2015-05-12 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
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MOUND HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING
TUESDAY, MAY 129 2015 6:50 P.M.
MOUND CITY COUNCIL CHAMBERS
Page
1. Open the meeting
2. Action approving agenda, with any amendments
3. Action approving minutes: April 28, 2015 regular meeting 1 -2
4. Action approving payment of claims
3 -5
5. Action on Resolution Consenting to Agreement for Improvements 6 -20
in the Harbor District
6. Adjourn
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
April 28, 2015
The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in
regular session on Tuesday, April 28, 2015, at 6:40 p.m. in the council chambers of the Centennial
Building.
Members present: Chair Mark Wegscheid, Commissioners Ray Salazar, Heidi Gesch, Kelli Gillispie,
Jennifer Peterson
Members absent: None
Others present: City Manager Kandis Hanson, Administrative Assistant Mary Mackres, Community
Development Director Sarah Smith, Assistant City Engineer Brian Simmons, Public Works
Superintendent Ray Hanson, Field Officer Stewart Simon, Consultant Planner Rita Trapp, City Attorney
Melissa Manderscheid,
Public Present: Mike Steadman, Katie Morford, Mark Sanderson, Shelly Loycano, Linda Johnson,
Marge Larson, Nellie Hysjulien, Allan Larson, Milton Hysjulien, Daniel Sedan, Beth & Mark Saliterman
1. Open meeting
Chair Mark Wegscheid called the meeting to order at 6:40 p.m
2. Approve agenda
MOTION by Salazar, seconded by Gesch, to approve the agenda. All voted in favor. Motion carried.
3. Approve minutes
MOTION by Salazar, seconded by Gesch, to approve the minutes of the April 14, 2015 regular
meeting. All voted in favor. Motion carried.
4. Approve claims
MOTION by Salazar, seconded by Gesch, to approve the claims in the amount of $9,331.27. All voted
in favor. Motion carried.
5. Catherine Pausche, Director of Finance and Administration, requesting action to appoint two
HRA Board Commissioners to serve on an advisory committee to review options for Indian
Knoll Manor
Pausche asked for two Commissioners to be on the advisory committee to develop the course of
action for the Indian Knoll Manor property. Pausche stated that with the preliminary Rental
Assistance Demonstration (RAD) project approval from HUD, a tight timeline will require day -time
meetings with the chosen development partner, HUD, IKM residents, among others. Chair
Wegscheid volunteered to serve on the advisory committee with Commissioner Salazar.
Commissioner Peterson will serve as alternate.
6. Catherine Pausche, Director of Finance and Administration, requesting action on a
Resolution Approving Rental Assistnace Demonstration (RAD) Project Partner
Pausche gave a brief history of Indian Knoll Manor and the HRH's exploration of alternatives for the
property which included, in 2009, an analysis by Sarah Smith of options to improve the property.
Pausche referred to the materials in the packet, including the Signet Partners RAD Feasibility Study
completed in 2013, the responses from Common Bond and Aeon to the Request for Qualifications
and Interest in Purchasing Indian Knoll Manor. Pausche said the HRA was fortunate to have the
top two non - profit affordable housing developers interested in IKM and that either partner would
likely bring a successful outcome. Pausche stated Staff based their recommendation to choose
Aeon over CommonBond due to their recent experience with a HUD disposition process, Aeon's
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HRA Minutes —April 28, 2015
willingness to consider revitalization over a complete rebuild, and the strong letters of reference
from area cities in which Aeon has worked with,
Mayor Wegscheid said he agrees with the assessment and is excited to see the project move
forward.
MOTION by Salazar, seconded by Gesch to approve the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 15-06: RESOLUTION APPROVING RENTAL ASSISTANCE
DEMONSTRATION (RAD) PROJECT PARTNER
7. Adjourn
MOTION by Gesch, seconded by Salazar, to adjourn at 6:50 p.m. All voted in favor. Motion carried.
Attest: Catherine Pausche, Clerk
ffia
Chair Mark Wegscheid
MOUND HRA CLAIMS
5-12-15 MEETING
BATCH NAME
III* '
$15,732.73
TOTAL CLAIMS $15,732.73
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CITY OF MOUND
Payments
Current Period: May 2015
05/06/15 1:29 PM
Page 1
Batch Name
051215HRA User Dollar Amt $15,732.73
Payments Computer Dollar
Amt $15,732.73
$0.00 In Balance
Refer
1 ALPHA RUG AND CARPET CLEAN!
Cash Payment
E 680- 49800 -402 Building Maintenance
CARPET EXTRACTION - WATER DAMAGE
$390.00
#111 -FAN RENTAL - RESTRETCH CARPET
Invoice 2910
4/30/2015
Transaction Date 5/5/2015
Wells Fargo HRA 10120 Total
$390.00
Refer
5 LEAGUE MN CITIES INSURANCE T�
Cash Payment
E 680- 49800 -361 General Liability Ins
1ST INSTALLMENT 2015 GEN LIAR INS 2 -1-
$6,600.00
15 THRU 2 -1 -16
Invoice 49689 -2
4/3012015
Transaction Date
5/6/2015
Wells Fargo HRA 10120 Total
$6,600.00
Refer
2 MOUND, CITY OF
Cash Payment
E 680 - 49800 -382 Water Utilities
WATER SVC 2 -27 -15 THRU 4 -1 -15 IKM
$2,205.13
Invoice 051215
4/20/2015
Cash Payment
E 680- 49800 -382 Water Utilities
WATER SVC 12 -2 -14 THRU 1 -1 -15 IKM
$2,144.41
Invoice 051215
2/20/2015
Transaction Date
5/6/2015
Wells Fargo HRA 10120 Total
$4,349.54
Refer
6 NS // MECHANICAL CONTRACTING,
Cash Payment
E 680- 49800 -440 Other Contractual Servic PREVENTATIVE MTCE AGREEMENT 2015
$1,597.00
2ND QTR APRIL THRU JUNE
Invoice C003892
4/30/2015
Cash Payment
E 680- 49800 -440 Other Contractual Servic ANNUAL RPZ TEST
$290.00
Invoice C003892
4/30/2015
Cash Payment
E 680 - 49800 -440 Other Contractual Servic HOT WATER HEATING SYSTEM INSPECTION
$270.00
Invoice C003892
4/30/2015
Transaction Date
5/6/2015
Wells Fargo HRA 10120 Total
$2,157.00
Refer
7 PARK SUPPLY OF AMERICAN, INC
Cash Payment
E 680 -49800 -220 Repair /Maint Supply
HEAT EXCHANGE COVER PANELS FOR
$521.61
TURNS & COMMONS
Invoice 27388800
4/21/2015
Transaction Date
�
5/6/2015
�
Wells Fargo HRA 10120 Total
$521.61
Refer
3 SHERWIN WILLIAMS COMPANY
Cash Payment E 680- 49800 -210 Operating Supplies
15 - 5 GAL PAINT NAVAJO WHITE- IKM
$189.60
Invoice 8197 -2
4/29/2015
Transaction Date
�
5/5/2015
Wells Fargo HRA 10120 Total
$189.60
Refer
4 XCEL ENERGY
Cash Payment E 680- 49800 -381 Electric Utilities
ELECTRIC SVC 3 -27 -15 THRU 4 -25 -15 IKM
$1,524.98
Invoice 454429129 4/27/2015
Transaction Date
3/5/2015
Wells Fargo HRA 10120 Total
$1,524.98
.ME
Fund Summary
680 HRA PUBLIC HOUSING
M k "ey; MM
Payments
Current Period: May 2015
10120 Wells Fargo HRA
$15,732.73
$15,732.73
Pre-Written Check $0.00
Checks to be Generated by the Computer $15,732.73
Total $15,732.73
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05/06/15 1:29 PIVI
Page 2
Staff Report
TO: Mound Housing and Redevelopment Authority
Staff and Consultants
FROM: Sarah Smith, Comm. Development Director
DATE: May 7, 2015
RE: Mound Westonka Rotary Project in the Mound Harbor District
Background. Kevin Ehlinger, on behalf of the Mound Westonka Rotary, is proposing a
beautification project in the Harbor District in downtown Mound and is requesting
approval for the project. A phased approach for permitting was recommended by
Staff to allow for tree planting during the optimal time of the year. Therefore, a Public
Lands Permit application for Phase 1 of the project, which included tree planting
activities, was previously submitted and received Council approval on March 24, 2015.
A Public Lands Permit application for Phase 2 of the project, which includes the
installation of art /sculpture pieces, picnic tables, an instrument station and related site
amenities, is included on the City Council's agenda for its Tuesday, May 12, 2015
meeting for consideration and is recommended for approval, subject to conditions.
Requested Action. As the Harbor District includes parcels that are owned by both the
City of Mound and the Mound HRA, both entities are required to sign the agreement. A
draft resolution has been prepared for the HRA's consideration which provides its
consent to the agreement and authorizes the agreement be signed by the Executive
Director and the Chair.
JMIfEA' I _N1' I •
RESOLUTION NO.
RESOLUTION CONSENTING TO AGREEMENT FOR IMPROVEMENTS Ii
THE HARBOR DISTRICT
WHEREAS, the applicant, Kevin Ehlinger, on behalf of the Mound Westonka Rotary,
submitted a Public Lands Permit application for Phase 1 which included tree planting
activities in the Harbor District on property that is owned by the City of Mound and the
Mound Housing and Redevelopment Authority (HRA); and
WHEREAS, the Phase 2 proposal from the applicant includes a beatification project in
the redevelopment district in downtown and involves:-the, placement of art/sculpture
pieces, installation of interactive music features and some multi-use, open space
areas; and
WHEREAS, Staff recommend approval of the Public Lands Permit application for
Phase 2, subject to conditions; and
WHEREAS, the Parks and Open Space Commission,,at its May 18, 2015 meeting,
considered the application and recommended approval; and
WHEREAS, the City Council approved the Public Lands Permit for Phase I on March
24,2015;and
WHEREAS, the City Council will be considering action on a resolution approving a
Public Lands Permit for Phase 2 at its meeting of Tuesday, May 12, 2015; and
WHEREAS, conditions in the,Gity Council resolution requires execution of an
agreement between the City of Mound and the applicant and also requires consent to
the agreement by the Mound HRA; and
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority of the City of Mound, Minnesota, does hereby consent to the agreement
between the City of Mound, the HRA and the Mound Westonka Rotary and hereby
authorizes and diredts-the Executive Director and Chair to enter into the Limited Use
Agreement for the Mound Harbor project, in substantially the same form as Exhibit A.
The City Attorney is authorized to make any required revisions and/or changes to the
Limited Use Agreement that are keeping with the intent of this Resolution.
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Adopted by the Housing and Redevelopment Authority this 12th day May, 2015.
Chair Mark Wegscheid
Executive Director Kandis Hanson
S1
Exhibit A
m
Exhibit A
so
AM
1 1
This LIMITED USE AGREEMENT (the "Agreement ") is made by and between the City of
Mound, a Minnesota municipal corporation, and the Housing and Redevelopment Authority for
the City of Mound, a public body corporate and politic and a political subdivision of Minnesota,
both of which are located at 2415 Wilshire Boulevard, Mound, Minnesota 55364 (collectively, the
"Owners ") and Rotary Club of Mound - Westonka, a , located at
(the "Developer ").
RECITALS
A. The Owners are the fee owners of certain real estate being in an area commonly
known as the Mound Harbor District in the City of Mound, Hennepin County, Minnesota, legally
described on the attached Exhibit A ( "Property"). The Property is currently being used a public
recreational open space; however, the Owners desire the addition of commercial and public use
improvements on the Property in the future.
B. Developer is a community service organization that desires to acquire, install, repair,
and maintain temporary public art, trees, rocks, and related recreation features on a portion of the
Property for the purpose of public recreation, use, and enjoyment. The area of the Property to be
used by Developer is depicted on the attached Exhibit B ( "Limited Use Area"). The locations of
the temporary improvements within the Limited Use Area as installed by Developer are depicted on
the attached Exhibit C.
C. Following a presentation by and a request by the Developer to the City Council of
the City of Mound on February 24, 2015, the Council formally supported the Developer's depiction
of the Limited Use Area. The City Council requested the project in the Limited Use Area be
forwarded to the Parks and Open Space Commission for review, which took place on March 18,
2015. The Parks and Open Space Commission recommended approval of the Developer's request
for a public land permit in the Limited Use Area subject to conditions. Following review and
recommendation by the Parks and Open Space Commission, the City Council of City of Mound
approved the Developer's public land permit for phase 1 activities in the Limited Use Area on
March 24, 2015 (Resolution No. 15 -__) The Developer's public land permit for phase 2 activities in
the Limited Use Area was reviewed and approved by the City Council of the City of Mound on
May _, 2015 (Resolution No. 15 -_).
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D. Following review and recommendation by the City Council of the City of Mound,
the Housing and Redevelopment Authority for the City of Mound also consented to the
Developer's proposal in the Limited Use Area on May _, 2015 (Resolution No. 15- __).
E. The Owners are willing to allow Developer to use the Limited Use Area subject to
Developer entering into this Agreement.
AGREEMENT
1. Incorporation of Recitals. The recitals set forth above are incorporated herein
and made a part of this Agreement.
2. Grant of Limited Use. The Owners warrant that among them they own and have
the right to grant the limited use interest affecting the Property. The Owners do hereby grant a
nonexclusive limited use permit to the Developer for the purposes of installing and maintaining
temporary public art, trees, rocks, and related recreation features on a portion of the Property for the
purpose of public recreation, use, and enjoyment over, in, and across the Limited Use Area in
exchange for Developer's covenants and promises contained herein. The Owners may
collectively or individually modify the Limited Use Area on the Property at their sole discretion
after providing 60 days written notice to Developer.
3. Consideration. In exchange for the grant of the limited use of the Property, the
Developer agrees to acquire, install, repair and maintain certain temporary public art, trees, rocks,
and related recreation features depicted on Exhibit B on a portion of the Property at no cost to the
Owners.
4. Scope. The Owners reserve the right to the use the Property, including the
Limited Use Area during the term of this Agreement for their own public purposes.
5. Ownership, Maintenance, and Repair. The temporary public art, trees, rocks, and
related recreation features depicted on Exhibit B will be owned by the Developer. Developer shall
repair and maintain, in a proper, substantial and workerlike manner, the Limited Use Area during
the term of this Agreement, except that the City of Mound shall be responsible for the costs of
removal of any refuse or waste materials and shall be responsible for the care and maintenance of
the grass surfaces in the Limited Use Area during the term of this Agreement. Owners will be
responsible for watering the tree bags for all of the trees planted in the Limited Use Area a
minimum of one (1) time per week. The Owners shall solely determine if additional watering
beyond the minimum is needed, and if so, the Owners will add additional watering to the tree bags.
Developer shall not use the Limited Use Area for the storage, handling, transportation or disposal of
any hazardous substance, hazardous waste, pollutant or contaminant as those terms are defined in 42
U.S.C. Section 9601, et. seq. ( "CERCLA ") or Minnesota Statutes, Chapter 115B ( "MERLA "). In
the event that Developer fails to repair or maintain the Limited Use Area during the term of this
Agreement, such limited use grant may be collectively revoked by the Owners. Upon termination
of this Agreement, Developer shall return the Limited Use Area to its original condition within 60
days, which removal and restoration are activities subject to review and acceptance by the Owners.
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459391vl MJM MU220 -6
The Developer shall be responsible for all such removal and restoration costs within the Limited
Use Area.
6. Hold Harmless; Indemnification. Any and all claims that arise or may arise
against the Developer, its officers, employees, agents or contractors while engaged in its use of the
Limited Use Area shall in no way be the obligation of either of the Owners. Furthermore,
Developer shall indemnify, hold harmless and defend the Owners, their officials, employees,
contractors and agents from and against any and all liability, loss, costs, damages, expenses, claims,
actions or judgments, including reasonable attorneys' fees which Developer, its officers, employees,
agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of by reason
of any act or failure to act by Developer, its officers, employees, agents or contractors or arising out
of or by reason of this Agreement. Nothing in this Agreement shall be construed as a waiver by the
Owners of any immunities, defenses, or other limitations on liability to which the Owners are
entitled to by law.
7. Insurance. During the term of this Agreement, Developer shall procure and keep in
force "occurrence" based general liability insurance in an amount reasonable for the Developer's
use of the Limited Use Area. All insurance policies must name the Owners as additional insureds
and be effective upon possession of the Limited Use Area by Developer and provide for 30 days
notice to the Owners in the event of cancellation or modification of the policy(ies).
8. Term. This Agreement shall be effective upon execution and shall terminate on
December 31, 20 or as otherwise set forth in this Agreement.
9. Termination. Any part to this Agreement may terminate this Agreement at any
time for any reason, or for no reason at all, by providing 30 days written notice to the other parties.
Upon termination of this Agreement, Developer shall remove the public art, trees, rocks, and related
recreation features depicted on Exhibit B from the Limited Use Area and return the Limited Use
Area to the condition it was in prior to the Developer's use at Developer's sole cost within 60 days
of receiving written notice from the Owners.
10. Notices. Any notice, demand, or other communication under this Agreement by
either party to the other shall be sufficiently given or delivered if it is dispatched by certified or
registered mail or delivered personally to the respective address of each party as set forth in the
beginning of this Agreement.
11. Recording. The Developer or the Owners may record this Agreement and any
amendments thereto in the office of the Hennepin County Recorder or Registrar of Titles.
12. Entire Agreement; Modification. This Agreement constitutes the entire agreement
between the parties and supersedes any other written or oral agreements between the parties. Any
modification of this Agreement or additional obligation assumed by any party in connection with
this Agreement shall be binding only if evidenced in writing signed by the parties to be affected
by said modification or additional obligation.
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459391vi MJM MU220 -6
13. Assignment. Developer shall not have the right to assign any rights under this
Agreement except with the prior, express, and written consent of the Owners.
[The rest of the page was intentionally left blank.]
459391VI MJM MU220 -6
IN WITNESS WHEREOF, the Owners and Developer have executed this Limited Use
Agreement this day of , 2015.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Mark Wegscheid
Its Mayor
Kandis Hanson
Its City Manager
This instrument was acknowledged before me on the day of ,
2015, by Mark Wegscheid and Kandis Hanson, the Mayor and City Manager, respectively, for the
City of Mound, a Minnesota municipal corporation, on behalf of the corporation.
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459391v1 MJM MU220 -6
Notary Public
an
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
AUTHORITY OF
MOUND
Mark Wegscheid
Its President
Kandis Hanson
Its Executive Director
This instrument was acknowledged before me on the day of
2015, by Mark Wegscheid and Kandis Hanson, the President and Executive Director, respectively,
for the Housing and Redevelopment Authority for the City of Mound, a public body corporate
and politic and a political subdivision of Minnesota, on behalf of the Authority.
IS
459391 v1 MJM MU220 -6
Notary Public
STATE OF )
) SS.
COUNTY OF )
WV 9
J-
WESTONKA
Kevin Ehlinger
Its President
The foregoing instrument was acknowledged before me this day of
, 2015, by the
of Rotary Club of Mound - Westonka, a , by
and on behalf of said
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MJM)
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337 -9300
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459391vl MJMMU220 -6
Notary Public
1 W.14 No I I I,] I
Legal Description of the Property
[Insert Legal Description]
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459391VI MJM MU220-6
Depiction of the Limited Use Area
[Insert Depiction of the Limited Use Area]
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4593910 MJM MU220 -6
[Insert depiction of the locations of the temporary improvements within the Limited Use Area]
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