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2004-10-12PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA Page 4. 3 5. 4 Open meeting Action approving agenda, with any amendments 3. Action approving minutes: September 28, 2004 1-2 Action amending the Contract for Private Redevelopment by and between BFL2 and the Housing and Redevelopment Authority in and for the City of Mound Action extending preliminary agreement with Mound Harbor Renaissance to November 24, 2004 Adjourn MOUND HOUSING AND REDEVELOPMENT AUTHORITY SEPTEMBER 28, 2004 The Housing and Redevelopment Authority of and for the City of Mound, Minnesota, met in regular session on Tuesday, September 28, 2004, at 7:00 p.m. in the council chambers of city hall. Members Present: Chairperson Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Susan and Rick Bloomquist, Mike Specht, Peter Johnson, Sue Eskedahl, Mary Sells, Tom Stokes, Cindy Reiter 1. Open Meeting Chair Meisel opened the meeting at 7:02 p.m. 2. Approve Aqenda MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 3. Approve Minutes MOTION by Brown, seconded by Hanus to approve the minutes of the September 15, 2004 meeting. All voted in favor. Motion carried. 4. Report by Westport Properties on Indian Knoll Manor Cindy Reiter of Westport Properties presented her report as follows: 1. August Bank Statement 2. July Income Statement 3. Review of Bills: MOTION by Hanus, seconded by Osmek to approve payment of the bills for August, 2004. 4. Managers Report: Lobby Design Update and Ideas on disposing of old furniture 5. Resident Council Report- none. 5. Contract for Private Redevelopment between HRA and BLF2, LLC. John Dean reviewed the proposed contract and said parties were in agreement on all but one item. The unresolved issue involves permitted uses by BLF2, other than the hotel/restaurant/banquet hall. Discussion followed between Rick Bloomquist of BLF2, David Newman of MHRD, and the Council. A consensus was arrived at that all parties felt they could life with. Mound HRA Minutes September 28, 2004 MOTION by Osmek, seconded by Brown to approve the Contract for Private Redevelopment by and between the Housing and Redevelopment Authority in and for the City of Mound, and BFL2, LLC, with an amendment to Article X, Section 13 inserting wording to the affect that the developer may devote space to retail services, not to exceed an aggregate of 1000 sq. ft, with no single use to exceed 500 square feet. All voted in favor. Motion carried. 6. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 8:00 p.m. All voted in favor. Motion carried. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 5341 Maywood Road Mound, MN 55364 (952) 472-3'190 Memorandum To: From: Date: Re: Mound Housing and Redevelopment Authority (HRA) Sarah Smith, Comm. Dev. Director October 8, 2004 Contract for Private Redevelopment with BFL 2 Summary At its September 28, 2004 meeting, the HRA approved the Contract for Private Development with BFL 2 subject to revision of Paragraph 13 included in Section 10.7 Additional Developer Undertakings regarding the amount of allowable retail space and uses for the hotel property. The revised language is outlined below: 13. (a) Any uses as a hotel, sit-down restaurant and banquet hall are permitted uses. Any Except as provided in subDara_oraph lb) any additional uses shall be subject to the approval of the Authority and the MHR for the duration of the TIF District, which approval shall not be unreasonably withheld. There will be a presumption of reasonableness as to any use which does not duplicate a use or a tenant planned elsewhere for the Redevelopment Project= (b) Notwithstanding subparaora0h (a) the Redeveloper ma.v devote the Redevelopment Property to up to five additional uses of not more than 1000 oross square feet in the aoore_oate~ and with no single use to exceed 500 gross square feet. These restrictions will be memorialized on appropriate instruments so as to run with the land and be binding on successors in interest in the hotel parcel for the term of the tax_increment district.= Such instrument shall also provide, to the fullest extent allowed by_law, that the parcel may not become tax-exempt for the duration of the TIF District. Members of the HRA are advised that Staff was notified on October 7, 2004 that the agreement, including the proposed language referenced above, was deemed acceptable by the BFL 2 Team subject to a few housekeeping changes suggested by Attorney Marc Kruger. -3- CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Memorandum 10/01/04 To: HRA Commissioners From: John Dean Subject: Extension of Preliminary Agreement with Mound Harbor Renaissance. The preliminary agreement with Mound Harbor Renaissance will expire on or about October 13 unless the HRA and Mound Harbor Renaissance consent to an extension. As you know, a draft final development agreement is essentially complete. Remaining to be resolved are technical wording issues that are important fi.om the standpoint of assuring our ability to issue tax exempt notes, and to issue a final note to the developer. Resolution of those issues has taken considerably longer than was anticipated; and is not due to any actions or inactions of the developer. Mound Harbor Renaissance has consented to an additional extension to the agreement through November 24, 2004. It is my recommendation that the HRA, by motion, also consent to the extension. Following such action, I will notify MHR in writing of the extension. No further action is required. JBD-253951vl MU195-15 -4-