Mr. Bolin said that based-on the schedule, the Authority will really know sometime between February and April if it is worthwhile to pursue a project with Mr. Hyde on this site. It will not be until all of this analysis is complete that the Authority will need to make a decision on whether or not to actually provide any assistance to Mr. Hyde. In the Interim, the agreement requires Real Estate Recycling to pay for all studies and 50% of our development counsels time, if and when the $7,500 retainer we have already received is exhausted. Mr. Bolin said that the Authority has very little financial exposure entering into an Interim agreement with Real Estate Recycling. T he Authority will know within a matter of three to five months if it is feasible to pursue a long term redevelopment agreement with Real Estate Recycling. For these reasons, Staff recommends the Authority adopt the resolution that approves the Interim agreement. The agreement will provide Real Estate Recycling the confidence they need to move forward in their purchase negotiations. Paul Hyde, Real Estate Recycling, said he is excited to work on this significant important project in Fridley. Great progress has been made so far and they are ready to sign the purchase agreement for this site. Chairperson Commers said that this is a new agreement that was received tonight as some changes were made on page one in response to some concerns that were raised. Jim Casserly, Development Consultant, said that we wanted to make sure there was no opportunity for the Authority to be responsible for any relocation expenses; that is the principal reason for that change. On page three there are some language changes. We don't know if there will be other costs associated with the project or requirements for studies of any kind. We don't want to have that exposure if the project doesn't proceed. We are trying to make language read if studies are needed Real Estate Recycling would be responsible for those charges. The blight analysis should not exceed the amount that is in the contract. This is a complicated project; a lot of things need to be done. We need to figure out if the parcel will qualify for a development in a tax inclement district; we need to refine the analysis. Real Estate Recycling needs to figure out Housing Redevelopment Authority Meeting of November 3, 2011 6 how to phase this project; this is a long term multi -year phased in project. This agreement focuses us on what needs to be started in order to go forward with other decisions. It will take a few months to sort all the issues out and we have provided the framework to do that. Commissioner Holm said that he read the agreement and thought it does a good job at protecting both parties. A lot of work needs to be done to see if this project is feasible. This is a one year agreement with 4 -5 deadlines before spring. These deadlines may or may not be achieved. He asked what happens if the deadlines are not met. Mr. Casserly answered that if there were reasons the deadlines cannot be achieved Real Estate Recycling would be before the Authority letting them know why they can't be achieved. We have to have the basic deal put together before we can establish a tax increment district. I'm assuming they have put enough time in the purchase agreement so we will respond positively within that time frame. All these things have to mesh together. It is an aggressive time table that will be starting in the next few weeks. Chairperson Commers said that an agreement has never been done quite like this before. The Authority has always controlled the property beforehand so this is a little different. The assumptions and budgets were just received today so he hasn't had a good chance to study the numbers. He wasn't sure what all the numbers meant or if they had real meaning. Mr. Casserly said that the numbers were very preliminary. They were done to find out if there was any way this could be feasible. We are not sure what the cost will be. The revenue side is a function of what they think can be built on the site and the timing that goes into it. Chairperson Commers said he would not spend a lot of time looking at numbers if they were very preliminary. Mr. Casserly said that the goal is to come back to the Authority in a few months with a better analysis. Chairperson Commers asked how the tax increment would come into play when the project is done in phases. Mr. Casserly replied that tax increment would come in as new values come into the project. Each time there is an addition or increase in value then the increment comes in 18 -24 months after that. The first phase may not create any increment; that is why we have to understand better how some of this will come together. The increment will increase over a period of years. Chairperson Commers asked what the relationship was with BAE and their lease and if anyone knew how many employees they have working there. Mr. Hyde said that they have five years left on that lease. Half is on the market for sublease and a number people have been moved out of the building. Part of our goal is to learn more about their thoughts on the future once the lease is up. We would like to consolidate them to one area and are talking about building a new building. I don't know the exact number of jobs on the site. Housing Redevelopment Authority Meeting of November 3, 2011 7 Mr. Bolin said that currently 675 staff work there. William Burns, City Manager, added that more staff would be moved out of that location; the alternative location in Louisville. Mr. Hyde said that the site could have 3,000 -4,000 jobs once a project is fully developed. Commissioner Meyer asked what would happen, for example, if Real Estate Recycling deposited $10,000 to the city to pay for soil information and surveys that are necessary. Then the project doesn't go through and Real Estate Recycling is out the $10,000 or additional money is needed because of the soil, who pays for that. Mr. Casserly said that the way we tried to design the agreement is the studies that are required as result of reusing the site are their expense. What we need to sort out is how to pay for restructure, utilities etc. The cost of the testing is the responsibility of the developer. We do not have control of the site and can share any information we have. If everything falls through and money is spent for exploratory reasons, such as soil reports etc., the reports to back to the city for other people to use. Mr. Hyde said that Real Estate Recycling will be spending a lot more than $10,000. We will take some risk on that and that is why we want an interim agreement; then we will try to get reimbursed through grant funds. Money will also be spent on site surveys and infrastructure. Once we have figured it out and closed on the site, then it's just executing. This could be a 7 -10 year program. Real Estate Recycling is happy to share whatever information they have with the HRA; they will be public documents. Commissioner Meyer asked if there was anything in the agreement that precludes the city from using that information. Chairperson Commers said no, that information is covered in paragraph six. Commissioner Eggert said that it was mentioned that they were close to putting together a contract; what is close? Mr. Hyde said that they are exchanging drafts and should have it signed in a week. Commissioner Eggert is excited about the project. A project like this takes a lot of time and a solid partnership. He takes comfort in working with this organization going forward. They have worked in our community and they have handled more complex projects than this. Chairperson Commers said he was glad to see this property in redevelopment. We are all glad to be able to work in this partnership with Real Estate Recycling. He does have concerns about what will be developed on this property; he did not want a total warehouse going in there. Fridley was fortunate to get Medtronic to develop a 135 acre campus. He hopes it will be a development that makes the Authority proud and satisfy the financial tax requirements. He does Housing Redevelopment Authority Meeting of November 3, 2011 8 not see any reason not to go forward. He asked if anything can be done with the BAE property on the south end. Mr. Hyde said that most of the south side of the property has been vacated. That is part of what we need to figure out. We are not dead set anything for development. This isn't going to be a low budgeted project; we plan to preserve the front part of the site for something special. We don't know what the numbers will be but we will figure out that in the next six to nine months. Commissioner Gabel said that it would be nice to have something nice out front to anchor the area. MOTION by Commissioner Eggert to approve the Exclusive Development Agreement with Real Estate Recycling. Seconded by Commissioner Meyer. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Intrafund Loan — HRP Becky Kiernan, Accountant, said that seven homes were acquired and demolished in 2010 and 2011. The HRP fund currently has a negative balance. Loaning $600,000 from the interfund will eliminate the negative balance and provide funds for additional purchases. Staff recommends approval of the resolution approving the Interfund Loan. Commissioner Holm was wondering why we call this a loan as we understand this will involve more expenditures than what we will receive. He thought it should be a transfer rather than a loan. Jim Casserly, Development Consultant, said that because the HRP creates some revenue this is the way we need to proceed. If we don't create this type of document we have no way to repay those expenses. We need to document that we are paying and have authorized a number of parcels to be included. Commissioner Gabel wondered when we say we can't pay this back. Mr. Casserly said that the Authority would need to acknowledge that they can't repay and then the general fund can't receive that amount; we leave that part to the accounting experts. Whether they write it off or schedule a repayment it is up to them. Without documenting this we have no ability to revoke the funds we have invested. MOTION by Commissioner Holm to approve the Intrafund Loan. Seconded by Commissioner Gabel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY Housing Redevelopment Authority Meeting of November 3, 2011 9 6. Approve Administration Contract for 2012 Home and Garden Show Paul Bolin, HRA Assistant Executive Director, said that Fridley has been the fiscal agent for the Home and Garden Show for 14 years. (Blaine & Mounds View) Revenues from booth rental cover the expenses for the show. Since 2005, the Home and Garden Show has contracted with Marsha Wagner of Castle Visions to perform all administrative tasks for show. Her work has been excellent and much appreciated by all. Staff recommends approval of the contract authorizing Castle Visions to perform admin work for 2012 Home and Garden Show. Commissioner Gabel asked what the date was for the event. Mr. Bolin answered it is the last Saturday in February. Commissioner Holm asked for the date to be corrected where Marsha Wagner's signature is listed. MOTION by Commissioner Holm to approve the Administration Contract for 2012 Home and Garden Show. Seconded by Commissioner Gabel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY 7. Approve Workers Compensation Insurance for Commissioners Paul Bolin, HRA Assistant Executive Director, said that State Statute allows the HRA Commissioners to be covered by Workers Compensation insurance. Commissioners often attend off -site locations at HRP sites, RD Homes, etc. City Council added workers compensation three years ago. The total cost is less than $100 /year. Staff recommends adopting the resolution enabling Commissioners to be covered by workers compensation in their duties as HRA Commissioners. Commissioner Holm did not think this is necessary and he was not in favor of it. MOTION by Commissioner Meyer to approve the workers compensation insurance for Commissioners. Seconded by Commissioner Eggert. UPON VOICE VOTE, COMMISSIONER GABEL, COMMISSIONER EGGERT, COMMISSIONER MEYER AND CHAIRPERSON COMMERS VOTING AYE, COMMISISONER HOLM VOTING NAY, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED ON A 4 -1 VOTE INFORMATIONAL ITEMS: 1. Home Improvement Demonstration Project Update Housing Redevelopment Authority Meeting of November 3, 2011 10 Paul Bolin, HRA Assistant Executive Director, said that the home on 4757 Second Street had six showings since the October meeting and over 300 viewings on line. At the open house on October 19 almost two dozen people went through the home. All comments about the home are positive and no comments have been received that the price is too high. It is not the price but may be that the location is not desirable to the buyer. Staff will continue to market this home. William Burns, City Manager, said that he has asked Brian Strand to promote the home on the city's cable channel. Chairperson Commers commented that the home looks nice and thought it would be a good idea to market the home on cable. He thought that is something that should be done on all the remodeled properties HRA completes. 2. Housing Replacement Program Update Paul Bolin, HRA Assistant Executive Director, said that the homes on Mississippi, Hugo and Ironton Street will start demolition next week. Those lots will be graded and seeded by November 18. All asbestos has been abated from the properties. The recycling and salvage is complete and the bulk of the hazardous materials has been removed. Public Works staff hand delivered a schedule to neighbors so they know what is happening. Just yesterday staff sent off earnest money and the purchase application for the home at 561 Ironton Street. This is a 74 x 110 lot. Staff will keep looking and try to buy a few more properties over the winter and schedule another demolition for late spring. Chairperson Commers asked if residents were giving any feedback on the homes the Authority is buying, demolishing and rebuilding. Mr. Bolin said that staff do get some comments, but not too many. Most comments are very positive. We are buying the worst of the worst, the ones that should be demolished. 3. Housing Loan Program Update Paul Bolin, HRA Assistant Executive Director, said that for the month of October there were no loans closed and a total of nine loans have been closed year to date. There were two remodeling advisor visits making a total of nine year to date. William Burns, City Manager, reported good news; the Metro Transit did a survey of local employers a few years ago and the survey came back that people want a shuttle service and one will start up in March. The shuttle will run in the morning and evening for local employers. A preliminary map was passed around for Commissioners to review. Dr. Burns is also in the process of looking at the preliminary budget for Fridley and employment has improved. Unemployment is 6.6% for Fridley and 6.3% for Anoka County. Retail has went down and we continue to lose retail jobs. Housing is better than what it was; we are seeing more sales and a decline in the housing inventory. Property values still continue to be Housing Redevelopment Authority Meeting of November 3, 2011 I 1 down but the number of foreclosures in 2011 has dropped dramatically in Fridley. Public assistance still high but not as high as it was in the past; it is up only 9% rather than 16 %. ADJOURNMENT: MOTION by Commissioner Gabel to adjourn. Seconded by Commissioner Eggert. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:20 P.M. Respectfully Submitted, F.-Mu. Krista Monsrud, Recording Secretary COMMUNITY DEVELOPMENT DEPARTMENT HOUSING AND REDEVELOPMENT AUTHORITY Memorandum DATE: November 21, 2011 TO: William W. Bums, Executive Director of HRA FROM: Darin R. Nelson, Finance Director / Paul Bolin, Assistant Director of H Rebecca Kiernan, HRA Accountant SUBJECT: Review of Final 2012 Budget Attached you will find the final 2012 budget document and the cash balances as of September 30, 2011. The budget is divided into three separate categories. The General Fund covers the bulk of the administrative and overhead costs of the HRA. The Housing Loan Program Fund covers the housing related programs and services (CEE programs). The Capital Outlay Funds include all of the tax increment (TIF) districts. We will be available to answer any questions that you may have. Staff revised the layout of the document and removed any decertified TIF districts from the income and expense report section. The only change from the draft budget was the reduction of Administrative fees due to the City. ` Staff recommends that the HRA approve the budget at the December 1st, 2011 meeting. City of Fridley HRA 2012 Final Budget Packet 2011 Cash Balances ................Page (1 -2) 2012 Budget General Fund ...............Page (3 -4) Housing Program ......... Page (5 -6) Tax Increment Districts..Page (7 -15) City of Fridley HRA 2011 Cash Balances As of 9130111 Page 1 Page 2 City of Fridley HRA ' Cash Balances as of 09130/2011 Cash Balances as of September 30, 2011 Fund Description Balance 100 General Fund 2,625,961 - 265 Housing Loan Program 2,790,830 All Districts are now decertiified j 450 Center City - Dist 1 14,490 e R 451 Moore Lake - Dist 2 - Holding until Tax 452 North Area - Dist 3 33,710 Petitions resolved 455 Lake Pointe - Dist 6 131,299 456 Winfield - Dist 7 292,528 458 Onan - Dist 9 1,302,897 Poolable 462 University - Dist 11 57,922 463 McGlynn - Dist 12 23,336 464 Satellite - Dist 13 32,507 Special Legislation 467 57th Ave - Dist 16 36,185 468 Gateway East - Dist 17 29,559 470 Gateway West Dist 18 652 472 Main Street - Dist 19 6,271 474 Gateway NorthEast 328,987 501 Housing Replacement 83,501 Total 7,790,634 Page 2 City of Fridley HRA 2012 Budget General Fund Page 3 N = O m l V Cl) v w O OO O m q co e Q Q Q m o o ' IM LO 1q 10 m m N CI n N W O d .0 0 N Do iOii v N = O m l V Cl) v w O O m q m to W e Q Q Q m G) IM o mq N O tf O aD m m 't v � � or N L° _�m1c E Slg�m .0 0 r — Q L r Co N v N n m ' N oar, O o 0 o o ' i° Om N CD O O N 0 I, r-- °o °o O OoOOO00000o0oO ' o � 000�i00 0 co � M CltUtOm a00N OR m O OWD r a r N N e Q e Q e e e e e e e n; OZm us ;e ;Z'1-0 m .n m n�{: nnn Om O m OOOOOOOOOOOOo M o op0000O m M a O N 0 W o m •= ui C6 .4 N N Cl) O a m q q 't N m p� a N N m m M n N mq N O tf O aD 0809 M o 't v � ao C o L° _�m1c E Slg�m .0 0 O Do iOii v .�.°. � \ Q � � E C: IE ce m QE m �LL O m G= >2o10m c mm 0 c2c W F O N ^2 -- r a CO, NO O p 0V LL P m m fop moaa t'7 /h lh l7 �Maaaa -000 0000 m � o �o�gog °o °o O OoOOO00000o0oO ' o � 000�i00 0 co � M CltUtOm a00N OR m O OWD r a r N N e Q e Q e e e e e e e n; OZm us ;e ;Z'1-0 m .n m n�{: nnn Om O m OOOOOOOOOOOOo M o op0000O m M a O N 0 W o m •= ui C6 .4 N N Cl) O a m q q 't N m O N N N N N Sig m M n N mq N O tf O aD 0809 M o 't v O r co g o L° _�m1c E Slg�m n n N O N m 0 N M O N M M M V!9 0M0a 00 0 COD W m w000 �o0 0C, 0 m m C � �Q Q ad q 0 OOOOOOOOOOOOO 000000000 o O m M O N 0 0 0 Om O P * ° e e e a e e e 2Q2 WE t m m U O00O0000 000000o o O O O 1M O QQ 0Lana) 1i N 0=903900 t. 0 0 N n O M aNDO mW� N ' aD M I M O V' N M r m m � m U. w a c 12 �p LM �Q m Q R cC) c- po(gee 2 E g amo Q c O �g IL Ep'b5 y a v Z f� Cqq o.o Ow 8C) CLW E c E m pp c OU �Qd cUw- L t�± LL 0) 3 D m E O s i a WOOOOOO��OO i•� 000Ma off 0000000000 AM ;;��gqgq44q as ao3ooS000doc Vo Page 4 O a �A Sig t9t > E '0 Ewo pfbEE@iiE O E Lis U 5 c F8- L° _�m1c E Slg�m 0 iiFm-Qwa�xo�3 Do n n N O N m 0 N M O N M M M V!9 0M0a 00 0 COD W m w000 �o0 0C, 0 m m C � �Q Q ad q 0 OOOOOOOOOOOOO 000000000 o O m M O N 0 0 0 Om O P * ° e e e a e e e 2Q2 WE t m m U O00O0000 000000o o O O O 1M O QQ 0Lana) 1i N 0=903900 t. 0 0 N n O M aNDO mW� N ' aD M I M O V' N M r m m � m U. w a c 12 �p LM �Q m Q R cC) c- po(gee 2 E g amo Q c O �g IL Ep'b5 y a v Z f� Cqq o.o Ow 8C) CLW E c E m pp c OU �Qd cUw- L t�± LL 0) 3 D m E O s i a WOOOOOO��OO i•� 000Ma off 0000000000 AM ;;��gqgq44q as ao3ooS000doc Vo Page 4 City of Fridley HRA 2012 Budget Housing Loan Program Page 5 N = O N a Im LL 3 m O m tl LL OO 0o OO W 00 oO °o OO OO o g Cl) 00000 � 0 0 0 0 0 0 0 O O O OOk N CDO p b O O O O O m m [O[q� a P N N c O r Comm N � O/ r 0 0 0 fL to O e x:, Cl) v e° a 0 0 0 0 I� 0m O�'$�� r: W o °'m0 mvu°an ?N��g m m m d c gOC; 0 0 0 0 O o 0 O 0 o m �Aza N O O o 0 0 0 0 o o O O O 0 0 O 0 Cl) 0 0 0 g o a 'COt 0 0 0 0 0 0 0$ V O O OD O �- Cl W CD t<_OO 0 0 0 0 0 0 0 O O c- O O O O <O m (ONrt 0616 6 W 0 N� 1+070 0 a r yN In V, OD O h 0 ' W 1'9 ' W O N O n 1+_7 m N OD W fD IOC. 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Expenses Salaries and Wages 189,432.30 292,194.18 58% 289,584.00 Benefits 22,182.05 28,366.00 78% 37,019.00 Supplies and Materials 909.74 2,5W.00 38% 2,500.00 Purchased Services 42,36825 76,730.W 55% 88,730.0 Other Fhum Uses 3,060.87 2 000.00 153% 3.500.00 237.9W.21 401 790.18 59% 419,313.00 Tow (�ratFUtW 23731 401780 A6 589L s_,:z- 14492739Da Rlttirrcomec'Geaeral�nnd " 8980.11' - .103.8169? "_ -- 8828k00' Housing Program Revenues Other Mlseellenous Revenue - 22,5W.00 0% 22,500.00 Interest on Investment Earnings Interest on Mortgages (Pod 0, 1, 2) 34,624.59 47,000.00 74% 47,000.00 Interest on Mortgages (Poo/3) 1200.79 18D.00 667% 1,300.00 Miscellaneous Revenue (H 8 G Slow 8 deffmmirathn homes) 22,870.00 335 000.00 7% 23.000.00 68 69536 404 880.00 15% 93.8W.00 YO> 811tailll /llss'HWisllihphOpraal898 iO6gB0W J59s, i ag3$DOWi Expenses Purchased Services 122,959.96 161800.00 76% _ 265.800.00 122 95995 181600.00 76% 285.800.00 ,Td b7Exaen aes -Sou inn'ProAram c -322:889:00- : — 161900.00 i�thramas+i iwPloAlam 7$K 6981- - 7149080 TIF Districts Revenues City Revenues Tax Increment 874,925.02 1,539,154.W 57% 1,538,297.00 Tau Increment- Delinquent Years 3,055.67 WA - Residual MV Homestead Credit - WA - 87798DED 1539154.00 57% 1.538297.00 Other Mlacellenous Revenue - 22,038.00 0% 17,438.00 Interest on Inveafinerd Earnings Transfers and Other MtseeBenous Receipts WA 22.038.W 0% 17.438.00 71Dtal tZevsililes 4aFDistrfats 89 1981192' = =' -'. 88% ' _ 3918 �:i Expenses Purchased Services 150,072.63 333200.00 45% 338,100.00 Cap{ Outlay 854,658.10 1,351,930.W 48% 1,328,930.00 Other Finance Uses 32 68923 18,300.00 179% 26.000.00 837,429.9B 1 703 430.00 49% 1.893.038.00 MAW TlFwftbft� RatLlcorl'la ';TIFDist�tr' ; " � " ' _. - < -: .• * r ' -_ -;: g 7 - :. 888,82 ".' ,,� 'a _ � �:.a`, Revs 2011 2,471,479.00 2012 2,155,142.00 318,337.00 Expenses 2011 2266,820.18 2012 2,377,943.00 (111,122.82) U—.%.d thft -Fs Nreoad .d PurP —�d1r Page 15 AGENDA ITEM HRA MEETING OF DECEMBER 1, 2011 O]TY OF FRIDLEY To: William W. Bums, City Manager Paul Bolin, Asst. Executive Director From: Darin R. Nelson, Finance Director Date: November 21, 2011 Re: GASB Statement No. 54 Fund Balance Policy and Resolution Committing Specific Revenue Sources in the HRA's Housing Loan Special Revenue Fund BackgEound The Governmental Accounting Standards Board (GASB) issued Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions, which is effective for calendar years ending December 31, 2011. GASB 54 separates fund balance into five new categories: Nonspendable, Restricted, Committed, Assigned, and Unassigned. Under the old standards there were three categories: Reserved, Designated, and Undesignated. The new categories are more descriptive, and focus on how the HRA plans to use its resources. In addition to revising fund balance definitions, GASB also revised, or reality, tightened the definition for special revenue funds. Under GASB Statement No. 54, a special revenue fund now must have one or more specified restricted or committed revenues as a foundation for the fund and comprise a substantial portion of the fund's inflows. This standard requires Board action to commit specific revenues sources for specified purposes other than debt services or capital projects. For the HRA's Housing Loan Special Revenue Fund, mortgage interest earnings are the specified committed source for the intended purpose of funding home improvement loans and programs. The fund does have other revenue sources, such as general interest earnings and various other minor miscellaneous revenues, but mortgage interest earnings are truly the intended revenue source for the fund. Even though interest earnings and miscellaneous other revenues do not meet the definition of a specified revenue source, these revenues will also be classified as committed fund balance. The requirements to commit fund balance include: • Self - imposed constraint (no external party constraints), • Constraint is for a specific purpose, • Constraint made by the highest level of decision making authority (HRA Board), • Constraint can be removed or changed only by a taking same action, and • Action to constrain resources for a specific purpose must occur prior to end of fiscal year, though the exact amount may be determined subsequently (No need to specify exact dollar amount). A final change of note is related to the HRH's fund balance policy. Prior to now, the HRA has not had a fund balance policy in place. However, with the implementation of GASB Statement No. 54, a fund balance policy is now strongly recommended for both the General Fund and the Housing Loan Special Revenue Fund. Determining an appropriate fund balance level for each of these funds is very arbitrary. The General Fund needs to have sufficient funds available to cover general operating expenditures as well as necessary working capital to subsidize potential redevelopment projects. The HRA General Fund receives tax proceeds twice a year, at a minimum the General Fund needs to maintain an unassigned fund balance of at least 50% of the subsequent year's budgeted expenditures in order to maintain a positive cash balance. More importantly and more realistically, the General Fund needs to have a fund balance substantially higher to support the beginning stages of potential redevelopment projects. In regards to the Housing Loan Special Revenue Fund, the fund balance level needs to be sufficient in order to support the revolving home loan program. Establishing specific fund balance amounts or percentages for both of these funds are not nearly as important as continuing to monitor current and future cash flow trends to ensure the General Fund and the Housing Loan Special Revenue Fund has sufficient reserves available to meet current and future demands. The fund balance policy also needs to authorize the Executive Director, Assistant Executive Director, and/or Finance Director to assign fund balance to reflect the HRA's intended use of funds. This does not change the authority to actually spend resources, but to assign resources for a presentation standpoint only. The fund balance policy also needs to include how the HRA intends to use its resources when multiple categories of fund balance are available. These changes do not affect how the HRA conducts business. All of the changes will be from a presentation standpoint in the City's Comprehensive Annual Financial Report (CAFR) only. Staff Recommendation Staff recommends a motion adopting Resolution 2011 -12 enabling the Fridley HRA Board of Commissioners to commit specific revenue sources in the HRA's Housing Loan Special Revenue Fund. Staff also recommends the Fridley HRA Board of Commissioners pass a motion approving the attached fund balance policy for the HRH's General Fund and Housing Loan Special Revenue Fund. Attachments: Fridley HRA Policy Resolution Committing Specific Revenue Sources in Special Revenue Funds III. Definitions Fund balance — the difference between assets and liabilities reported in a governmental fund. Nonspendable fund balance — amounts that are not in a spendable form or are required to be maintained intact for example inventory, long term receivables & prepaids. Restricted fund balance — amounts subject to externally enforceable legal restrictions. Unrestricted fund balance — the total of committed fund balance, assigned fund balance, and unassigned fund balance. Committed fund balance — amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision - making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. Assigned fund balance — amounts a government intends to use for a specific purpose; intent can be expressed by the government body or by an official or body to which the governing body delegates the authority. Unassigned fund balance — amounts that are available for any purpose in the general fund. Approved December 1, 2011 RESOLUTION NO. 2011-12 RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN THE HOUSING LOAN SPECIAL REVENUE FUND WHEREAS, the Governmental Accounting Standards Board's Statement #54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and, WHEREAS, the term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and, WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and, WHEREAS, board action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE BE IT RESOLVED by the Commissioners of the Fridley Housing and Redevelopment Authority, in and for the City of Fridley, that effective December 31, 2011, the specific revenue source of each special revenue fund and the specific purposes for which they are committed are as follows: Fund . Specific Revenue Sources Committed For Housing Loan Mortgage Interest Earnings Revolving Home Loan Programs PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, IN AND FOR THE CITY OF FRIDLEY THIS I sT DAY OF DECEMBER, 2011. Lawrence R. Commers, Chairperson ATTEST: William W. Burns, Executive Director ACTION ITEM ri HRA MEETING OF DECEMBER 11 2011 CRY Of FR @LEY Date: November 23, 2011 To: William Bums, Executive Director From: Paul Bolin, Asst. Executive HRA Director Subject: Resolution Declarinq Structure Bliahted In November, Real Estate approached the Authority to discuss the potential for assistance with the clean up and future redevelopment of the property located at 4800 East River Road. Real Estate Recycling is very close to securing ownership of the 135 acres located at 4800 East River Road. At last month's meeting, the Authority approved an interim agreement with RER to allow for the exploration of the feasibility of redeveloping the site. The Interim Agreement requires Real Estate Recycling to pay for all studies and 50% of the Authorities Development Counsel's time. The agreement calls out a series of action steps that must be met to explore the potential of assistance from the Authority. One of the first steps is to conduct a blight analysis and determine if the property meets statutory requirements for "substandard" properties. The engineering firm of LHB, with a long history of conducting blight reports for the Authority, has presented the attached proposal for a blight analysis of 4800 East River Road. The purpose of the blight analysis is to determine if the property meets the statutory definition of "substandard ": A substandard determination would make the property eligible for inclusion in a TIF District. Staff recommends approval of the attached proposal from LHB. Costs associated with the blight analysis will be reimbursed by Real Estate Recycling, LLC. #AIA Document B727TM - 8? Standard Form of Agreement Between Owner and Architect for special Services AGREEMENT made as of the 21st day ofNovember in the year 2011. BETWEEN the Owner: (train. legal status and address) City of Fridley cio Scott Hickok Director of Community Development 6431 University Avenue Northeast Fridley, MN 55432 and the Architect: [Name. legal .status and atddrevs) LHB. Inc. .250 Third Avenue North. Suite 450 Minneapolis, MN 55401 for the following Project: (Inelude detailed description n1'Prgiec1, location, address and scope.) LHB Project No. J] 0621 Fridley BAE TIF Analysis Fridley, MN The Owner and the Architect agree as set forth below. METHODOLOGY A. Survey the proposed TIF District to determine if it meets the "Coverage Test ": 1. To meet the coverage test; parcels consisting of 70 percent of the area of the district must be "occupied" by buildings, streets, utilities, or paved or gravel parking lots. �. A parcel is not considered "occupied" unless at least 15% of its total area contains improvements. B. inspect the interior and exterior of the buildings: 1. Obtain property owner's consent for inspection. 2. Document all property conditions relative to Minnesota Statutes Section 469.174 Subdivision 10. C. Determine replacement cost for the buildings: 1. Replacement. cost is the cost of Constructing a new structure of the same square footage and type on the site. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addr7ions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical One inlhe left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is. encouraged with respect to its completion or modification. Init. AIA Document S727TH^ —1988. Copyright 0 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARKINC: This AfA" Document is protected by US. Copyright Law and International Treaties. Unouthorized reproduction or distribution of this AIA Document or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This. document was produced by t AIA soflware at 09:51:46 on 11222011 under Order No.44851534.06__1 which expires on 01126!2012, and is not for resale. User Notes: (545436242) 2. A base cost will be calculated by establishing the building class, type and construction quality. 3. Identify amenities, which increase the value of the building over the standard construction quality level. 4. Review building permits for each parcel.. 5. The. base cost and cost of amenities will be totaled to determine the replacement cost for the property. D. Determine the existing condition of the buildings: 1. 'Structurally substandard shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including: adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." E.. Determine Code Deficiencies for the buildings: I. Determine technical conditions; which are not in compliance with current building code applicable to new buildings. 2. Determine costs to correct identified deficiencies. 3. Compare cost of deficiency corrections to replacement value of building. 4.. A building is not structurally substandard if it is in compliance Aith building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of replacement cost. F. Prepare a final report outlining findings: 1. Prepare a written narrative analysis of the redevelopment district describing why the property within the district does or does not meet the criteria as "structurally substandard" as established in Minnesota Statutes Section 469.174, subdivision 10. 2. Deliver final reports to City staff, ASSUMPTIONS Preliminary boundaries of the prospective district include two parcels with approximately 2 million square feet of building(s) that will require interior inspections. The City of Fridley will provide the following: • A scalable parcel map and/or aerial photo of the area to be inspected, including GIS information with specific parcel data • A list of all parcels. including owner, current known business or resident name and address. unit AIA Document B727- -1988. Copyright 91972, 1979 and M8 by The American MSlitule of Architects. An rights reserved. WARNING This AIR° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or diaribution of this AIA' Document, or any portion of it - may result in severe civil and eriminel psnetties, and will bd proseputed to the rrmazinmurn extent possible under the laud, This document was produced by ALA software at 09:51;46 en 1 1 12 2120 1 1 under Order No.4 4 8 61 53 406.1 which expires on 0112612G12, end is not for resale. User Notes: (945436242) ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to he provided by the Architeci under the Terins and Conditions :of this Agreement. Note Yonder each service vice listed the method and means of compensation to he.usecf if applicable, as provided in Article 8.) Service to be provided Method and means of compensation TTF Analysis as described in the attached proposal letter Hourly + Reimbursables dated November 21, 2011, ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 The Owner shall provide full information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, anti the Architect shall be entitled to rely on the accuracy and completeness thereof. § 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with Tespect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS § 3.1 The documents prepared by the Architect for this Project are instruments of the Architect's scrvice_for use solely with respect to this Project 2nd, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law. statutory and other reserved rights: including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Arehitect's documents for the Owner's information, reference and use in connection with the Proicct. The Architect's documents shall not be used by the Owner or others on other projects. for additions to: this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. (Paragraphs deleted) § 3.2 To the extent the Instruments of the Architect's Service are modified. supplemented.or otherwise altered by the Owner, subsequent Designs Professionul, or any other -party, the Owner agrees to indemnify, defend and hold the Architect harmless for any claims, demands, damages or causes of action arising out of such modification, supplementation or alteration. § 3.3 If it is subsequently determined that a required iteru has been omitted from the Architect's original Instruments of Service, the Owner shall be responsible for the associated cost. The Architect is not responsible for any cost incurred by the Owner that provides an upgrade to, or enbances the value of the project. ARTICLE 4 MEDIATION. § 4.5 Unless the parties mutually agree otherw=ise, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect at the time of the dispute. A demand for mediation shall be filed, in writing, within a reasonable period of time after a claim, dispute or other matter in question has arisen. In no event shall demand for mediation be made after the date when the institution of legal or equitable proceedings, based upon such a claim, di."ite or other matter in question, would have been barred by an applicable statute of limitation. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 This Agreement may be terminated by either party upon not less.than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.21f the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to die Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without Init. AIA Document 872711 -1988. DopyrightQ1972,1979 and 1988 by The American lnslitule of Architects. All rights reserved. WARNING- This AIAz Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alk Document, orany portion cif it, 3 may result in severer civil and edinirial penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:51:46 on 11/2212011 under Order Np,4485163406_1 which expires on 012612012, and is not for resale. User Notes: (845436242) further notice. In the event of a suspension of services. the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. § 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due. (Parag7'aphs deleted) ARTICLE 6 MISCELLANEOUS PROVISIONS § 6.1 Unless otherwise provided. this Agreement shall be governed by the law of the principal place of business of the Architect. § 6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due the Architect pursuant to Section 8.4. § 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. § 6.4 This Agreement represents the entire and integrated agreement between theClwner and Architect. ind supersedes all prior negotiations ,.representations or agreements, either written or oral. This Agreement maybe amended only by written instrument signed by both 0%mcr and Architect. § 6.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 6.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no. responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos-products, polychlorinated biphenyl (PCB) or other toxic substances. 6.7 The Architect and the Owner waive consequential damages for claims; disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages• due to either party's termination in accordance with Article 5. 6,8 To the maximum extent permitted by law,. the Owner agrees to limit. the Architect's liability for the ()w'ner's damages to the sum of Teti Thousand Dollars ($10,000) or the amotutt of the Compensation for Architect's Services wh.ichevcr amount is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ARTICLE 7 PAYMENTS TO THE ARCHITECT § 7.1 DIRECT PERSONNEL EXPENSE § 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits; insurance; sick leave, holidays, vacations. pensions, and similar contributions and benefits. § 7.2 REIMBURSABLE EXPENSES § 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project for: .1 expense of transportation and living expenses in connection with out -of -town travel authorized by the Owner. .2 long - distance communications, 3 tees paid for securing approval of authorities having jurisdiction over the Project. .4 reproductions; Init. AIA Document 8727- —198& Copyright @ 1972,1979 and 1998 by7he American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected: by U,S. Ossnyfght Law and international Treaties. Unauthorized reproduction or distribution of this AW Document, or any portion of it, may result in severe .civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced tV / AiA software at 09:51 :46 on 11/2272011 under Order No.44'85153406_1 which e*.pires on 0112612012. and is not for resale. User Notes: (945496242) .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .7 renderings and models requested by the Owner: .8 expense of additional coverage or limits, including. professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. § 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECTS SERVICES § 7.3.1 Payments on account-of the Architect's services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's. statement of services rendered or as otherwise provided in this Agreement. § 7.3.2 An initial payment as forth in Section 8.1 is the minimum payment under this Agreement. § 7.4 ARCHITECT'S ACCOUNTING RECORDS § 7.4.1 Records of Reimbursable E•xpenses.and expenses pertaining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient tunes. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 8.1 AN INITIAL PAYMENT OF Zero Dollars and Zero Cents f$ 0.00 ) shall be. made upon execution of this Agreement and credited to the Owner';: account at final payment. § 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES. as described in Article 1, Architect's Services, shall be computed as follows: (Paragraph deleted) We will work on an hourly basis with a maximum fee budget of $10.000 plus reimbursable expenses for the inspection of tlic buildings and a full report outlining die findings for` the T1F District. § 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 4 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. § 8.4 Payments are due and payable Thirty (30) days from the date of the Architect's invoice. Amounts unpaid Sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof. at the legal rate prevailing. from time to time at the principal place of business of the Architect. (Insert rate gfinterest tigreed upon.) ;tera per annum; .67% monthly on unpaid balances (U.stity lawns and requirements under the Federal 7'r iah in Lending; Act, similar state and local consumer credit lasts and other regulations at the OLtvrer's and Architect 's principal places of business. the loexioit 0j'the Project and else+ +Mere men• afec9 the 1. aliditr of this provision. Specific legal advice should he obtained u-ith respect to deletioay. or modifications, and also regardlrtg other requirements such as N.7•11ten disclosures or ii Hirers:) § 8.5 iF THE SCOPE ofthe Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS LHB and the City, acting through the City's legal representative, will. to the fullest reasonable extent, cooperate and coordinate efforts in preparing necessary responses to any third party challenges to the inspections. The City agrees to pay LHB its regular hourly rates for time spent as a result of a third party legal challenge. Init. AIA Document B727 T. -1988. Copyright 43 1972, 1979 and 1988 byThe American Institute of Architects. All rights resarved. WARNIM, This AIA:' Document Is protected by US Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it. 5 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by t AIA software at 09:51:46 on 11122/2011 under Order No.4485153406 1 which expires on 0112 812 0 1 2, and is not for resale. User Notes; (9454366242) This Agreement entered into as of the day and year first wTitten above. OWNER ("Signature) (Printed name and title) Date: ARCHITECT (Signature) MICHAEL A. FISCHER, AIA, LEED BD+C SENIOR VICE PRESIDENT LHB, INC. (Printed name and title:) 11.21.11 Date: In it. AIA Docurnant B727'"" —1968. Copyright 61972, 1979 and 1986 by The American institute of Architects. Alt rights reserved, WARNING: This AEA "' Document is protected by U,S, Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be pr"acuted to the. maximum *xxent possible under the law. This dacumenl was produced by ALA software at 09:51:46 on 1122/201.1 under Order No.448515a4.o6_1 which expirss on 01126=12. and Is not.fbr regale. User Notes: (945436242) 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 612.338.2029 Fax 612.338.2088 www.LHBcorp.com November 21, 2011 Scott Hickok Director of Community Development City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 PROPOSAL FOR BAE TIF DISTRICT ANALYSIS Thank you for the opportunity to submit a proposal for the TIF analysis at the BAE site in Fridley, Minnesota. LHB is a full- service architecture, planning and engineering firm with 165 employees in our Minneapolis and Duluth offices. Our Government studio has extensive experience working with local governments on their planning, design, architectural and engineering needs. Having been personally involved as a City Council President, I understand how cities function and the importance of maintaining the support of the city council and community throughout the process. PREVIOUS EXPERIENCE LHB has significant experience with a variety of inspection and facility assessment projects, including the analysis of over 100 TIF Districts in the past seven years. Examples include: • City of Columbia Heights TIF inspection services • City of St. Paul TIF inspection services • City of St. Anthony Village, NW Quadrant TIF inspection services • City of St. Louis Park TIF District inspection services • City of Mound TIF District "1 -2" inspection services • City of Osseo TIF inspection services • City of New Richmond, WI TIF inspection services • Minnesota State Colleges and Universities system facility assessments • State of Minnesota Facility Assessments • Property Condition Assessments for the St. Paul Department of Planning and Economic Development (Franklin/Emerald Neighborhood) • Condition survey of every property along the I -394 corridor for the Minnesota Department of Transportation, prior to and during the construction of I -394 • ADA Compliance Assessments for the State of Minnesota (82 buildings in 1992) Duluth, MN Minneapolis, MN Fridley BAE Redevelopment TIF Proposal Page 2 of 5 November 21, 2011 METHODOLOGY A. Survey the proposed TIF District to determine if it meets the "Coverage Test ": 1. To meet the coverage test, parcels consisting of 70 percent of the area of the district must be "occupied" by buildings, streets, utilities, or paved or gravel parking lots. 2. A parcel is not considered "occupied" unless at least 15% of its total area contains improvements. B. Inspect the interior and exterior of the buildings: 1. Obtain property owner's consent for inspection. 2. Document all property conditions relative to Minnesota Statutes Section 469.174 Subdivision 10. C. Determine replacement cost for the buildings: 1. Replacement cost is the cost of constructing a new structure of the same square footage and type on the site. 2. A base cost will be calculated by establishing the building class, type and construction quality. 3. Identify amenities, which increase the value of the building over the standard construction quality level. 4. Review building permits for each parcel. 5. The base cost and cost of amenities will be totaled to determine the replacement cost for the property. D. Determine the existing condition of the buildings: 1. "Structurally substandard shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." E. Determine Code Deficiencies for the buildings: 1. Determine technical conditions, which are not in compliance with current building code applicable to new buildings. 2. Determine costs to correct identified deficiencies. 3. Compare cost of deficiency corrections to replacement value of building. 4. A building is not structurally substandard if it is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of replacement cost. F. Prepare a final report outlining findings: 1. Prepare a written narrative analysis of the redevelopment district describing why the property within the district does or does not meet the criteria as "structurally substandard" as established in Minnesota Statutes Section 469.174, subdivision 10. 2. Deliver final reports to City staff. Fridley BAE Redevelopment TIF Proposal Page 3 of 5 November 21, 2011 ASSUMPTIONS Preliminary boundaries of the prospective district include two parcels with approximately 2 million square feet of building(s) that will require interior inspections. It is assumed that LHB's work will be focused on finding large -scale deficiencies and not itemizing thousands of small items. The City of Fridley will provide the following: • A scalable parcel map and/or aerial photo of the area information with specific parcel data • A list of all parcels including owner, current known address. COST AND FEE STRUCTURE to be inspected, including GIS business or resident name and We propose to work on an hourly basis with the following key staff: Project Principal, Michael Fischer (TIF analysis) Project Manager /Architect/Inspector, Ben Trousdale Project Administrator (Property owner contacts, documentation) We will work on an hourly basis with a maximum fee of $1( expenses for a full report outlining the findings for the TIF District. SCHEDULE $231/hour $107/hour $77/hour ),000 plus reimbursable LHB will be able to deliver a verbal affirmation of the results of our analysis within four weeks of authorization of this proposal. We will complete the final report on or before February 2, 2012. TERMS We propose using an AIA Document B727 (Standard Form of Agreement between Owner and Architect for Special Services). The contract will include "limit of liability" language (equal to our fee or $10,000 maximum, whichever is greater). In addition, the contract will contain language negotiated with the City indicating that LHB and the City, acting through the City's legal representative, will, to the fullest reasonable extent, cooperate and coordinate efforts in preparing responses to any third party challenges to the inspections. Fridley BAE Redevelopment TIF Proposal Page 4 of 5 November 21, 2011 �rMEllK Michael A. Fischer, ALA LEED AP - Project Principal/TIFAnalyst Michael has twenty-four years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is an expert in Tax Increment Finance, having analyzed more than 100 TIF Districts in the past seven years. Michael is a Senior Vice President at LHB and currently leads the Minneapolis office. He completed a two - year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a member of the Edina Planning Commission. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Ben Trousdale, AIA - Project Manager/Inspector Ben is a project architect in LHB's Minneapolis office with 20 years of experience working on a variety of multi - family housing and commercial projects. He has extensive skills in creating quality construction documents that convey a building's fundamentals and unique design details. His responsibilities include project management, code analysis, and overseeing document production. Ben is a licensed architect in Minnesota and is involved with AIA activities including Search for Shelter charrettes. Lydia Major, MLA, ASLA — GISIMapping Lydia recently joined LHB's Urban Design and Planning group, bringing with her a passion for design that benefits the client, the community, and the environment. Her experience includes designing and drafting commercial and residential properties at a variety of scales. Lydia integrates her skills with AutoCAD, ArcGIS, and the Adobe Creative Suite to produce plans, color renderings, booklets, and other presentation materials. Communication is a critical component in all projects, and Lydia's uses her education as a writer to create compelling project documents, including proposals, requests for variance, and other public - relations materials. Fridley BAE Redevelopment TIF Proposal Page 5 of 5 November 21, 2011 REFERENCES Stephen J. Bubul Kennedy & Graven 612/337 -9300 Mary L. Ippel Briggs and Morgan 651/223 -6620 NEXT STEP Upon acceptance of this proposal, we will draft an AIA Owner /Architect agreement for your review. Thank you for the opportunity to submit a proposal for your project. Please contact me at (612) 752 -6920 if you have any questions. LHB INC. w-w• MICHAEL A. FISCHER, AIA SENIOR VICE PRESIDENT L WARKETINGTroposal Letters\201 RTIF ProposalsTridley BAE TIF Analysis 11 -21 -1 Ldoc INFORMATIONAL ITEM ri HRA MEETING OF DECEMBER 1, 2011 QTY OF FRIDLEY Date: November 23, 2011 To: William Bums, Executive Director From: Paul Bolin, Asst. Executive HRA Director Subject: Housing Replacement Program — Update Veit Companies has completed demolition of the following properties: 465 Mississippi Street 551 Hugo Street 381 Ironton Street Kurth Surveying was not able to complete the surveying of the Hugo Street lots, until all of the demolition and re- grading of the property was completed. The lot split will go to the Planning Commission in January. Staff continues to look for additional properties and is set to close on the property located at 561 Ironton Street on December 2nd. This property was purchased for $46,810 and has extensive mold damage. Fridley HRA Housing Program Summary Cover Page December 1, 2011 HRA Meeting Report Description Loan Application Summary Loan application activity (e.g. mailed out, in process, closed loans) for Oct. to November 15th and year -to -date. Loan Origination Report Monthly loan originations and year -to- date. Remodeling Advisor Shows the number of field appointments scheduled and completed for the Remodeling Advisor Services administered by Center for Energy and Environment. H: \— Paul's Documents\HRA\HRA Agenda Items\2011\November 3, 2011\Housing Program CoverOctohendocx a� d � a Z a � CD m rD Q of 3• •a N O d F-� 3 O d m 3 't O G O. O m 3 O rh rF no X, r rt O d n n O c O r'F 13 'O m O 7 m FA Yl CL cO G O 01 Q. rr s d M a n d O 0 3 rr s m n m m m Is LA. m -I O 0! FA N Ib F� tD W F► O 0 K M. m � � n T <' m 2 2 2 2 D D C �o D o D D D D T fD M d Nn n 0" < M O O X' m Q O _ r,',' 3 C rn < 7 r C C T N r OQ fD M O "t O O Q 0) r an, 3 .� G Q O w CU -n 0- e-h T O O •� j 1 x O c O C CL „ =r c n �- m O C O D V =. O 3 H C 3 DJ "a m O n' 3 d s o Ln * Ln s' m -0 S 0) D r± O O n O D O D. 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