Loading...
2015-05-12 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. �i 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 -1- 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 -3- 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 -5- 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. -7- 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 -_). T- 45939Ivl MJM MU220 -6 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. -12- 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. -1�- 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. -�5- 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 0 459391vl MJMMU220 -6 Notary Public 1 W.14 No I I I,] I Legal Description of the Property [Insert Legal Description] m 459391VI MJM MU220-6 Depiction of the Limited Use Area [Insert Depiction of the Limited Use Area] M 4593910 MJM MU220 -6 [Insert depiction of the locations of the temporary improvements within the Limited Use Area] -20- 459391v5 MJM MU220 -6