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2007-01-09PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ate c~~--, AGENDA MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, JANUARY 9 - 7:15 PM MOUND CITY COUNCIL CHAMBERS Page 1. Open meeting 2. Swearing-in of Commission Members: A. Chairperson Mark Hanus B. Commissioner David Osmek C. Commissioner Greg Skinner 3. Action approving agenda, with any amendments 1. Action approving minutes: A. Dec 12, 2006 regular meeting B. Dec 14, 2006 special meeting C. Dec 18, 2006 regular meeting 5. Action appointing Mike Specht as Acting Chairperson of the HRA for 2007 6. Action appointing Finance Director Gino Businaro as Acting Executive Director for 2007 1-2 3 4 5 6 7. Action on Resolution Authorizing the Transfer of HRA-owned Property 7-11 to the Mound City Council for Conveyance to Hennepin County Regional Railroad Authority in Accordance with the Exchange Agreement and Approving a Partial Release of a Shared Parking Agreement for Said Property 8. Adjourn Mound HRA -December 12, 2006 8. Action on Resolution Approving Land Agreement between Mound HRA and Ray Mar Properties, Inc. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-15H: RESOLUTION APPROVING LAND AGREEMENT WITH RAY MAR PROPERTIES, INC. FOR PROPERTY EXCHANGE OF DRIVEWAY AREA AND CORNER PARCEL IN TRANSIT DISTRICT IN DOWNTOWN MOUND 9. Action on Resolution Accepting Bid for Transit District Parking Deck Carlton Moore explained that the bids came in right on the numbers and there is funding available to make the project work. The proposed contractor has indicated that they would like to get started sooner (in March) than required. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-16H: RESOLUTION ACCEPTING BID FOR TRANSIT DISTRICT PARKING DECK IN DOWNTOWN MOUND 10. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 9:17 p.m. All voted in favor. Motion carried. Chair Pat Meisel Attest: Bonnie Ritter, City Clerk MOUND HOUSING AND REDEVELOPMENT AUTHORITY _ DECEMBER 14, 2006 The Housing .and Redevelopment Authority in and for the City of Mound, Minnesota, met in special session on Thursday, December 14, 2006, at 5:00 p.m. in the council chambers of city hall. Members Present: Chair Pat Meisel; Commissioners David. Osmek, Mike Specht, and John Beise. Members Absent: Commissioner Bob Brown Qthers Present: City Attorney John Dean, Executive Director Kandis Hanson, Sid Inman. 1. Open meeting Chair Meisel called the meeting to order at 5:05 pm. 2. ConsiderationlAction on Resolution Awardinct the Sale of, and Providing the Form, Terms, Covenants, and Directions for_the Issuance of the $2,965,000 Limited Tax Pledge Bonds (Mound Transit Center) Series 2006 Sid Inman, Senior Financial Advisor of Ehlers & Associates, reviewed the bond sale, stating that the sale was privately negotiated with Piper Jaffray at net interest of 4.7454%. Bond proceeds from the sale are $2,965,000.00 with net ~ proceeds for project costs is $2,848,138.89. MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-17H: RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS, AND DIRECTIONS FOR-THE ISSUANCE OF THE $2,965,000 LIMITED TAX PLEDGE BONDS (MOUND TRANSIT CENTER) SERIES 2006. 3. Adiourn MOTION by Osmek, seconded by Beise to adjourn at 5:06 p.m. All voted in favor. Motion carried. Chair Pat Meisel Attest: Bonnie Ritter, City Clerk • -3- CITY OF MOUND RESOLUTION NO. 07-02H RESOLUTION APPOINTING GINO BUSINARO AS ACTING EXECUTIVE DIRECTOR OF THE HRA FOR 2007. WHEREAS, it is determined that the Acting Executive Director of the HRA shall perform the duties of Executive Director during the disability or absence of the Executive Director from the City or, in the case of vacancy in the office of Executive Director, until a successor has been appointed and qualifies; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to appoint Gino Businaro as Acting Executive Director of the Housing and Redevelopment Authority for 2007. Adopted by the HRA this 9th day of January, 2007. Chair Mark Hanus Attest: Bonnie Ritter, City Clerk -F- • 5341 Maywood Road Mound, MN 55364 (952)472-3190 MEMORANDUM To: HRA From: Sarah Smith, Community Development Director Date: January 4, 2007 Re: HRA Property Conveyance to City of Mound - HCRRA Exchange Agreement Summary. As the HRA may recall, the City Council approved the Exchange Agreement with the Hennepin County Regional Railroad Authority last summer which authorized a property swap in the Transit District to undertake the parking deck project. So as to satisfy the terms and conditions of the agreement, the property which is owned by the HRA needs to be transferred to the City of Mound for eventual transfer to the HCRRA. Additionally, a release from the Shared Parking Agreement approved in 2000 must also be undertaken. For review and consideration by the HRA, a draft resolution has been prepared to approve the aforementioned activities. Members are also advised that the resolution allows the Chair and Executive Director to execute the involved documents necessary to complete the transaction. • Comments: • Ray Properties Inc. also needs to release its interest in the Shared Parking Agreement for the property involved in the land exchange agreement with the HCRRA and has agreed to the release. • A Purchase Agreement by and between the HRA and City of Mound has been included on the City Council agenda for approval and execution and is associated with the current HRA request action(s). Recommendation. Approval. C C:\Documents and Settings\Sarah Smith\My Documents\Memorandums\2007\memohraconveyancefi~cctohccra.doc -7- HRA RESOLUTION #07- A RESOLUTION BY THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY AUTHORIZING THE TRANSFER OF HRA-OWNED PROPERTY TO THE MOUND CITY COUNCIL FOR CONVEYANCE TO HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY IN ACCORDANCE WITH THE EXCHANGE AGREEMENT AND APPROVING A PARTIAL RELEASE OF A SHARED PARHING AGREEMENT FOR SAID PROPERTY WHEREAS, on August 22, 2006, the City Council approved the Exchange Agreement with the Hennepin County Regional Railroad Authority to convey property in the Transit District associated with construction of a multi-level parking deck and related site improvements to be constructed in the Transit District in downtown Mound; and WHEREAS,. certain property to be conveyed to the Hennepin County Regional Railroad Authority, as referenced in the Exchange Agreement, is currently owned by the Mound Housing and Redevelopment Authority and needs to be conveyed to the Mourid City Council as required by the agreement; and WHEREAS, .the subdivision exemption application involving the subject parcel(s) was approved by the City Council on August 22, 2006 following review and recommendation by the Mound Planning Commission. WHEREAS, on July 11, 2000 a Shared Parking Agreement was executed by and between the HRA and the City and Ray Mar Properties, Inc., a Minnesota corporation, which affects the Property. ' WHEREAS, the City, through the Exchange Agreement, requests that the HRA partially release its interests in the Shared Parking Agreement with respect to the Property. NOW THEREFORE BE IT RESOLVED of the City Council of the City of Mound, Minnesota as follows: The Board hereby approves the sale of the Property in accordance with the terms of the Purchase Agreement. 2. The subject property owned by the HRA, as depicted on the attached Exhibit A, is conveyed in fee to the Mound City Council 3. The Board hereby approves the release of the Shared Parking Agreement with respect to the Property. -$- • 4. The Executive Director and Chair are hereby authorized to sign any and/or all documents associated with the proposed property conveyance from the Housing and Redevelopment Authonty to the City of Mound, including but not limited to, the Purchase Agreement. The foregoing resolution was moved by HRA Member and seconded by HRA Member The following HRA Members voted in the affirmative: The following HR.A Members voted in the negative: Adopted this 9th day of January 2007 Mark Hanus, Chair Attest: Bonnie Ritter, City Clerk • • -g- EXHIBIT A Legal Description of Property That part of the following described property: Outlot A, Mound Visions Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Lying south of a line drawn 25 feet north of, and parallel with, the following described line: Commencing at the southwest corner of the Southwest Quarter of Section 13, Township 117 North, Range 24 West, Hennepin County, Minnesota; thence north, along the west line of said Southwest Quarter, a distance of 799.63 feet to the point of beginning of the line to be described; thence deflecting right 84 degrees 42 minutes 57 seconds a distance of 810.00 feet and said line there tE;rminating. 303622v1 I.KT MU200-92 _~Q_ Q~~ ~~ a DC ~ ~~ 6 ~~.~ eW q C s ~ ~ O a ~~ ~_ • ~~ o ~ ~ ~ ~~ 6 H ~ i~ a_ ~ a ~ g a~ .~° , ~ ~ l~ ~3 ' $~ ~ S ~E~~ ~~ Ei ~ ~ ~~ d'~~ i $ G ~ ~¢rr~~ ~~ 8 ~$~ W ~ ~~~ ~ ~ ~ _._~ ~ ill ~;i ~~ ~ ,e +~~ I m ~~~ 3~i i~j c ~ I ~ m ~ ~~a ~~:J ~~d ~~ e e ~ o Q ~ ` ~ ~. 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So as to close the property exchange with the HCRRA, a REVISED resolution and supporting documents have been prepared by the City Attorney and are recommended for approval by Staff and should replace the documents previously included in the agenda packet: Revised HRA Item No. 7 Title: ACTION ON RESOLUTION APPROVING A PURCHASE AGREEMENT, AN AMENDMENT TO A SHARED PARKING • AGREEMENT AND AN AMENDMENT TO A CONTRACT FOR PRIVATE REDEVELOPMENT FOR CERTAIN PROPERTY LOCATED IN THE CITY OF MOUND, MINNESOTA ' AMENDED HRA ITEM N0.7 HCRRA LAND EXCHANGE • C:\Documents and Settings\Sarah Smith\My Documents\Memorand ums\20071memoh raconveyancetocctohccraJan9.doc HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING A PURCHASE AGREEMENT, AN AMENDMENT TO A SHARED PARKING AGREEMENT AND AN AMENDMENT TO A CONTRACT FOR PRIVATE REDEVELOPMENT FOR CERTAIN PROPERTY LOCATED IN THE CITY OF MOUND, MINNESOTA BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA"), as follows: WHEREAS, the HRA is the fee owner of a certain parcel of real estate located in the City of Mound, Hennepin County, State of Minnesota. The City of Mound proposes to acquire a portion of this property substantially in the form as described in the attached Exhibit A (the "Property"). • WHEREAS, the Property is subject to a Contract for Private Redevelopment executed by the HRA and Ray Mar Properties, Inc. ("Ray Mar") on July 11, 2000. WHEREAS, the Property is subject to a Shared Parking Agreement executed by the HRA and Ray Mar. on July 11, 2000. WHEREAS, the Ciry of Mound has entered into an Exchange Agreement No. 73-37520 (the "Exchange Agreement") with the Hennepin County Regional Railroad Authority (the "HCRRA"), under which the City .proposes to convey the Property to the HCRRA for redevelopment. WHEREAS, the City and HRA have drafted a Purchase Agreement to transfer, ownership of the Property from the HRA to the City. WHEREAS, the Exchange Agreement requires all title matters be addressed to the HCRRA's satisfaction, including that the HRA and Ray Mar amend the Contract for Private Redevelopment and the Shared Parking Agreement to release all of their interests therein as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of the HRA as follows:. ~ ; 1. The Board hereby approves the sale of the Property in accordance with the terms • of the Purchase Agreement. 304102v1 LKT MU200-92 1 • 2. The Board hereby approves the amendment to the Shared Parking Agreement. 3. The Board hereby approves the amendment to the Contract for Private Redevelopment. 4. The Executive Director and Chair are authorized to execute and deliver all instruments necessary to effectuate this Resolution. 5. Effective Date: This Resolution shall take effect and be in force from and after its approval and publication. The foregoing resolution was moved by HRA Member by HRA Member The following HRA Members voted in the affirmative: The following HRA Members voted in the negative: Adopted this 9th day of January, 2007. i• and seconded Mark Hanus, Chair Attest: Bonnie Ritter, City Clerk 304102x1 LKT MU200-92 2 EXHIBIT A • That part of the. following described property: Outlot A, Mound Visions Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Lying south of a line drawn 25 feet. north of, and parallel with, the following described line: Commencing at the southwest corner of the Southwest Quarter of Section 13, Township 117 North, Range 24 West, Hennepin County, Minnesota; thence north, along the west line of said Southwest Quarter, a distance of 799.63 feet to the point of beginning of the line to be described; thence deflecting right 84 degrees 42 minutes 57 seconds a distance of 810.00 feet and said line there terminating. i• • 304102v1 LKT MU200-92 3 PURCHASE AGREEMENT • This Agreement is made as of 200_ by and between the CITY OF MOUND, a Minnesota municipal corporation ("Buyer") and HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, a public body corporate and politic under the laws of Minnesota ("Seller"). Recitals A. Seller is the owner of certain real estate in the City of Mound, County of Hennepin, legally described on the attached Exhibit A (the "Propert}~'). B. Buyer desires to acquire the Property for use in conjunction with a transit project and to provide street access to the adjacent land owned by the Seller. C. Seller deems it to be in the public interest to convey the Property to Buyer pursuant to the terms of this agreement. D. This sale constitutes the division of an existing parcel and will require a parcel split. E. This agreement is made pursuant to Minn. Stat. § 465.035 and § 4'11.64. • ~ Terms 1. Purchase Price. The purchase price for the Property is One Dollar ($1.00), which Buyer shall pay at closing. 2. Deed. Seller agrees to convey the Property to Buyer by one or more quit claim deeds. Seller and Buyer agree to execute and deliver customary closing documents, including but not limited to affidavit of seller. 3. Parcel Split. Buyer shall be responsible for obtaining any and all necessary u. approvals for the parcel split. 4. Title. Buyer shall be responsible for reviewing the condition of title to the Property and for resolving any title defects, if any. Buyer may refuse to accept title to the property if Buyer finds the condition of title to that property to be unsatisfactory in any respect. 5. Closing. The closing shall occur on a date that is mutually agreeable to the parties. 6. Closin~Costs. Seller shall pay real estate taxes, if any, due and payable in the year of closing and prior years. Buyer shall assume real estate taxes due and payable in the year following closing. Seller shall pay all special assessments levied against the Property and prior to Closing. Buyer shall assume all pending special assessments. Buyer shall pay deed . tax and all other closing costs not specifically mentioned in this paragraph. ~~ , .. , 303622v1 LKT MU200-92 1 • CITY OF MOUND By Its Mayor By Its City Manager HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF MOUND By Its Chairperson LJ • By Its Executive Director 303622v1 LdCT MU200-92 2 • EXHIBIT A Legal Description of Property That part of the following described property: Outlot A, Mound Visions Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Lying south of a line drawn 25 feet north of, and parallel with, the following described line: Commencing at the southwest corner of the Southwest Quarter of Section 13, Township 117 North, Range 24 West, Hennepin County, Minnesota; thence north, along the west line of said Southwest .Quarter, a distance of 799.63 feet to the point of beginning of the line to be described; thence deflecting right 84 degrees 42 minutes 57 seconds a distance of 810.00 feet and said line there terminating. r~ 303622v1 LKT MU200-92 • AMENDMENT TO SHARED PARKING AGREEMENT This Amendment to Shared Parking Agreement (this "Amendment"} is entered into as of this day of January, 2007, by and between HOUSING AND. REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA, a Minnesota public body corporate and politic (the "HRA"), and RAY MAR PROPERTIES, INC., a Minnesota corporation ("Developer"). RECITALS A. The HRA and Developer executed and entered into a Shared Parking Agreement dated _ , 2000. (the "Parking Agreement"). B. The Parking Agreement was memorialized by recording same with the Office of the Hennepin County Recorder on July 13, 2000, and bearing document number 7322621. C. The Parties have mutually agreed that the Parking Agreement should be amended by amending Exhibit A attached thereto. • NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Parking Agreement is amended as follows: L Exhibit A. Exhibit A is hereby amended to read as follows: Outlot A, Mound Visions Addition, Hennepin County, Minnesota, except that part of the following described property: Outlot A, Mound Visions Addition, according to the recorded plat thereof, Hennepin County, Minnesota; Lying south of a line drawn 25 feet north of, and parallel with, the following described line: Commencing at the southwest corner of the Southwest Quarter of Section 13, Township 117 North, Range 24 West, Hennepin County, Minnesota; thence north, along the west line of said Southwest Quarter, a distance of 799.63 feet to the point of beginning of the line to be described; thence deflecting right 84 degrees 42 minutes 57 seconds a distance of 810.00 feet and said line there terminating. . 2. CounterRarts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an .original and together which shall constitute one and the 304120v1 LKT MU200-92 same Amendment. This Amendment maybe delivered by facsimile transmittal or other electronic • communication of signed original counterparts. 3. Amendment. Except as set forth herein, the Parking Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the day and year. first. above written. r~ U HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA By By Its Chairperson Its Executive Director RAY MAR PROPERTIES, INC. By Its 304120v1 LKT MU200-92 • .AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT This Amendment to Contract for Private Redevelopment (this "Amendment") is entered into as of this day of January, 2007, by and between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA, a Minnesota public body corporate and politic (the "HRA"), and RAY MAR PROPERTIES, INC., a Minnesota corporation ("Developer"). RECITALS A. The HRA and Developer executed and. entered into a Contract for Private Redevelopment dated July 11, 2000 (the "Development Agreement"). B. The Development Agreement was memorialized by recording a Memorandum of Contract for Private Redevelopment with the Office of the Hennepin County Recorder on July 13, 2000, and bearing document number 7322614. C. The Parties have mutually agreed that the Development Agreement should be amended by amending Exhibit A attached thereto. • NOW, THEREFORE, for good and. valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Development Agreement is amended as .follows: 1. Exhibit A. Exhibit A is hereby amended to read as follows: Lot 1, Block 1, and Outlots A, B and C, Mound Visions Addition, Hennepin County, Minnesota, except that part of the following described property: Outlot A, Mound Visions Addition, according to the recorded plat thereof, Hennepin County, Minnesota; Lying south of a line drawn 25 feet north of, and parallel with, the following described line: Commencing at the southwest corner of the Southwest Quarter of Section, 13, Township 117 North, Range 24 West, Hennepin County, Minnesota; thence north, along the west line of said Southwest Quarter, a distance of 799.63 feet to the point of beginning of the line to be described; thence deflecting right 84 dcgrees 42 minutes 57 seconds a distance of 810.00 feet and said line there terminating. 304115v1 L,KT MU200-92 2. Counterparts. This Amendment may be executed in one or more counterparts, • each of which .shall be deemed to be an original and together which shall constitute one and the same Amendment. This Amendment maybe delivered by facsimile transmittal or other electronic communication of signed original counterparts. 3. Amendment. Except as set forth herein, the Development Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR, THE CITY OF MOUND, MINNESOTA By_ By Its Chairperson Its Executive Director • RAY MAR PROPERTIES, INC. By Its 304115v1 I.KT MU200-92