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2010-01-26 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. I0 AGENDA 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes of the January 12, 2010 regular meeting •4. 5. A 10 Action approving claims Sarah Smith, Community Development Director a. Review /action on HRA Resolution 2010- approving Certificate of Completion for Mound Visions 2 nd Addition in accordance with Amended and Restated Contract for Private Redevelopment by and between the Mound Housing and Redevelopment Authority in and For the City of Mound and MetroPlains Development LLC Adjourn Page 1 2 -5 6 -14 MOUND HOUSING AND REDEVELOPMENT AUTHORITY • JANUARY 12, 2010 The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, January 12, 2010, at 7:25 p.m. in the council chambers of city hall. Members present: Chair Mark Hanus; Commissioners David Osmek, Ray Salazar, and Heidi Gesch. Members absent: Commissioner Greg Skinner Others present: Executive Director Kandis Hanson, City Clerk Bonnie Ritter 1. Open meeting Chair Hanus called the meeting to order at 7:25 p.m. 2. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Osmek, seconded by Salazar to approve the minutes of the December 8, 2009 meeting. All voted in favor. Motion carried. • 4. Approve claims MOTION by Osmek, seconded by Gesch to approve claims in the amount of $54,563.92. All voted in favor. Motion carried. 5. Action on Resolution Making a Selection not to Waive Statutory State Limits MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -01H: RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES 6. Action on Resolution Approving Energy Efficiency and Conservation Grant Application MOTION by Salazar, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -021-1: RESOLUTION APPROVING THE ENERGY EFFICIENCY AND CONSERVATION BLOK GRANT APPLICATION 7. Adjourn MOTION by Salazar, seconded by Gesch to adjourn at 7:27 p.m. All voted in favor. Motion carried. Chair Mark Hanus • Attest: Bonnie Ritter, City Clerk -1- JANUARY 26, 2010 H.R.A. CLAIMS REPORT I 123109HRA2 $1,774.38 DEC I I 012610HRA $1,597.25 JAN I TOTAL $3,371.63 -2- • 0 0 CITY OF MOUND 01/21/10 9:11 AM Page 1 Pre- Written Check $0.00 Checks to be Generated by the Compute $1,774.38 Total $ 1,774.38 • ffC11 Payments Current Period: December 2009 .. ,, .. <♦ .4.. id r.�ri- *,i sax..nxv.u Viu. 7,.,..�r�.v. --, ... .c_,...�il`1#luri - '_. ;., xa.�,"' .. '� ..n �.. �3'+��13a�'- t'e'6= .�=�M1. .x� SMca+a.eFAv.. ,, ...a+d.rUwrrf.'adso+a - Batch Name 123109HRA2 User Dollar Amt $1,774.38 Payments Computer Dollar Amt $1,774.38 $0.00 In Balance Refer 123109 MOUND, CITY OF _ AP Payment E 680 -49800 -382 Water Utilities 12 -09 WATER SEWER SERVICE $1,705.18 Invoice 123109 -B 12/31/2009 Transaction Date 12/31/2009 Due 12/31/2009 Accounts Payable 20200 Total $1,705.18 Refer 123109 TRUE VALUE, MOUND _ AP Payment E 680 -49800 -220 Repair /Maint Supply WEATHER SEAL, ETC $46.85 Invoice 66517 12/31/2009 AP Payment E 680 -49800 -220 Repair/Maint Supply DURA FORCE OIL $4.89 Invoice 66629 12/31/2009 AP Payment E 680 -49800 -220 Repair /Maint Supply CONNECTOR, CAP $10.86 Invoice 66702 12/31/2009 AP Payment E 680 - 49800 -220 Repair /Maint Supply SHARKBITE $4.08 Invoice 66707 12/31/2009 AP Payment E 680 -49800 -220 Repair /Maint Supply MISCELLANEOUS SUPPLIES $2.52 Invoice 324100 12/31 /2009 Transaction Date 12/31/2009 Due 12/31/2009 Accounts Payable 20200 Total $69.20 Fund Summary 20200 Accounts Payable 680 HRA PUBLIC HOUSING $ 1,774.38 $1,774.38 Pre- Written Check $0.00 Checks to be Generated by the Compute $1,774.38 Total $ 1,774.38 • ffC11 CITY OF MOUND Payments 01/21/10 9:11 AM Page 1 Current Period: January 2010 Batch Name 012610HRA Payments User Dollar Amt $1,597.25 Computer Dollar Amt $1,597.25 $0.00 In Balance Refer 12610 CHARLES, ALLISON _ Cash Payment E 680 - 49800 -440 Other Contractual Servic 02 -10 CARETAKER DUTIES Invoice 012610 1/26/2010 $450.00 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $450.00 Refer 1 2610 FRONTIER/CITIZENS COMMUNICA Cash Payment E 680 -49800 -321 Telephone & Cells 01 -13 -10 THRU 02 -12 -10 TELEPHONE $203.28 SERVICE Invoice 012610 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $203.28 Refer 12610 HD SUPPLY FACILITIES MA/NTEN _ Cash Payment E 680 -49800 -220 Repair /Maint Supply FLUSH VALVE VACUUM BREAKER KIT $12.61 Invoice 9100580116 1/26/2010 PO 22377 Cash Payment E 680 -49800 -220 Repair /Maint Supply TOILET ROLLER KITS $108.95 Invoice 9100591322 1/2612010 PO 22377 Cash Payment E 680 -49800 -220 Repair /Maint Supply TOILET SEAT $100.61 Invoice 9100591323 1/26/2010 PO 22378 Cash Payment E 680 - 49800 -220 Repair /Maint Supply TOILET REPAIR KIT $85.31 Invoice 9100621281 1/26/2010 PO 22378 Cash Payment E680-49800-210 Operating Supplies TRASH LINERS $167.67 Invoice 9100542669 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $475.15 Refer 12610 MEDIACOM _ Cash Payment E 680 - 49800 -440 Other Contractual Servic 12 -24 -09 THRU 01 -23 -09 ONLINE SERVICE $79.95 Invoice 012610 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $79.95 Refer 12610 MINNESOTA ELEVATOR, INCORP Cash Payment E 680- 49800 -440 Other Contractual Servic 01 -10 ELEVATOR MAINTENANCE $235.47 Invoice 175596 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $235.47 Refer 12610 STA -SAFE LOCKSMITHS COMPAN� Cash Payment E 680 - 49800 -401 Building Repairs MAILBOX TAILPIECE ASSEMBLY $137.35 Invoice 18239 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $137.35 Refer 12610 WESTONKA MECHANICAL CONTR _ Cash Payment E 680 - 49800 -220 Repair /Maint Supply TOILET PARTS $16.05 Invoice 33994 1/26/2010 Transaction Date 1/21/2010 Wells Fargo HRA 10120 Total $16.05 • • • CITY OF MOUND 01/21/10 9:11 AM Page 2 Payments Current Period: January 2010 _,P+h o._rf« >+nw @ Vi a. v 4. aa.x.ea' €�d;wFM ?�h `.:z °A� i�E?r ai:Ft n. - . - `P.fi� �FeEcJ&�l' ✓mvW�.ar;�n I" +roa :, `= Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $1,597.25 $1,597.25 Pre - Written Check $0.00 Checks to be Generated by the Compute $1,597.25 Total $1,597.25 -5- 5341 Maywood Road I 1,ALT 111111 ITIVIVA • Mound, MN (952) 4 7 2-0 604 55364 Planning • (952)42 -0 De p ar t m ent X114►'Ius] I Bill I!A To: Mound Housing and Redevelopment Authority (HRA) From: Sarah Smith, Comm. Dev. Director / City Manager Kandis Hanson Date: January 21, 2010 Re: Mound Visions 2 " Addition — Certificate of Completion Summary Pursuant to Section 4.7 of the Amended and Restated Contract for Private Redevelopment by and between the Mound Housing and Redevelopment Authority (HRA) and MetroPlains Development LLC dated January 8, 2002, a resolution (draft) related to issuance of a Certificate of Completion for the constructed improvements has been prepared for consideration and action by the HRA. Comments. • Based on Staff review and discussion with Vern Hanson of MetroPlains, it is Staffs understanding that the aforementioned certificate was not previously requested by the developer. • • The requested action is being taken following a request closing agent as it is required for an upcoming sale in the Village by the Bay (VBTB) neighborhood. • The park and trail improvements were accepted by the City in 2005 in accordance with the Subdivision Agreement. Members may recall that the VBTB Homeowner's Association requested and received a CUP -PDA amendment to eliminate a small east -west trail section on the north side of the stormwater pond in 2007. • Staff considers this requested action to be "housekeeping" in nature as site related improvements have been undertaken by the developer. • A complete copy of the aforementioned agreement with MetroPlains is on file at City Hall and will be provided upon request. • The HRA shall not be responsible for recording the Certificate of Completion nor shall it be responsible for any fees related this activity. Recommendation. Approval. • U: \SSmith\My Documents\ Memorandums \2010\memohracertificate of completion for MP.doc 11-11 :7 MOUND HOUSING AND REDEVELOPMENT AUTHORITY HRA RESOLUTION 2010- RESOLUTION APPROVING CERTIFICATE OF COMPLETION FOR MOUND VISIONS 2 ND ADDITION IN ACCORDANCE WITH THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE MOUND HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF MOUND AND METROPLAINS DEVELOPMENT WHEREAS, the Mound Housing and Redevelopment Authority (the HRA) and MetroPlains Development LLC (the Redeveloper) entered into a Contract for Private Redevelopment on December 4, 2000, which was amended by a First Amendment to Private Redevelopment on March 13, 2001. The Amended and • Restated Contract for Private Redevelopment was approved on January 8, 2002; and WHEREAS, Section 4.7 of the Amended and Restated Contract for Private Development states that the HRA, upon notification by the Redeveloper, will provide a Certificate of Completion following substantial completion of the Minimum Improvements for the Components as referenced in the Contract; and WHEREAS, Section 1.1 of the Amended and Restated Contract for Private Development defines the Minimum Improvements as `The improvements to be constructed by Redeveloper on the Redevelopment Property. The Minimum Improvements are expected to include approximately 99 residential units and related site improvements and amenities (the "Residential Component), approximately 67,000 square feet of commercial space and related site improvements and amenities (the "Commercial Component) "; and WHEREAS, the Redeveloper has fully constructed the Minimum Improvements and a copy the Certificate of Completion is included as Exhibit A NOW THEREFORE BE IT RESOLVED of the Housing and Redevelopment Authority (HRA) of the City of Mound, Minnesota as follows: 1. The Certificate of Completion, in substantially the form of Exhibit A , is approved and shall be made subject to any and or all comments from the City Attorney. • -7- 2. The Chair and Executive Director are hereby authorized and directed to execute the Certificate of Completion on behalf of the Housing and • Redevelopment Authority including preparation in recordable form. 3. The Certificate of Completion is hereby approved for the following described property: Mound Visions 2nd Addition, according to the recorded plat thereof. Hennepin County, Minnesota. 4. The HRA shall not be responsible for recording the Certificate of Completion nor shall it be responsible for any involved fees related to this activity. The foregoing resolution was moved by HRA Member and seconded by HRA Member The following HRA Members voted in the affirmative: The following HRA Members voted in the negative: Adopted this day of January 2010 • Executive Director Mayor Hanus Attest: City Clerk Bonnie Ritter • • Exhibit A Certificate of Completion The undersigned hereby certifies that MetroPlains Development LLC, a I[] Minnesota limited liability company, has fully and completely complied with its obligations under Article IV of that document entitled "Amended and Restated Contract for Private Redevelopment', dated January 8, 2002, between The Housing and Redevelopment Authority in and for the City of Mound, and MetroPlains Development LLC, a Minnesota limited liability company, with respect to construction of the Minimum Improvements for the Component located on the tract of land described in the attached Exhibit B in accordance with the requirements of such document and is released and forever discharged from its obligations to construct the Minimum Improvements on such Component under such above - referenced Article on the above - referenced tract. DATED: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND Its Chairperson Its Executive Director • _g- Exhibit B • Legal Description Mound Visions 2 " Addition, according to the recorded plat thereof. Hennepin County, Minnesota • • -10- e !' January 4, 2002 � 0 • AMENDRD AND RESTATED CONTRACT FOR PRIVATE RBDRVNLOPMENT BY AND BMVEEN TIM ROUSING AND REDEVzLOPMENT AUTHORITY IN AND FOR TIM CITY OF MOUND AND NXTROPLAINS DRVELOPMENT LLC 2nn2—. Rjd sveermrd nxtropintnf teuatad —11— TABLE OF CONTENTS ARTICLE I Definitions and Exhibits Section 1.1. Definitions .......................:..................................................... ..............................2 Section 1.2, Exhibits ........................ : ........ .. ..........,......,,.........4 Section 1.3. Rules of Interpretation ...........:............................................... .....................:........4 ARTICLEII • Representailoas Section 2.1. Representations by the Redoveloper .......................................... 5 Section 2.2, Representations by BRA ....................................................... ...........:..................6 ARTICLE III Site Assembly Section 3.1. Acquisition ................ . ...................... ......... Construction of Minimum improvements Section 4.1. Agreement to Construct...... ................................................. ..............................6 Section 4.2. Demolition ........................................................................... .............................6 Section 4,2. 1, Relocation of Utititles ........................................................................... .............. 6 Section 4.3. Soil Correction— Contamination .................. ............................... .6 Section 4.4. Concept Plans ........ ....................... . ........................................... .........,.,.......... 7 Section 4.5. Commencement and Completion of Construction ................. ..............................7 Y i on 4.6. Construction Reports ........................................................... ............................... 7 tion 4.7. Ceriifloate of Compietion ...................................................... ..............................7 Public Improvements Section 5.1 . .............................................................................................. ..............................8 ARTICLE V1 CastiWty Losses Section6.1 . .............................................................................................. ..............................8 ARTICLE VII Tax Increment; Site Costs Section7.1 . . ............................... • 01 -12- 0 • for the Minimum Improvements, the existence of contaminants or pollutants, or the cost of correcting any unsuitable soil conditions, contamination or pollution.. Section 4.4. Concept Plans. The Redeveloper has submitted and the I" has approved schematic Concept plans. If the Redeveloper desires to make any change In the Concept Plans that will result in a use change, a change in the expected value of the Minimum Improvements, or a change In the exterior design of the Minimum Improvements or the site, the Redeveloper shall submit the proposed change to the HRA for its approval. If the Concept. Plans, as modified by the proposed change, conform to the requirements of this Section with respect to such Previously approved Concept Plans, the HKA shall approve the proposed change and notlfy the Redeveloper in writing of its approval. Such change in the Concept plans shall, i any event, be deemed approved by the 11RA unless rejected, in whole or in part, by written notice by the HRA to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within twenty (24) days after receipt of the notice of such change, Final construction plans and specifications shall be reviewed by the City Buitding Official in connection with issuance of building permits. No building permit may be issued if the final construction plans and specifications materially depart from the approved Concept Plans, Section 4.5. Commencement and Completion of Construction. The Redeveloper shall commence .construction of the Commercial Component ofthe Minimum Improvements by May 1,. 2002 and shall complete construction of the Commercial Component of the Minimum Improvements by May 1, 2003. Construction on at least a portion of the Residential Component Will also commence by May 1, 2002 for completion by December 31, 2002; and construction on the entire Residential Component will have been commenced by not later. than May 1, 2003 and be entirely completed by not laterthan December 31, 2004. The Redeveloper shall not be considered in breach of, or default in its obligations with respect to the commencement and completion of construction of the Minimum Improvements, if the occurrence of an Unavoidable Delay requires extension of the time or times for performance of the Redeveloper with respect to construction of the Min tnym Improvements provided, that the Redeveloper shall, within fifteen (15) days after the beginning of any such Unavoidable Delay, have notified the HAA thereof in writing, and of the cause or causes thereof, and further provided that the excused delay in performance may not exceed the duration of the Unavoidable Delay. Section 4.6, Construction Reports. During construction the Redeveloper shall make reports at such times and in such detail as may be reasonably requested by the HRA concerning the progress of construction. Section 4.7. Certifioato of Completion. completion o an Comp onent of the Minim zor. tact t;omponont are completed substantiail in accordance with the rM eement. I so, an cluvaill 1111 a s ave eon o tarn om the City on matters of platting, zoning, off-street parking, signage, drainage and landscaping for the portion of the Redevelopment Property 'to which the notification rotates, it will Rimish the Redeveloper with a Certificate of Completion for such Component. Such certification by the MU shall, except as -13- farther provided in this Section 4.7, be a conclusive determination of satisfaction and terminal 01 o of the agreements and covenants in this Agreement, with respect to the abllgationa of the Redeveloper to construct the Minimum Improvements for that Component. The certification provided fbr in this section shall be in recordable form, If the IIRA. shall refuse or f ti! to provide the Redeveloper a Certification in accordanoe with the provisions of this Section 4.7, the IRA shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indieao"S in adequate detail in what respects the Redeve[oper has failed to complete the Minimum Improvements !n accordance with the provisions of this Agreement, or are otherwise in de&ult, and what measures or acts it will b necessary, in the reasonable opinion of the BRA, for the Redeveloper to take or perform in o e rder to obtain such certification, ARTICLE v PUBLIC IWROVJGMENTS Section 5.1 The FMA and the Redeveloper have agreed on the design elements, construction timing and financial responsibility for the public improvements that will be constructed in connection with the Development. Those agreements have been or will be incorporated in a separate subdivision agreement between the City and the Redeveloper. ARTICLE VI • CASUALTY LOSSES Section 6.1 The Redeveloper agrees to notify the BRA in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage which reduces the Available Tax Inorement below the amount necessary to make debt service payments on the Bonds, the Redeveloper will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage; provided, however, that the Redeveloper's obligation to repair, reconstruct or restore the Residential Component, er portions thereof, shall terminate at the time that the Redeveloper transfers title to the Residential Component, or portions thereof to third party purchasers, -14- t I (Z /� -101�" C 6I DRAF MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 10- H RESOLUTION APPROVING CERTIFICATE OF COMPLETION FOR MOUND VISIONS 2 ADDITION IN ACCORDANCE WITH THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE MOUND HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF MOUND AND METROPLAINS DEVELOPMENT FOR THE RESIDENTIA COMPONENT OF THE REDEVELOPMENT PROJECT WHEREAS, the Mound Housing and Redevelopment Authority (the HRA) and MetroPlains Development LLC (the Redeveloper) entered into a Contract for Private Redevelopment on December 4, 2000, which was amended by a First Amendment to Private Redevelopment on March 13, 2001. The Amended and Restated Contract for Private Redevelopment was approved on January 8, 2002; and WHEREAS, Section 4.7 of the Amended and Restated Contract for Private Development states that the HRA, upon notification by the Redeveloper, will provide a Certificate of Completion following substantial completion of the Minimum Improvements for the Res Component as referenced in the Contract; and WHEREAS, Section 1.1 of the Amended and Restated Contract for Private Development defines the Minimum Improvements as `the improvements to be constructed by Redeveloper on the Redevelopment Property. The Minimum Improvements are expected to include approximately 99 residential units and related site improvements and amenities (the "Residential Component :and WHEREAS, the Redeveloper has fully constructed the Minimum Improvements fear, the Residential Cf. mponent nd a.a .co py the Certificate of Completion is included as Exhibit & ��""" - - NOW THEREFORE BE IT RESOLVED of the Housing and Redevelopment Authority (HRA) of the City of Mound, Minnesota as follows: i Formatted: Font: 18 pt —� Deleted: s Deleted:, approximately 67,000 square feet of commercial space and related site improvements and amenfts (the "Commercial Com onent and P '° Deleted: and t _......_........ . Deleted: 8 Deleted: 1. form of Exhibit A, is ~ for the Residential Component of the R�64velo� Property. and shall be made subject 8o any and or all comments from JhUe L�l£4 the == Cit y �__--'= ,----_---__---__ .... .... ... _............ 2. The Chair and Executive Director are hereby authorized and directed hn execute t h e Certificate ofCompletion for the Residential Component on behalf of the Housing and Redevelopment Authority including preparation in recordable form. _-- Formatted: Indent Hanging: 0.5" 3. The Certificate of Completion for the Residential Component of the °__ Formatted: Indent: Hanging: 0.5" Redevelo ment Property legally deschbed as follows is hereby approved: � ,4. The HRA shall not be responsible for recording the Certificate of nor shall it be responsible for any involved fees related to this activity. The foregoing resolution was moved by HRA Member _ and seconded byHRAMember The fd|ovfingHR\ Members voted in the affirmative: The following HRA Members voted in the negative: Adopted this _ day mf January 2010 MmyorHanuo Attest: ____,Bonnie Ritter City 614k ' Deleted: the City 1 Deleted: Deleted: <#> for the following described property Mound Visions 2 Addition, according to the recorded plat thereof. I Hennepin County, Minnesota. Formatted: Indent Left: 0 25" Deleted: I Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Bullets and Zrnb.rinq Deleted: Executive Director ---' Deleted: City Clerk --.'� Exhibit A Certificate of Completion The undersigned hereby certifies that MetroPlains Development LLC, a Minnesota limited liability company, has fully and completely complied with its obligations under Article IV of that document entitled "Amended and Restated Contract for Private Redevelopment', dated January 8, 2002, between The Housing and Redevelopment Authority in and for the City of Mound, and MetroPlains Development LLC, a Minnesota limited liability company, with respect to construction of the Minimum Improvements for the Residential Component of the redevelopment Proiect located on the tract of land described in the attached Exhibit B in accordance with the requirements of such document and is released and forever discharged from its obligations to construct the Minimum Improvements on such Residential Component under such above - referenced Article on the above - referenced tract. DATED: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND 12 Its Chairperson By Its Executive Director Exhibit B Legal Description Residen Comp onent r .......... ...... ......... ._____. .... .._....... .._..._.__.. ...- ......_ - _._._. . ._ . . _...._._._._�_...----..-----' -- i Deleted• j to be inserted ..... ....... ... ......... .... Addition, ac to the recorded plat thereof.¶ Hennepin Count Minnes �` ��