2012-09-11 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS
0 AGENDA
MOUND HOUSING &REDEVELOPMENT AUTHORITY
REGULAR MEETING
TUESDAY, SEPTEMBER 11, 2012 6:45 P.M.
MOUND CITY COUNCIL CHAMBERS
Page
1. Open meeting
2. Action approving agenda, with any amendments
3. Action approving minutes: August 28, 2012 regular meeting 1
4. Action approving claims 2 -4
105. David Newman, representing Mound Harbor Renaissance 5 -12
Development, requesting action adopting Resolution Authorizing
Third Amended and Restated Addendum to Contract for Private
Development
6. Action on Resolution Authorizing the Levy of a Special Benefit 13
Levy Pursuant to Minnesota Statutes, Section 469.033, Subdivision
6 and Approval of a Budget for Fiscal Year 2013
7. Adjourn
•
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
•
August 28, 2012
The Mound Housing and Redevelopment Authority in and for the City of Mound,
Minnesota, met in regular rescheduled session on Tuesday, August 28, 2012 at 6:55
p.m. in the council chambers of city hall.
Members present: Chair Mark Hanus; Commissioners Kelli Gillispie, Heidi Gesch, and
David Osmek
Members absent: Commissioner Ray Salazar
Others present: Executive Director Kandis Hanson, City Clerk Bonnie Ritter.
1. Open meeting
Chair Hanus called the meeting to order at 6:55 p.m.
2. Approve agenda
MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor.
Motion carried.
3. Approve minutes
MOTION by Gesch, seconded by Osmek to approve the minutes of August 16, 2012.
The following voted in favor: Hanus, Gesch and Osmek. The following voted against:
None. Gillispie abstained because she was absent from the August 16 meeting.
• Motion carried.
4. Approve claims
MOTION by Osmek, seconded by Gesch to approve payment of claims in the amount of
$4,572.17. All voted in favor. Motion carried.
5. Adjourn
MOTION by Osmek, seconded by Gesch, to adjourn at 6:56 p.m. All voted in favor.
Motion carried.
Chair Mark Hanus
Attest: Bonnie Ritter, City Clerk
•
1
Mound HRA Claims as of 09 -11 -12
YEAR
2012
2012
BATCH NAME
091112HRA
0911COMBOND
TOTAL CLAIMS
DOLLAR
AMOUNT
$4,250.92
$333.09
0
$4,584.01
0
2
S: \FINANCE DEPT\AP \HRA MTG CLAIMS LISTING
Pre - Written Check $0.00
Checks to be Generated by the Computer $4,250.92
Total $4,250.92
is
3
MOUND, MN
09/06 8 :02 g M
�.._�
Payments
CITY OF MOUND
Current Period: September 2012
Batch Name 091112HRA User Dollar Amt $4,250.92
Payments Computer Dollar Amt $4,250.92
$0.00 In Balance
Refer 1 CENTERPOINT ENERGY (MINNEG _
Cash Payment E 680 -49800 -383 Gas Utilities GAS SERVICE 7 -20 THRU 8 -20 -2012 IKM
$814.00
Invoice 091112 8/22/2012
Transaction Date 8/30/2012 Wells Fargo HRA 10120 Total
$814.00
Refer 15 COVERALL CLEANING CONCEPTS
Cash Payment E 680 - 49800 -460 Janitorial Services COMMERCIAL CLEANING SVC IKM
$598.59
SEPTEMBER
Invoice 7070181440 9/1/2012
Transaction Date 9/5/2012 Wells Fargo HRA 10120 Total
$598.59
Refer � 7 THYSSEN -KRUPP ELEVATOR COR�
Cash Payment E 680 - 49800 -440 Other Contractual Servic ELEVATOR MAINTENANCE 9 -1 -12 THRU 11-
$474.75
30 -12 IKM
Invoice 3000229997 9/1/2012
Transaction Date 9/6/2012 Wells Fargo HRA 10120 Total
$474.75
Refer �45 TRUE VALUE MOUND (IKM)
Cash Payment E 680 -49800 -220 Repair /Maint Supply 4" ROLL REFILL 6 PK, PROPANE EXCHANGE
$33.11
• Invoice
096616 8/6/2012
Cash Payment E 680 -49800 -220 Repair /Maint Supply NICKEL PLATED BOLT SNAP, KEYS
$12.56
Invoice 096910 8/14/2012
Transaction Date 9/5/2012 Wells Fargo HRA 10120 Total
$45.67
Refer 16 XCEL ENERGY
Cash Payment E 680 - 49800 -381 Electric Utilities ELECTRIC SVC 7 -24 THRU 8 -22 -12 IKM
$2,317.91
Invoice 436421198 8/24/2012
'Transaction Date 9/5/2012 Wells Fargo HRA 10120 Total
$2,317.91
Fund Summary
10120 Wells Fargo HRA
680 HRA PUBLIC HOUSING $4,250.92
$4,250.92
Pre - Written Check $0.00
Checks to be Generated by the Computer $4,250.92
Total $4,250.92
is
3
MOUND, MN 09/06/12 8:02 eM
Payments
CITY OF MOUND
a Current Period: September 2012
W. N{rfu.�++b'SFUi >wvr�oi. + S+s�TNA. �i � � �e -+a'� .:: A » . •v.
Batch Name 0911COMBOND User Dollar Amt $333.09
Payments Computer Dollar Amt $333.09
Refer 10 COMMON BOND COMMUNITIES
Cash Payment E 68049800 -101 F T Empl Regular
PAYROLL REIMBURSEMENT 08 -24 -12
$245.08
OFFICE SALARY
Invoice 011073 8/24/2012
Transaction Date 8/30/2012
Wells Fargo HRA 10120
Total
$245.08
Refer 12 COMMON BOND COMMUNITIES
Cash Payment E 680 -49800 -122 FICA
PAYROLL REIMBURSEMENT 08 -24 -12
$19.29
OFFICE ER TAX
Invoice 011074 8/24/2012
Transaction Date 8/30/2012
Wells Fargo HRA 10120
Total
$19.29
Refer 14 COMMON BOND COMMUNITIES
Cash Payment E 680 - 49800 -131 Employer Paid Health
PAYROLL REIMBURSEMENT 08 -24 -12
$40.10
OFFICE ER INSURANCE
Invoice 011075 8/24/2012
Transaction Date 8/30/2012
Wells Fargo HRA 10120
Total
$40.10
Refer 15 COMMON BOND COMMUNITIES _
Cash Payment E 68049800 -121 PERA
PAYROLL REIMBURSEMENT 8 -24 -12 OFFICE
$9.10
ER 401 K MATCH
Invoice 011076 8/24/2012
Transaction Date 8/30/2012
Wells Fargo HRA 10120
Total
$9.10
Refer 17 COMMON BOND COMMUNITIES
Cash Payment E 68049800 -322 Postage
POSTAGE 8 -12 IKM
$0.65
Invoice 014118 8/30/2012
Cash Payment E 680 - 49800 -331 Use of personal auto
COMP SUPPL MILEAGE 8 -17 -12 #6314
$18.87
Invoice 014087 8/28/2012
Transaction Date 9/5/2012
Wells Fargo HRA 10120
Total
$19.52
Fund Summary
10120
Wells Fargo HRA
680 HRA PUBLIC HOUSING
$333.09
$0.00 In Balance
$333.09
Pre - Written Check $0.00
Checks to be Generated by the Computer $333.09
Total $333.09
N
•
•
5341 Maywood Road
Mound, MN 55364
• (952) 472 -0604
Memorandum
To: Mound Housing and Redevelopment Authority (HRA)
From: Sarah Smith, Comm. Dev. Director
Date: September 4, 2012
Re: Third Amended and Restated Addendum for Contract for Private Redevelopment -
Request for Contract for Private Development Extension - Mound Harbor Renaissance
Development (MHRD)
Background. For review and consideration, a document entitled Third Amended and Restated
Addendum to Contract for Private Development that was prepared by the HRA Attorney, has been
included on the September 11, 2012 HRA for discussion /action. A copy of the draft addendum was
provided to Dave Newman on behalf of MHRD and is currently under review. Members are advised that
notable changes to the Auditor's Road (Phase II) and Langdon Lane (Phase III) are being proposed and will
be discussed in detail at the meeting. It is anticipated that a representative(s) from MHRD will be present.
Staff Recommendation. Approval.
•
•
5
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION NO. 12 -_H •
RESOLUTION AUTHORIZING THIRD AMENDED AND RESTATED ADDENDUM TO
CONTRACT FOR PRIVATE REDEVELOPMENT
WHEREAS, the authority and the Redeveloper entered into a Contract for Private
Redevelopment dated March 22, 2005, and subsequently amended by First Amendment to
Contract for Private Redevelopment dated July 5, 2005, and by Addendum to Contract for
Private Development dated April 22, 2008, and by Amended and Restated Addendum to
Contract for Private Development dated June 8, 2011, and by Second Amended and Restated
Addendum to Contract for Private Development dated December 15, 2011 (collectively, the
"Contract "); and
WHEREAS, it is the desire of the parties to enter into this Third Amended and Restated
Addendum to Contract for Private Development in order to address matters that have occurred
since the amendment; and
WHEREAS, the Authority has reviewed the form of document entitled: Third Amended and
Restated Addendum to Contract for Private Development, (attached hereto as Exhibit A) and
has received the recommendations of Staff regarding same and is fully informed as to its
content.
NOW, THEREFORE, BE IT RESOLVED by the Authority as follows:
1. The Third Amended and Restated Addendum to Contract for Private •
Development is in all respects hereby approved.
2. The Executive Director and Authority Chair are directed to execute the same and
to take all steps necessary to carry out the obligations of the Authority
thereunder.
Adopted by the Housing and Redevelopment Authority in and for the City of Mound, Minnesota,
this 11 day of September 2012.
Chair Mark Hanus
Attest: Bonnie Ritter, City Clerk
•
Draft
• September 4, 2012
THIRD
AMENDED AND RESTATED
ADDENDUM
TO
CONTRACT FOR PRIVATE DEVELOPMENT
THIS THIRD AMENDED AND RESTATED ADDENDUM is made and entered
into as of the _ day of , 2012 by and between the Housing and Redevelopment
Authority in and for the City of Mound, Minnesota, a public body corporate and politic (the
"Authority") and Mound Harbor Renaissance Development, LLC, a Minnesota limited
liability company (the "Redeveloper")
RECITALS
WHEREAS, the Authority and the Redeveloper entered into a Contract for Private
Redevelopment, dated as of March 22, 2005 which was subsequently amended by: (i) the
First Amendment to Contract for Private Redevelopment, dated as of July 5, 2005; (ii) the
Addendum to Contract for Private Redevelopment, dated as of April 22, 2008; (iii) the
• Amended and Restated Addendum to Contract for Private Development, dated as of
January 8, 2010; and (iv) the Second Amended and Restated Addendum, dated as of
December 15, 2011 (collectively, the "Contract"); and
WHEREAS, it is the desire of the parties to enter into this Third Amended and
Restated Addendum in order to address matters that have occurred since the last
amendment.
NOW THEREFORE, in consideration of the premises and mutual obligations of
the parties hereto, the parties hereby agree as follows:
Section 1. Scope and Intent of Third Amended and Restated Addendum. The
provisions of this Addendum are intended to replace and supersede any provisions in the
Contract inconsistent with the provisions herein; but that otherwise, the Contract is to
remain in full force and effect according to its terms.
Section 2. Commencement and Completion of Phase I Minimum Improvements.
1. The parties acknowledge that construction of the Phase I Minimum
Improvements was commenced in a timely manner and in accordance with
the provisions of the Contract.
is
7
4077980 JAE MU195 -15 I
2. The time limits for completion of construction of the Phase I Minimum
Improvements are hereby released. •
Section 3. Commencement and Completion of Phase II Minimum Improvements.
1. Construction of the Phase II Minimum Improvements is expected to be
completed in three stages. The first stage, Stage I, will involve the
construction of a structure which may include mixed uses located westerly of
Stage II. The second stage, Stage II, may include all or part of Phase II lying
east of Stage I. The third stage, Stage III, will include all of Phase II not
covered by Stages I and H.
2. Construction of all stages of the Phase II Minimum Improvements must
commence not later than May 4, 2015, and be completed not later than 15
months after commencement.
3. If the Redeveloper fails to commence or complete construction of any Stage
of the Phase II Minimum Improvements within the time limits contained in
paragraph 2 above, the Authority may terminate the Contract as it pertains to
the rights and obligations of the Redeveloper to construct the Phase II
Minimum Improvements.
4. If the Redeveloper commences and completes the Stage I Minimum
Improvements within the time limits contained in paragraph 2 above, but •
fails to commence or complete the Stage H Minimum Improvements within
the time limits contained in paragraph 2 above, the Authority may terminate
the Contract as it pertains to the rights and obligations of the Redeveloper to
construct the Stage II and Stage III of the Phase II Minimum Improvements.
Section 4. Earlier Termination — Phase H Minimum Improvements. Either party may
terminate the Contract as it pertains to the rights and obligations of the Redeveloper to
construct the Phase II Minimum Improvements upon any of the following:
1. The City has not given preliminary plat approval to the plating of the parcel
on which the Stage I Minimum Improvements will be constructed by
October 1, 2014.
2. The parties have not reached agreement, and as necessary, amended the
Contract to address such matters as the amount of payment which the
Redeveloper will make for the purchase of Stage I lands owned by the HRA
or City, and the allocation of tax increment between the Redeveloper and the
HRA.
3. The Redeveloper has not obtained final approval of the final plat on or prior
to March 1, 2015.
C7
8
407798v5 JAE MU195 -15 2
4. Termination by the Authority as described in Section 7.
• Section 5. Commencement and Completion of Phase III Minimum Improvements.
1. Construction of all stages of the Phase III Minimum Improvements must
commence not later than May 4, 2015, and be completed not later than 15
months after commencement.
2. If the Redeveloper fails to commence or complete construction of the Phase
III Minimum Improvements within the time limits contained in paragraph 1
above, the Authority may terminate the Contract as it pertains to the rights
and obligations of the Redeveloper to construct the Phase III Minimum
Improvements.
Section 6. Earlier Termination — Phase III Minimum Improvements. Either party may
terminate the Contract as it pertains to the rights and obligations of the Redeveloper to
construct the Phase III Minimum Improvements upon any of the following:
1. The Redeveloper has not obtained final approval of the final plat on or prior
to March 1, 2015.
2. Termination by the Authority as described in Section 7.
• Section 7. Phase II and Phase III Marketing Efforts: Termination of Contract by
Authori The Redeveloper and the Authority acknowledge that further development
within the TIF District must be commenced no later than May 4, 2015 in order to receive
tax increment assistance. With this in mind, the Redeveloper and the Authority agree to
use their best efforts to find one or more secondary developers to complete the Phase II
Minimum Improvements and the Phase III Minimum Improvements. If the Redeveloper
finds a secondary developer to complete one or more stages of the Phase II Minimum
Improvements or the Phase III Minimum Improvements, the Contract will remain in
effect with respect to that portion of the Phase II Minimum Improvements and /or the
Phase III Minimum Improvements. If the Authority finds a secondary developer to
complete one or more stages of the Phase II Minimum Improvements and/or the Phase III
Minimum Improvements, the Authority has the option to terminate the Contract with
respect to that portion of the Phase II Minimum Improvements or Phase III Minimum
Improvements.
Section 8. Phase II and Phase III Right to Assign. The Redeveloper hereby agrees that,
for each Stage of the Phase II Minimum Improvements and the Phase III Minimum
Improvements, unless the Redeveloper has commenced construction on such Stage of the
Phase II Minimum Improvements and the Phase III Minimum Improvements, it will
transfer and assign its right title and interest in and to the development of such Stage of
Phase II Minimum Improvements and /or Phase III Minimum Improvements to any entity
designated and approved by the Authority for that purpose. Until such designation is made,
•
407798v5 JAE MU 195 -15 9
the Redeveloper may continue to review and act on the redevelopment of Phase II and Phase
III. •
Section 9. Phase III Trident Development Notwithstanding the provisions of Sections
7 and 8 of this Agreement, the Authority and the Redeveloper will work cooperatively with
Trident Development, LLC ("Trident'), or its assigns, to develop certain Phase III
Minimum Improvements consisting of an assisted living facility in the Landgon Lake area
(the "Trident Development "). At the present time, it is proposed that a new housing tax
increment district be created or other financing mechanisms be utilized to help finance the
proposed Trident Development. If such a financing mechanism is approved by the Board of
Commissioners of the Authority, the proposed Trident Development will be removed from
the purview of the existing Contract.
In relation to the Trident Development, the Authority, the Redeveloper and Trident will
cooperatively negotiate the terms of a development agreement. The Authority
acknowledges that the Redeveloper should be compensated for its efforts to develop the
Phase III Minimum Improvements, and specifically for its work with Trident. However, the
Authority and the Redeveloper agree that any compensation paid to the Redeveloper in
relation to the proposed Trident Development must fit within Trident's pro forma so that the
proposed Trident Development remains and continues to be viable. During the development
agreement negotiations, the Redeveloper shall discontinue its involvement if such
withdrawal will allow the proposed Trident Development to maintain viability.
•
(Remainder of this page intentionally left blank)
10
407798v5 JAE MU 195-15 4
IN WITNESS WHEREOF, the Redeveloper and the Authority have caused this Third
• Amended and Restated Addendum to the Contract for Private Redevelopment to be duly
executed in each of their names and on their behalf on or as of the date first above written.
Dated: .2012
•
•
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF MOUND, MINNESOTA
By
Mark Hanus
Chair
By
Kandis M. Hanson
Executive Director
407798v5 JAE MU195 -15 11
5
Dated: 9 2012
•
MOUND HARBOR RENAISSANCE
DEVELOPMENT, LLC,
By
David Newman
Chief Manager
1�1
[Redeveloper signature page to Third Amended and Restated Addendum to Contract for Private
Development] •
12
407798v5 JAE MU195 -15
• HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF MOUND
RESOLUTION NO. 12- H
AUTHORIZING THE LEVY OF
A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES,
SECTION 469.033, SUBDIVISION 6 AND APPROVAL
OF A BUDGET FOR FISCAL YEAR 2013
WHEREAS the Housing and Redevelopment Authority in and for the City of Mound (the
"HRA ") has been duly established and operates under Minnesota Statutes, Sections
469.001 to 469.047 (the "HRA Act'); and
WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the HRA to levy and
collect a special benefit levy of up to .0185 percent of taxable market value in the City upon
all taxable real property within the City in order to finance housing and redevelopment
activities authorized under the HRA Act; and
WHEREAS, the HRA has reviewed a budget for its operations for fiscal year 2013, which
budget earmarks the special benefits levy to pay debt service for the Mound Transit Center
bonds and any other costs related to HRA administrative, operating and /or capital expenses;
and
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Housing and
• Redevelopment Authority in and for the City of Mound as follows:
1. The budgets for the Mound Transit Center debt service and maintenance costs for
fiscal year 2013 are hereby in all respects approved.
2. Staff of the HRA are hereby authorized and directed to file the budget with the City in
accordance with Minnesota Statutes, Section 469.033, Subdivision 6.
3. The Board approves a special benefit levy for taxes payable in 2013 pursuant to
.Minnesota Statutes, Section 469.033, Subdivision 6, in the amount of $220,823, or
the maximum amount allowed, subject to the consent of the City Council of the City.
4. Staff of the HRA are hereby authorized and directed to seek the approval
by resolution of the City Council of the City of the levy of special benefit taxes in
2013, certify such proposed special levy with the Hennepin County Auditor by
September 17, 2012, certify the final levy with the County Auditor by the specified
date and take such other actions as are necessary to levy and certify such levy.
Approved this 11th day of September, 2012 by the Board of Commissioners of the Housing
and Redevelopment Authority in and for the City of Mound.
Chair Mark Hanus
Attest: Bonnie Ritter, City Clerk
13