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1999-12-14• MINUTES -SPECIAL MEETING MOUND HRA -DECEMBER 14, 1999 The Housing and Redevelopment Authority of the City of Mound, Hennepin County, Minnesota, met in a special session on Tuesday, December 14, 1999, at 7:00 p.m., in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Pat Meisel; Councilmembers Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker; Acting City Manager Fran Clark; City Attorney John Dean; City Planner Loren Gordon; and Secretary Sue McCulloch. Others present: Bruce Chamberlain, James Prosser, and Sid Inman. Mayor Meisel called the meeting to order at 7:05 p.m. 1.0 APPROVAL OF MINUTES OF NOVEMBER 9, 1999. MOTION by Hanus, seconded by Brown, to accept the minutes as submitted. The vote was unanimously in favor. Motion carried. 5-0. 0.1 APPROVAL OF MINUTES OF NOVEMBER 23. 1999. Mayor Meisel stated on page 6, the vote made for the two motions in incorrect and should read 4-0 instead of 5-0. Also, even though is does state Mayor Meisel stepped down as • Chair, the minutes should state rather: "Mayor Meisel excused yourself from participation and abstained from voting." Mayor Meisel stated on page 7, paragraph 8 the dates for the special Housing and Redevelopment Authority meeting should be Monday, November 29, 1999, or Tuesday, November 30, 1999. MOTION by Ahrens, seconded by Hanus, to approve the minutes as amended. The vote was unanimously in favor. Motion carried. 5-0. 1.1 RESOLUTION MODIFYING DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM THEREFORE• AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-2 THEREIN AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR. Sid Inman of Ehlers & Associates, Inc. presented the most recent updated tax increment plan to the councilmembers. Mr. Inman stated at the 7:30 p.m. City Council meeting tonight there would be a public hearing to approve the plan and at that time Mr. Inman will read the changes that were made into the plan unless the Housing and Redevelopment Authority would like to hear them now. Mr. Inman stated the purpose for tonight's Housing and • Redevelopment Authority meeting it to approve the plan before the City Council meeting. MOUND HRA MINUTES -DECEMBER 14, 1999 Councilmember Brown stated there were changes to the tax increment plan because of the • Green Tee and Phillip 66 parcels the Planning Commission added into the plan on Monday, December 13. Prosser corrected Brown. Evidently parcels at this point cannot be added or expanded at this point in time; they can only be decreased. If any parcels are added, the whole process of applying will need to start completely over. Mr. Chamberlain stated there was a parcel removed that was a marsh or wetland area owned by the City and Tom Reise's residential property south of Bartlett Boulevard. The consensus from the councilmembers was to wait and hear the changes in the tax increment financing plan in more detail at tonight's public hearing. Councilmember Hanus restated the parcels that were changed are the pieces mentioned by Mr. Chamberlain, and the parcels mentioned by Councilmember Brown that the Planning Commission wanted to add in from their December 13, 1999, meeting would not be included at this point. Councilmember Brown stated he understands why the pieces at this point cannot be put in which were approved by the Planning Commission, although, he would like to know how much trouble it would be in the future to include those back into the tax increment financing • plan. Mr. Inman stated the statute requires the same process for any amount of parcels being added or expanded back into the tax increment financing plan. He stated there would be notifications and qualification as in the beginning consisting of the property needing to be 70 percent occupied and 51 percent substandard. Mr. Inman stated his first guess is these properties would qualify. Councilmember Hanus stated even if the City did not want to add the Green Tee and the Phillip 66 parcels back in, the City can still spend the 25 percent of increment money outside the district. Councilmember Ahrens asked why the properties would not get included in the district. Mr. Inman stated if there was a financial gain or a change in the law, they would get added into the district. The City Attorney stated as time goes by there will be some fine tuning with the Plan and at that time it would be appropriate to modify the Plan by including additional parcels if there is a need. Ahrens moved and Hanusseconded the followin resolution as submitted asked to have it moved onto the City Council for approval. r~ ~~ 2 MOUND HRA MINUTES -DECEMBER 14, 1999 RESOLUTION #99-16: RESOLUTION MODIFYING • DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM THEREFORE; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-2 THEREIN AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR. The vote was unanimously in favor. Motion carried. 5-0. 1.2 ADTOURNMENT MOTION by Ahrens, seconded by Mayor Meisel, to adjourn the meeting at 7:15 p.m. The vote was unanimously in favor. Motion carried. 5-0. Francene C. Clark, City Clerk, Acting City Manager • CJ • MOUND HOUSING AND REDEVELOPMENT AUTHORITY CITY OF MOUND HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 99-16 RESOLUTIONMODIFYING DEVELOPMENT DISTRICT NO. I AND ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM THEREFOR; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-2 THEREIN AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, it has been proposed that the Board of Commissioners (the "Board") of the Housing and RedevelopmentAuthority (the "HRA)" forthe City of Mound (the "City") modify Development District No. I and adopt the Modification to the Development Program therefor and establish Tax Increment Financing District No. 1-2 therein and adopt the Tax Increment Financing Plan therefor, (collectively, • the "Program and Plan"), all pursuant to and in conformity with existing law, including Minnesota Statutes, Sections 469.001 through 469.047, and Sections 469.174 to 469.179, inclusive, as amended, all as reflected in the Program and Plan • and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the Program and Plan and has caused the Program and Plan to be prepared; and WHEREAS, the proposed developments as described in the Program and Plan, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; and V'VHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Program and Plan, including but not limited to, notification of Hennepin County and School District No. 277 having taxing jurisdiction over the property to be included in Tax Increment Financing District No. 1-2, notice of a proposed redevelopment district to the local county commissioner, a request for review of and written comment on the Program and Plan by the City Planning Commission, and a request that the Council schedule a public hearing on the • Program and Plan upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that Tax Increment Financing District No. 1-2 is • • __ in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. IO (a)(1), and finds that the adoption of the proposed Program and Plan will advance the HRA's and City's objectives of encouraging redevelopment within Development District No. 1. 2. Conditioned upon the, approval thereof by the City Council following its public hearing thereon, the Program and Plan, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on Pile in the office of the City Clerk. 3. Upon approval of the Program and Plan by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program and Plan and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Program and Plan does not constitute approval of any project or a Development Agreement with • any developer. 4. Upon approval of the Program and Plan by the City Council, the City - Clerk is authorized to forward a copy of the Program and Plan to the Minnesota • Department of Revenue pursuant to Minnesota Statutes 469.175, subdivision 2. 5. The City Clerk is authorized and directed to forward a copy of the Program and Plan to the Henfiepin County Auditor and request that the Auditor certify the original tax capacity of District No. 1-2 as described in the Program and Plan, all in accordance with Minnesota Statutes 469.177. Approved by the Board ofcommissioners ofthe Mound Housing and Redevelopml6nt Authority this ~ day of p ~'~-' ~= /~7 ~ C~ 1999. -, ~ -~ Chair ATTEST • • • HRA RESOLUTION NO.11 RESOLUTION AUTHORIZING CERTAIN REVISIONS TO CONTRACT FOR PRIVATE REDEVELOPMENT WITH RAY MAR PROPERTIES, INC. WHEREAS, the HRA did on April 25, 2000 approve the form of a contract for private redevelopment between the HRA and Ray Mar Properties, Inc. (the "Contract"); and WHEREAS, subsequent to such approval it has become necessary to make certain modifications to the Contract; and WHEREAS, the Board has received the report and recommendations of its staff regarding such modifications, and determines the same to be necessary and appropriate and in furtherance of the proposed development. NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment • Authority in and for the City of Mound, Minnesota as follows: 1. Section 8.2 of the Contract is modified by revising the second paragraph of said section to read as follows: • "In addition to the foregoing, in order to facilitate the obtaining of construction or permanent financing of the Minimum Improvements, the HRA agrees to subordinate its rights under this agreement and the Mortgage to a mortgage given ade~see: to Crow River Bank in the nrinciyal amount of $1,088.000.00. " 2. Exhibit C of the Contract is modified by revising paragraph 9 thereof to read as follows: "9. Use by Others. It is understood that the HRA shall have the right to make parking spaces in the Parking Lot available to other owners and tenants and to the general public. It is understood that all spaces shall be available on a first come-first served basis. It is further understood that the HRA may in its discretion place restrictions on parking such as, without limitation, time limits, times of day, and types of vehicle; provided, however, that the HRA agrees not to place restrictions on parking which unreasonably and materially interfere with the business of the Redeveloper or its tenants on the Redevelopment Property. It is further understood that the HRA may close the Parking Lot when such closure is, in the judgment of the HRA, necessary for lot repairs, maintenance, reconstruction or for civic celebrations." In all other respects, the Contract remains unmodified. • HRA RESOLUTTON #00-11 • JUNE 13, 2000 The foregoing resolution was moved by boardmember Ahrens and seconded by boardmember Brown. The following board members voted in the affirmative Ahrens, Brown Hanus, Meisel and Weycker. The following board members voted in the negative: None. Dated June 13, 2000 Attest: • Executive Director • • SS/PAT MEISEL Pat Meisel, Chair