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2005-02-08PLEASE TURN OFF AT CEI,L PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA o o o Open meeting Action approving agenda, with any amendments Action approving minutes: January 25, 2005 Action extending contract for redevelopment with Mound Harbor Renaissance Actions on any downtown redevelopment matters, if needed Adjourn Page 1-3 4-6 MOUND HOUSING AND REDEVELOPMENT AUTHORITY JANUARY 25, 2005 The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, January 25, 2005, at 6:30 p.m. in the council chambers of city hall. Members Present: Chair Pat Meisel; Commissioners Bob Brown, Mike Specht, John Beise and Dave Osmek. Others Present: City Attorney John Dean, Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Gino Businaro, Chuck Alcon, Kim Britz 1. Open Meetinq Chair Meisel opened the meeting at 6:30 p.m. 2. Swearinq-in of Commission Members Kandis Hanson swore in members Meisel, Beise and Specht. 3. Approve Aqenda Meisel requested the addition of 3A, Approval of Acting Chair for the HRA MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3A. Appoint Actin.q Chair of the HRA MOTION by Meisel, seconded by Brown to appoint David Osmek as Acting Chair for the HRA. All voted in favor. Motion carried. 4. Approve Minutes Motion by Brown, seconded by Osmek to approve the minutes of November 23, 2004. All voted in favor. Motion carried. Chair Meisel stepped down at this time because of a possible perceived conflict of interest, and Acting Chair Osmek presided. 5. Action on Resolution Reqardin.q Tax Increment Financinq MOTION by Brown, seconded by Beise to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. 1 1 HRA Minutes - January 25, 2005 RESOLUTION NO. 05-01H: RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF MOUND CALL FOR A PUBLIC HEARING ON THE MODIFICATION OF DEVELOPMENT DISTRICT NO. 1; THE PROPOSED ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1-2; AND THE PROPOSED ESTABLISHMENT OF THE MOUND HARBOR TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. 6. Action on Extension of Preliminary Development Agreement with Mound Harbor Renaissance Development, LLC, until February 23, 2005. John Dean explained it was anticipated that the final development agreement would be finished for consideration this evening, but it isn't, and thus another extension is being requested, until February 23, 2005. Dean cautioned the HRA not to assume that there are any problems because of the continued extensions. The developer is moving forward and regularly meeting with city staff. The Council will be asked later this evening to consider authorization to submit applications to the LMCD, the MCWD and DNR for permits needed for the Lost Lake Project. These will have to be obtained for the project to proceed, along with remediation of the dump site contamination. MOTION by Beise, seconded by Specht to extend the preliminary development agreement with Mound Harbor Renaissance Development, LLC, until February 23, 2005. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Meisel returned to preside over the rest of the meeting 7. Report in Indian Knoll Klm Britz of Westport Properties presented the monthly report on Indian Knoll as follows: a. December bank statement b. November income statement c. Review of bills paid: MOTION by Osmek, seconded by Beise to approve payment of the December bills in the amount of $28,815.32. All voted in favor. Motion carried. d. Manager's Report: 1) Hallway carpeting and painting are complete which fulfills the 2004 capital fund money for interior upgrades. 2) Audit complete: Gino Businaro presented the Annual Financial Report for year ended September 30, 2004, along with the Management Letter. MOTION by Osmek, seconded by Brown to acknowledge receipt of the Annual Financial Report for the HRA for the year ended September 30, 2004, along with the Management Letter by Abdo, Eick & Meyers, LLP, dated November 2, 2004. All voted in favor. Motion carried. 2 HRA Minutes - January 25, 2005 8. Adjourn MOTION by Brown, seconded by Beise to adjourn at 7:10 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Chair Pat Meisel 3 3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 33%9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com To: From: Subject: MEMORANDUM 2/4/05 Mound Housing and Redevelopment Authority City Attorney John Dean Extension of Preliminary Agreement with MHR As the HRA is aware, additional testing and analysis work by MHR involving clean-up of the Lost Lake site is required. With regard to the testing project, a proposed contract with Barr Engineering and work order have been prepared and are included on the Feb. 8th City Council agenda for review and consideration. Due to the $70,000 cost associated with the proposed Barr contract, MHR is concerned about agreeing to pay for the project unless it has some assurance that the I-IRA is not going to terminate the deal if the development agreement is not ready by the February 22 meeting. Therefore, MHR is formally requesting that the HRA agree to an additional 60-day extension so as to allow Barr Engineering to undertake and complete the additional testing in Lost Lake and to finalize details associated with the development contract. Subsequently, the City Council could then approve the Barr contract and work order at its meeting with the assurance that MHR would cover the cost. As a result, it is my recommendation that the HRA act to extend the term of the preliminary agreement until April 27, 2005. Under the preliminary agreement, the passage of a motion to extend the agreement is all that is required. Assuming that the HRA approves the extension, staffwill notify MHR of the extension. JBD-258308vl MU195-15 -4- Page 1 of 2 Bonnie Ritter From: To: Sent: Subject: "Dean, John B." <jdean(~Kennedy-Graven.com> <bonnieritter@cityofmound.com>; <sarahsmith@cityofmound.com> Friday, February 04, 2005 12:36 PM FW: Mound Harbor Extension This email from David Newman should also go in the HRA packet. ..... Original Message From: David Newman [mailto:Dave~bancorgroup.com] Sent: Thursday, February 03, 2005 4:40 PM To: Dean, John B. Cc: Paul Robinson; Jerry Paquin; Chuck A. Alcon; Tom A. Stokes; Peter Pflaum Subject: Mound Harbor Extension John: On behalf of Mound Harbor Renaissance Development we are requesting that at the February 8th HRA meeting our agreement with the HRA be extend an additional 60 days. The agreement currently expires February 23. As you know, we have been pushing to have this agreement finalized. Due to no one's fault new issues keep arising which keep delaying the finalization of the Agreement. At the same time we have been trying to address all of the terms in this draft rather than deferring some issue to be resolved at a later date. It is my understanding that the current schedule is for the city's consultants to do some further analysis and that if the results are favorable to have a final draft by the end of this month. Because of the complexity of this agreement it will then take approximately two weeks for all parties to review and agree upon the final draft. This means the earliest the Agreement could come before the HRA will be March 22nd. However with winter vacations and if there are any glitches, this process could easily be extended another 30 days. At the Feb 8th meeting the City will be asked to authorize a contract with Barr Engineering for $70,000 which we will be required to pay for. At the same time we need for Earthtec to do their next stage of testing which is an additional $40,000. That is $110,000 this week alone. Consequently before we incur these obligations we need to know that we won't have an problems getting our preliminary agreement extended for a reasonable length of time. Recognizing how the HRA prefers to extend this agreement in small increments I would like to address the reason for 60 days. I do not think anyone can doubt our commitment to this project. We have invested to date, $1,000,000 in this project. We have done this in - § - 2/4/2005 Page 2 of 2 good faith. However since at least one council member has indicated they are not comfortable with any more extensions, a 30 day extension is not acceptable. We are requesting a reasonable period that we are confident we can have an agreement executed within, not a time period that only works if there are no hiccups in finalizing the agreement. I would also like to point out that while I understand why the delays have occurred, we are not the cause of the delays and we are as frustrated as anyone by the fact that the final agreement has not been signed. Regardless this is a very complex and difficult project which means that the agreement is equally complex and difficult and it simply takes more time than any of us would like. Thank you. David P. Newman The Bancor Group, Inc. 1521 94th Lane NE Blaine, MN 55449 direct (763) 792-8975 fax (763) 792-8976 mobile (612) 599-7270 dave(~,bancorgroup.com - 6 - 2/4/2005