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2008-01-22MOUND HOUSING AND REDEVELOPMENT AUTHORITY JANUARY 22, 2008 The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, January 22, 2008, at 6:30 p.m. in the council chambers of city hall. Members present: Chair Mark Hanus; Commissioners John Beise and Greg Skinner Members absent: Commissioners David Osmek and Mike Specht Others present: City Attorneys John Dean and Bob Lindahl, Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Amanda Schwarze, Cindy Reiter, Finance Director Gino Businaro 1. Open meeting Chair Hanus called the meeting to order at 6:39 p.m. 2. Approve agenda MOTION by Beise, seconded by Skinner to approve the agenda. All voted in favor. Motion carried. 3. Redevelopment financing and projects A. Public hearing and consideration of Resolution Authorizing and Directing the Filing of Eminent Domain Proceedings Bob Lindahl stated that a public hearing is needed because the subject property at 5545 Shoreline Drive is located within a redevelopment area, and thus the hearing is required by state statute. There is a February 1St deadline to act upon this or costs are more to the city, under certain circumstances. Hanus stated that he wans to make it known that the property owner involved very much wants to sell, but there hasn't been a price agreed upon. Lindahl verified that, adding that the property is vacant and owned by an estate. Chair Hanus opened the public hearing at 6:45 p.m. and upon hearing no comment closed the hearing. MOTION by Beise, seconded by Skinner to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-04H: RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. MOTION by Beise, seconded by Skinner to rearrange the agenda and consider item 36 as 7A. All voted in favor. Motion carried. 4. Approve minutes MOTION by Beise, seconded by Skinner to approve the minutes of January 8, 2008. All voted in favor. Motion carried. HRA Meeting Minutes -January 22, 2008 1 1 1 5. Action accepting audit and financial report and auditor's management letter for year ended September 30, 2007. MOTION by Beise, seconded by Skinner to accept the audit and financial report and auditor's management letter for year ended September 30, 2007. All voted in favor. Motion carried. Gino Businaro stated that HUD has approve the HRA to change their fiscal year to end December 31St, as requested. 6. Indian Knoll Manor Manager's Monthly Report Cindy Reiter presented the monthly report as follows: A. December bank statement B. December income statement C. Reiter stated that in her absence the bills were inadvertently omitted from the agenda packet and would be included in next month's report for approval. D. Manager's report -Reiter stated that Indian Knoll is full and doing very well. 7. Action on Resolution Not to Waive Statutory Tort Limits MOTION by Beise, seconded by Skinner to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-05H: RESOLUTION NOT TO WAIVE STATUTORY TORT LIMITS 7A. (previously 3B) Other matters relating to the acquisition of properties on Shoreline Drive John Dean recommended that the HRA go into closed session to discuss the status of purchase offers and counter-offers regarding properties at 5545, 5567, and 5575 Shoreline Drive. The HRA went into closed session at 6:53 p.m. and returned at 7:23 p.m. John Dean stated that legal counsel has received direction from the Board and will proceed according to that direction. 8. Adjourn MOTION by Beise, seconded by Skinner to adjourn at 7:24 p.m Motion carried. .. Attest: Bonnie Ritter, City Clerk All voted in favor. Chair Mark Hanus BOARD OF COMMISSIONERS THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND RESOLUTION N0.08-04H RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the Housing and Redevelopment Authority in and for the City of Mound ("HRA") is a public body corporate and politic under Minnesota law, and is authorized by Minn. Stat. § 469.012, Subd. 1 g, to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117; and WHEREAS, the Board of Commissioners of the HRA is the official governing body of the HRA; and WHEREAS, attached hereto as Exhibit A is the legal description of property ("Subject Property") which the HRA wishes to acquire for redevelopment in accordance with the development plan for the Mound Harbor Project Area ("HRA Project"); WHEREAS, despite the HRA's best efforts, the HRA has been unable to reach agreement with the owner of the Subject Property upon terms and conditions under which the HRA may acquire marketable title to the property for the HRA Project; WHEREAS, the Board of Commissioners of the HRA finds that it is reasonable, necessary, proper, convenient, for a public purpose, and in the interest of the public health, safety, convenience, and general welfare of the citizens of the City of Mound and in the best interests of the HRA that the Subject Property be acquired by the HRA by use of eminent domain proceedings pursuant to Minn. Stat. Ch. 117; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Mound that: 1. It is necessary and for a public purpose that the real estate which is described on Exhibit A attached hereto, be acquired for the HRA Project through the exercise of the power of eminent domain. 2. Prior to filing eminent domain proceedings, the Executive Director of the HRA shall make a written offer of compensation to the owner of the Subject Property based upon the independent appraisal of its value previously obtained by the HRA. 3. The attorneys for the HRA, its Executive Director and Board Chair are hereby authorized and directed to take all steps necessary to file eminent domain proceedings to acquire the Subject Property for the Project. 326944v1 RJL MU195-27 G EXHIBIT A Legal Description of Property To Be Acquired for the HRA Project PID No. 13-117-24-33-0006 1 1 Property Address: 5545 Shoreline Drive, Mound, Minnesota 55364 Legal Description of Property: Lot 4 and East 5 feet of Lot 3, Auditor's Subdivision No. 170 According to the map or plat thereof on file in the Office of the County Recorder in and for Hennepin County, Minnesota. Names of Apparent Owners or Other Parties whose Interest is to be Acquired Name Nature of Interest Jeffrey L. Johnson, as Personal Representative of the Estate of Curtis L. Johnson Fee owner Ci of Mound S ecial Assessments Coun of Henne in Real Estate Taxes All other parties unknown, together with unknown heirs or devisees ands ouses, if an Any right, title or interest in the Property 326944v1 RJL MU195-27 Adopted by the Board of Commissioners of The Housing and Redevelopment Authority in and for the City of Mound this 22"d day of January, 2008. Chair, Board of Commissioners ATTE ~~ Clerk ~___, 1 326944v1 RJL MU195-27 2 MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 08-05H RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the Housing and Redevelopment Authority of and for the City of Mound to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE BE IT RESOLVED by the Housing and Redevelopment Authority of and for the City of Mound, Minnesota, to hereby elect not to waive the statutory tort liability established by Minnesota Statutes 466.04; and that such election is effective until amended by further resolution of the Mound HRA. Adopted this 22nd day of January, 2008. ~._ Chair Mark Hanus Attest: Bonnie Ritter, City Cler