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HomeMy WebLinkAbout2016-12-06 HRA Regular MeetingAgenda H ousing and Redevelopment Authority Meeting City of Edina, Minnesota Edin a City Hall Cou n cil Cham be rs Tuesday, December 6, 2016 7:00 PM I.Call to Order II.Roll Call III.Approva l of Meeting Agenda IV.Adoption of Consent Agenda All a genda items listed on the consent agenda are considered routine and will be ena cted by one motion. There will be no separate discussion of such items unless requested to be remov ed from the Consent Agenda by a Commissioner of the HRA. In such cases the item will be remov ed from the Consent Agenda and considered immediately following the a doption of the Consent Agenda. (Favorable rollcall v ote of majority of HRA Commissioners present to approve.) A.Approv e Minutes of November 14, 2016 HRA Work Session and November 15, 2016 Regular HRA Meeting B.Professional Service Agreement: Grandview Green Preliminary Study V.Public Hearings Dur ing "Public Hearings," the Chair will ask for public testim ony after sta members make their presentations. If you wish to testify on the topic, you are w elcome to do so as long as your testim ony is relevant to the disc ussion. To ensure fair ness to all speakers and to allow the e"cient conduc t of a public hearing, speaker s m ust observe the following g uidelines: Individuals m ust limit their testimony to three minutes. The Chair m ay modify tim es, as deemed necessary. Tr y not to repeat remarks or points of view made by prior speaker s and limit testim ony to the matter under c onsideration. In order to maintain a respec tful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal comm unic ation is not allowed. A.Public Hearing: Review of 2017 HRA Budget, Resolution No. 2016-06: Setting 2017 Tax Levy and Adopting 2017 Operating Budget VI.Adjournment The Edina Housing a nd Redevelopment Authority wants all pa rticipants to be comforta ble being pa rt of the public process. If you need assistance in the way of hearing ampli:cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: Dec ember 6, 2016 Agenda Item #: IV.A. To:Chair & Commissioners of the Edina HRA Item Type: Minutes From:Deb ra A. Mangen, City Clerk Item Activity: Subject:Ap p ro ve Minutes o f No vember 14, 2016 HRA Work Ses s io n and Novemb er 15, 2016 R egular HRA Meeting Action Edina Housing and Redevelopment Authority Established 1974 CITY O F EDINA HOUSING & REDEVELOPMENT AUT HORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve minutes. INTRODUCTION: T he minutes are presented for the HRA's consideration. ATTACHMENTS: Description Draft Minutes of November 14, 2016 HRA Meeting Draft Minutes of November 15, 2016 Work Ses s ion Page 1 MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY NOVEMBER 14, 2016 5:30 P.M. I. CALL TO ORDER Chair Hovland called the HRA meeting to order at 5:30 p.m. II. ROLLCALL Answering rollcall were Commissioners Brindle, Staunton, Stewart, Swenson and Chair Hovland. Also attending the meeting was Council Member Elect Mike Fischer. Edina City Staff attending the meeting: Debra Mangen, City Clerk; Scott Neal, City Manager; Bill Neuendorf, Economic Development Manager; and Cary Teague, Community Development Director. III. PRESENTATION OF PROPOSALS 3930 WEST 49-1/2 STREET Economic Development Manager Neuendorf explained that one of the responders to the RFP had dropped out. He noted the HRA would receive three proposals: Good Neighbors Consortium, Buhl Investors and Doran Companies. A. Good Neighbors Consortium Presentation/O’Brien Jerry O’Brien and Adam Berneir on behalf of Good Neighbors Consortium presented their RFP response. B. Buhl Investors/Saturday Properties Pete Deanovic, Brent Rogers, Todd Novak, David Daly, Tom Whitlock, Mike Benedict, Trisha Sieh, and Scott Froemming on behalf of Buhl Investors/Saturday Properties presented their RFP response. C. Doran companies/KM2 Development Kurt Krumenauer, Kelly Doran, Pete Kelly and Melissa Duce on behalf of KM2 Development/Doran Companies presented their RFP response. IV. MOTION TO CLOSE MEETING Commissioner Staunton made a motion to close the work session of the Edina HRA as permitted by MS.13D.05 subdivision 3(c) to consider the potential purchase of the property located at 5220 Eden Avenue and the possible sale of 2930 West 49 ½ Street and 4416 Valley View Road. Commissioner Stewart seconded the motion. Ayes: Brindle, Staunton, Stewart, Swenson and Chair Hovland. Motion carried. V. POTENTIAL SALE OF REAL ESTATE – 3930 WEST 49-1/2 STREET Mr. Neuendorf reviewed the possible sale of the property at 3930 West 49-1/2 Street. The HRA discussed the matter and gave staff direction. VI. POTENTIAL SALE OF REAL ESTATE – 4416 VALLLEY VIEW ROAD Mr. Neuendorf reviewed the possible sale of the property at 4416 Valley View Road. The HRA discussed the matter and gave staff direction. Motion by Commissioner Brindle seconded by Commissioner Stewart to move back into open session. Minutes/HRA/July 19, 2016 Page 2 Ayes: Brindle, Staunton, Stewart, Swenson and Chair Hovland. Motion carried. VII. ADJOURNMENT Chair Hovland declared the meeting adjourned at 9:10 p.m. Respectfully submitted, Scott Neal, Executive Director Page 1 MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY NOVEMBER 15, 2016 10:02. I. CALL TO ORDER Chair Hovland called the HRA meeting to order at 10:02 P.M. II. ROLLCALL Answering rollcall were Commissioners Brindle, Staunton, Stewart, Swenson and Chair Hovland. III. APPROVAL OF MEETING AGENDA Motion made by Commissioner Stewart, seconded by Commissioner Swenson approving the Meeting Agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Commissioner Swenson seconded by Commissioner Staunton approving the consent agenda as follows: IV.A. Approve minutes of October 18, 2016 HRA Work Session and October 19, 2016 Regular HRA Meeting V. COST SHARING AGREEMENT – 4500 VALLEY VIEW ROAD Chair Hovland noted the cost sharing agreement and easement were the same item that was reviewed and approved earlier by the Edina City Council. The proposed Agreement will allow the tenant, Town Hall Station, to construct the public improvements and be reimbursed upon completion. It also grants an easement. Both the City of Edina and the Edina Housing and Redevelopment Authority will be party to this Agreement. Commissioner Swenson made a motion seconded by Commissioner Staunton to approve the cost sharing agreement with Town Hall Station and to grant the easement. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI. ADJOURNMENT Chair Hovland declared the meeting adjourned at 10:04 P.M. Respectfully submitted, Scott Neal, Executive Director Date: Dec ember 6, 2016 Agenda Item #: IV.B. To:Chair & Commissioners of the Edina HRA Item Type: R ep o rt / Rec o mmendation From:Bill Neuendorf, Econo mic Development Manager Item Activity: Subject:Pro fes s io nal Service Agreement: Grand view Green Preliminary S tud y Action Edina Housing and Redevelopment Authority Established 1974 CITY O F EDINA HOUSING & REDEVELOPMENT AUT HORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the P rofessional Services Agreement with Architectural Field Office. INTRODUCTION: Approval to prepare this conceptual study was granted on September 7, 2016. T he maximum contract amount is $65,100. T he attached P rofessional Services Agreement establishes the terms and conditions for consulting services provided by the consultant to complete the preliminary study. ATTACHMENTS: Description Prof Service Agrmnt - AFO - Gr Green AFO - s cope of s ervice 1 190040v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ______ day of ______________, 2016, by and between the Edina Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota ("HRA") and Architecture Field Office LLC with a business address at 2200 Zane Avenue North, Golden Valley, Minnesota 55422 ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. See attached scope of work. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement B. Scope of Work In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 3. COMPENSATION. The HRA shall pay the Consultant and the Consultant shall accept as payment an agreed fee as provided in the Scope of Work for each separate scope of service entered into. Such fee shall be inclusive of taxes and all other charges except reimbursable expenses (the “fee”). Reimbursable expenses shall be billed to the HRA at cost. The fee shall not be adjusted if the estimated hour to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Payment shall be made by the HRA within thirty five (35) days of receipt of an invoice unless the invoice is disputed. 4. OWNERSHIP. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the HRA. The HRA may use the information for its purposes. The HRA shall be the copyright owner. The vesting of the HRA’s ownership of the copyright in materials created by the Consultant shall be contingent upon the HRA’s fulfillment of its payment obligations hereunder. The Consultant shall be allowed to use a description of the services provided hereunder, including the name of the Owner, and photographs or renderings of any projects which develop from the planning or other services provided by the Consultant, in the normal course of its marketing activities. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the HRA. No payment will be due or made for work done in advance of such approval. 2 190040v1 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. HRA shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the HRA, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent they arise out of or by reason of the negligent execution or performance of the services provided for herein or breach of contract and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of negligence of breach of contact. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Professional Liability $1,000,000 each claim The HRA shall be named as an additional insured on the general liability policy on a primary and noncontributory basis. Before commencing work the Consultant shall provide the HRA a certificate of insurance evidencing the required insurance coverage in a form acceptable to HRA. 10. INDEPENDENT CONTRACTOR. The HRA hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the HRA and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. HRA and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the HRA. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the HRA. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by subcontractor within ten days of Consultant’s receipt of payment from HRA. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 3 190040v1 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the HRA pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify HRA. HRA will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold HRA, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, HRA’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the HRA from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the HRA. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the HRA from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the HRA for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 17. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 18. ENTIRE AGREEMENT. The entire agreement of the parties is contained. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 4 190040v1 19. TERMINATION. This Agreement may be terminated by the HRA for any reason or for convenience upon written notice to the Consultant. In the event of termination by the HRA, the HRA shall pay the Consultant for completed work. Dated: __________________, 2016 EDINA HOUSING AND REDEVELOPMENT AUTHORITY BY: _______________________________ James Hovland, Chair BY: ________________________________ Ann Swenson, Secretary Dated: __________________, 2016 ARCHITECTURE FIELD OFFICE LLC BY: _______________________________ Michael L. Johnson, FAIA Its ________________                           Date: Dec ember 6, 2016 Agenda Item #: V.A. To:Chair & Commissioners of the Edina HRA Item Type: R ep o rt / Rec o mmendation From:Eric Roggeman, Financ e Director Item Activity: Subject:Public Hearing: Review of 2017 HR A Bud get, Res o lutio n No. 2016-06: Setting 2017 Tax Levy and Ad o p ting 2017 Operating Bud get Action Edina Housing and Redevelopment Authority Established 1974 CITY O F EDINA HOUSING & REDEVELOPMENT AUT HORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Hold a public hearing on the 2017 operating budget. T he HRA also has the option to approve Resolution No. 2016-06 setting the property tax levy payable in 2017 and adopting the 2017 Budget. INTRODUCTION: T he HRA is a separate taxing authority formed by the City Council in 1974. Although the Edina HRA has not used its taxing authority, many other cities that have HRA's and Economic Development Authorities (EDA's) do use the separate taxing authority allowed by MN State Statutes. Other cities in Hennepin County that use HRA/EDA levies in 2016 include Bloomington, Hopkins, Minnetonka, P lymouth, Richfield, Saint Louis P ark, Eden P rairie, Maple Grove, and others. Edina's 2016-2017 budget process last fall included discussion of an HRA levy starting in 2017. Staff intends to use the levy proceeds to pay some of the administrative expenses that are necessary to operate our HRA. Edina's HRA has been paying those expenses using T IF funds until now, but that option may become more difficult in the future as the Centennial Lakes T IF District funds are spent down and eventually the district will be decertified. Staff will do a presentation at the City Council meeting that includes both the City and HRA levies, which have both been part of the budget adopted by the City Council for several years. T he attached resolution for approval by the HRA Board includes only the HRA budget. T his is the first year the HRA is required to adopt a resolution due to the addition of a tax levy. ATTACHMENTS: Description Staff recommended 2017 HRA Budget HRA Res olution 2016-06 CITY OF EDINA HOUSING AND REDEVELOPMENT AUTHORITY Budget by Fund 2016 HRA General TIF Fund Funds Total REVENUES AND OTHER FINANCING SOURCES Property tax levy 95,000$ -$ 95,000$ -$ Tax increments - 2,500,000 2,500,000 2,500,000 Intergovernmental - - - - Charges for services - 7,275,000 7,275,000 50,000 Investment income - 62,000 62,000 77,000 Other revenue - - - - Transfers - - - - Debt issued - - - - Other financing sources - - - - TOTAL REVENUES AND OTHER FINANCING SOURCES 95,000 9,837,000 9,932,000 2,627,000 EXPENDITURES AND OTHER FINANCING USES - BY DEPARTMENT Administration 95,000 10,865,433 10,960,433 4,780,835 Debt service - - - - Transfers - - - - TOTAL EXPENDITURES AND OTHER FINANCING USES 95,000 10,865,433 10,960,433 4,780,835 EXPENDITURES AND OTHER FINANCING USES - BY TYPE Personal services 56,635 72,433 129,068 123,970 Contractual services 36,865 643,000 679,865 655,865 Commodities 1,500 - 1,500 1,000 Central services - - - - Equipment - - - - Capital outlay - 10,150,000 10,150,000 4,000,000 Debt service - - - - Transfers - - - - TOTAL EXPENDITURES AND OTHER FINANCING USES 95,000 10,865,433 10,960,433 4,780,835 CHANGE IN FUND BALANCE -$ (1,028,433)$ (1,028,433)$ (2,153,835)$ 2017 BUDGETS EDINA HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 2016-06 ADOPTING THE BUDGET AND ESTABLISHING THE TAX LEVY PAYABLE IN 2017 WHEREAS, The Edina Housing and Redevelopment Authority (the “HRA”) has authorities and powers according to MN Statutes, Sections 469.001 to 469.047. MN Statutes, Section 469.033, subd. 6 grants the HRA the power to levy and collect taxes subject to a resolution of consent from the Edina City Council for a set period of time. WHEREAS, The Edina City Council passed Resolution 2016-78 consenting to an HRA tax levy payable in 2017. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: Section 1: That there will be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: HRA GENERAL FUND $95,000 Section 2: That the preliminary budget is as follows: HRA GENERAL FUND TAX LEVY REVENUES $95,000 HRA OTHER REVENUES $9,837,000 HRA GENERAL FUND EXPENDITURES $95,000 HRA OTHER EXPENDITURES $9,837,000 Passed and adopted by the Housing and Redevelopment Authority on December 6, 2016. ATTEST: Ann Swenson, Secretary James B. Hovland, Chair STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF EXECUTIVE DIRECTOR I, the undersigned duly appointed and acting Executive Director for the Edina Housing and Redevelopment Authority do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina Housing and Redevelopment Authority at its Regular Meeting of December 6, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 20___. _________________________________ Executive Director