HomeMy WebLinkAbout01-24-12
HOUSING & REDEVELOPMENT AUTHORITY
MINUTES OF THE MEETING
OF JANUARY 24, 2012
Call to order –
1.The meeting was called to order by Chair Diehm at 7:00 pm
Roll Call
2. – Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Bobby
Williams, and Tammera Diehm.
Staff Present: Community Development Director-Scott Clark, Assistant Community
Development Director -Sheila Cartney, and Secretary-Shelley Hanson
Parkview/CommonBond staff: Laura Sheak, Laura Frost, and Jennifer Ells.
3.Pledge of Allegiance - Recited
4.Election of Officers for 2012
Peterson nominated Diehm for President, Williams for Vice President, Schmitt for
Secretary/Treasurer. No further nominations were made. Upon vote: All ayes.
CONSENT AGENDA
5.Approve Minutes from October 25, 2011.
6.Approve Financial Report and Payment of Bills for October, November, and December
2012 on Resolution 2012-01.
Questions from members:
Nawrocki questioned the December reports and noted that Revenues were down a little,
Expenses were up a little, and wondered why there wasn’t an accounting of Interest on the
Bank Account.
Laura Frost said Revenues were less than anticipated because we have yet to receive a $29,971
grant payment from HUD. Once this amount is received, it would bring the total Revenues
closer to the budgeted amount. She said we should receive the payment in the first quarter of
2012. As for expenses, Frost stated that some of the utility bills came in higher than projected
and that legal fees were also higher during the year due to several tenant/policy issues.
Schmitt noted that many appliances have been replaced. She asked what the average age was
of the appliances. Laura Sheak said it varies, but the south building has had to have many of
the appliance replaced since they were the original ones from 1990. The north building has
been replacing appliances with the modernization of each floor, but the south building has not.
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7.Resolution 2012-02 Designating Signatories
The attached Resolution 2012-02, designates Northeast Bank as the depository for all Columbia Heights
HRA funds and authorizes signatories for accounts.
Questions from members:
Nawrocki questioned who the signers would be. He thought that each check should be signed by one
person from CommonBond and the HRA Executive Director. Clark explained that two signatures are
required, but that two signatures from personnel at CommonBond also suffice. He said it has always
been this way and that is why we have a management company. Nawrocki thought it would be better
checks and balances if a City Staff person signed each check. Clark said the City and HRA Board
receive copies of each check and the financial reports each quarter which serves as the checks and
balances. He also pointed out that any expenditure over $15,000 requires pre-approval from the Board
as stipulated in the contract with CommonBond.
Nawrocki again asked for information about the interest paid to the City on the funds at NE Bank.
Frost will check with the bank and report back to Clark and Nawrocki on this.
Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2012-01 & 2012-02,
there being ample copies available. All ayes. MOTION PASSED.
Motion by Williams, seconded by Schmitt, to approve the minutes of October 25, 2011; to adopt
Resolution 2012-01, a Resolution of the Columbia Heights Housing and Redevelopment Authority
(HRA) approving the Financial Statement and Payment of Bills for the months of October, November,
and December 2012; and to Adopt Resolution 2012-02, a Resolution Designating Depository for the
Columbia Heights Housing and Redevelopment Authority (HRA).
Motion by Nawrocki, to remove the Resolution Designating Depository for the Columbia Heights HRA
from the above motion. The motion died from lack of a second.
Roll call vote on original motion: ayes-Williams, Schmitt, Peterson, Diehm Abstain-Nawrocki
MOTION PASSED.
HRA RESOLUTION 2012-01
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY
(HRA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER, NOVEMBER, AND
DECEMBER, 2011 AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER, NOVEMBER,
AND DECEMBER, 2011.
WHEREAS,
the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
HRA's credits and assets and its outstanding liabilities; and
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WHEREAS,
said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if
correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS,
the financial statement for the months of October, November, and December 2011 and the list of
bills for the months October, November, and December, 2011 are attached hereto and made a part of this
resolution; and
WHEREAS,
the HRA has examined the financial statement and the list of bills and finds them to be acceptable
as to both form and accuracy.
NOW, THEREFORE BE IT RESOLVED
by the Board of Commissioners of the Columbia Heights Housing
& Redevelopment Authority that it has examined the attached financial statements and list of bills, which are
attached hereto and made a part hereof, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED
the financial statements are acknowledged and received and the list of bills as
presented in writing are approved for payment out of proper funds; and
BE IT FURTHER RESOLVED
this resolution and attachments are to be made a part of the permanent records
of the Columbia Heights Housing & Redevelopment Authority.
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Passed this 24 day of January, 2012.
RESOLUTION NO. 2012-02
RESOLUTION DESIGNATING DEPOSITORY FOR THE COLUMBIA HEIGHTS HOUSING AND
REDEVELOPMENT AUTHORITY (HRA)
WHEREAS
, the City of Columbia Heights Housing and Redevelopment Authority (herein referred to as the
“Corporation”) has entered into a Management Contract with Commonbond Housing (herein referred to as
“Management Company”), dated January 23, 2008, and amended on November 9, 2009 and extended on
October 25, 2011 and
WHEREAS
, by Minnesota Statutes the Corporation must establish a depository agency, and
WHEREAS,
the Corporation desires to have as authorized signatures both officers of the Corporation and the
Management Company.
IT IS HEREBY RESOLVED
, that Northeast Bank, is hereby designated as a depository of the funds of this
corporation.
IT IS FURTHER RESOLVED
, that checks, drafts, or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by at least two of the following:
HRA Executive Director
Management Company CEO
Management Senior Vice President
Management Director of Administration
And that said bank is hereby fully authorized to pay and charge to the account of this Corporation any checks,
drafts, or other withdrawal orders.
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BE IT FURTHER RESOLVED
, that the Northeast Bank, is designated depository of the Corporation and it is
hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money
drawn in this Corporation’s name, including those drawn to the individual order of any person or person whose
name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile
signatures of at least two of the following:
Management Company CEO
Management Company Senior Vice President
Management Company Director of Administration
And that Northeast Bank shall be entitled to honor and to charge this Corporation for all such checks, drafts or
other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature resembles the facsimile specimens duly certified to or filed with
the Bank by the City Clerk or other officer of this Corporation.
BE IT FURTHER RESOLVED
, that any and all resolutions heretofore adopted by the Corporation and
certified to as governing the operation of the Corporation’s account(s) with it, be and are hereby continued in
full force and effect, except as the same may be supplemented or modified by the foregoing part of this
resolution.
BE IT FURTHER RESOLVED
, that all transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this Corporation with said bank prior to the adoption of this resolution be, and the
same hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED
, that any bank or savings and loan located in the State of Minnesota may be
used as depositories for investment purposes so long as the investments comply with authorized investments as
set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED
, that any brokerage firm located in the State of Minnesota may be used as a
depository for investment purposes so long as the investments comply with the authorized investments as set
forth in Minnesota Statutes.
Passed this 24th day of January, 2012
Offered by: Williams
Seconded by: Schmitt
Roll Call: Ayes-Williams, Schmitt, Peterson, Diehm
Abstain-Nawrocki
_________________________________
Chair
_______________________________
Shelley Hanson- Secretary
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BUSINESS ITEMS
8.Report of the Management Company
Laura Sheak asked if there were any questions on the newsletter items or on the monthly reports.
Williams noted there weren’t any police calls in December, which was encouraging.
Nawrocki said contracts were approved for ductwork and the modernization of the second floor at the
last meeting. He wanted to know the status of these projects. Frost said the ductwork project is about
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1/3 done and will be finished in the spring, and the modernization project begins March 12. He
wanted to know what the delay was. Frost said Project One had to wait for specs from the Architect to
order the doors, which has now been done. Jenny said the delay was because each door had to be
individually measured and ordered due to settling of the building.
Clark told members that he has had discussions with Laura Sheak regarding the bay windows in the
south buildings that have been leaking. They are in the process of going out for bids for an Engineers
Report on the 36 large windows, to assess the damage and find out what corrections/repairs will be
necessary.
9Resident Council Minutes
.
Lyn Miner reviewed the resident council minutes from the last meeting with the Board members.
Copies of the previous meetings were enclosed in the agenda packets. Lyn reported that the 2012
officers are:
President- Lyn Miner
Vice President- Vivian Fagge
Secretary- Jessie Chudek
Treasurer- Ken Bloch
Member at Large- Lee Ann Miller
Sgt. At Arms- Matthew Kopacek
Lyn stated that each resident is given a copy of the minutes to keep them informed.
Diehm stated they appreciated receiving the minutes and being informed of resident activities. Clark
also stated that staff appreciated working with Rheta Nelson during 2011 and looks forward to
working with Lyn Miner in 2012. He feels communication has greatly improved over the last couple
years.
10. Citizen Forum
Barb Camp #608-asked for a status report on the sale of Parkview. She said residents are concerned.
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Clark said the matter is progressing well. He said the entire process will probably take another 12-15
months to complete. He said there will be another group meeting with residents in about 4-5
weeks. Aeon is currently working on obtaining grants and financing to complete the purchase,
and will have more information by the end of February. The date of the meeting will be posted
and each resident will be notified individually.
Dianne #905-Asked how to identify people who are not supposed to be on our property. Sheak told
her that any concerns about people in the building or on the grounds should be brought to
management staff and they will deal with it. And no one should be letting people into the
building. Anyone who belongs there will have access. If residents adhere to this policy, then
they are safe.
Jackie #707-Asked if the laundry room on second floor will be closed during the modernization
project. Sheak told her yes, it would be, but residents will be notified ahead of time.
Ken Myhre #511-If a friend comes in with him, is that ok? Sheak told him that, yes, that is ok, and
that residents are allowed visitors.
Barb Camp #608-Told members that she appreciates the wonderful management team that has been in
place during the last 5 years. Residents think they do a great job.
Nawrocki asked residents how the new smoking shelter is working out. Most of the residents thought it
was a huge improvement and has been helpful in resolving most of the issues. However, Lyn
Miner, said she still hears a lot of noise and conversation coming from the shelter. Ken Bloch
said that all the units have some type of noise to deal with. On the other side of the building it
is noise from the garbage trucks emptying the commercial dumpsters in the early morning.
Shirley Bennitz #324 said she also hears the street/parking lots being swept during the middle
of the night on her side. They both pointed out that noise cannot be eliminated completely
since they live in an urban area.
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Malcolm Watson-1717 49 Avenue- is interested in contacting James Lenhoff from Aeon regarding
the appraisal that will be done on Parkview Villa. He asked Scott Clark for help in getting a
hold of him as he would like to get the contract to do the appraisal of the buildings.
11. Confidentiality Agreement with Aeon
Clark explained that in May of 2011 the Housing and Redevelopment Authority (HRA) entered into a
memorandum of understanding with AEON to begin negotiations for the sale of Parkview North and
South. As we progress, it has become clear that AEON will need access to HRA file information that is
protected by the Minnesota Data Practices Act. The attached Confidentiality Agreement allows Aeon
access to this information with the caveat that they must adhere to all applicable State and Federal laws,
including holding the HRA harmless from any unlawful disclosure. This Agreement was written by the
HRA Attorney and has been reviewed by AEON.
Staff recommends approval this agreement.
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Question from members:
Nawrocki asked what kind of information they are seeking that would require this agreement. Clark
said an example would be the income levels of the residents that are needed for the grant applications.
By entering into this agreement, they will have the right to see information but would have to adhere to
the same Data Practices Rules that we do. They would be unable to share private information. They
can take the data received and compile it in a generalized, group format but could not provide any
specific information that would identify an individual.
Resident Adam Alieu said he thought the information could be used to decide who Aeon keeps as
residents versus those they want to get rid of. Diehm assured him that there are other separate
agreements in place that protect residents from that happening.
Motion by Peterson, seconded by Schmitt, to approve the Confidentiality Agreement with Aeon for
purposes of implementing the goals of the Memorandum of Understanding.
All ayes. MOTION PASSED.
CONFIDENTIALITY AGREEMENT BETWEEN
AEON AND THE CITY OF COLUMBIA HEIGHTS
HOUSING AND REDEVLOPMENT AUTHORITY
This CONFIDENTIALITY AGREEMENT is made by and between AEON and the CITY OF
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (“HRA”) for purposes of
implementing the goals of the Memorandum of Understanding executed between the parties on January 24,
2012.
RECITALS
WHEREAS, the HRA owns and oversees operations of Parkview Villa South and Parkview Villa North,
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which are attached multi-unit residential housing facilities located at 965 40 Avenue NE in Columbia Heights,
Minnesota (collectively “the Subject Properties”) ; and
WHEREAS, the HRA has identified Aeon as a qualified party of interest for purchasing the Subject
Properties subject to parties establishing a process for the sale consistent with the expressed goals of the HRA;
and
WHEREAS, the parties entered into the Memorandum of Understanding which outlines the goals and
expectation of each of the parties during the process leading up to the execution of a purchase agreement for the
sale of the Subject Properties by the HRA; and
WHEREAS, Aeon has requested access to documents and data in the possession of the HRA for
purposes of implementing the goals and objectives of the HRA as identified in the Memorandum of
Understanding; and
WHEREAS, some of the documents and data sought by Aeon for review are classified as not public
under the Minnesota Data Practices Act, Minn. Stat. § 13.01 et seq.; and
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WHEREAS, access to the documents and data requested by Aeon is reasonably necessary for Aeon to
fulfill its obligations under the Memorandum of Understanding; and
WHEREAS, the Memorandum of Understanding may be modified by mutual agreement of the parties
in writing;
NOW THEREFORE, the parties hereby agree to the following:
1. The HRA will provide Aeon access to documents and data in the possession of the HRA that
are reasonably necessary for purposes of Aeon implementing the goals and objectives of the HRA as identified
in the Memorandum of Understanding.
2. Aeon agrees to comply with the Minnesota Government Data Practices Act and all other
applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received
stored, used, maintained or disseminated by Aeon in performing its obligations under the Memorandum of
Understanding is subject to the requirements of the Act, and Aeon must comply with the requirements of the Act
as if it was a government entity. Aeon also agrees to hold the HRA, HRA Board members and its employees
harmless from any claims resulting from Aeon failure to disclose data maintained by Aeon and authorized for
release by the HRA, and from Aeon’s unlawful disclosure or use of data protected under state and federal
laws. Any information, data, reports, records, contracts, work products or other materials given to or prepared
or assembled by Aeon under the Memorandum of Understanding shall be kept confidential and Aeon shall not
make any of this material available to any individual or organization without prior approval of the HRA. At the
termination of Memorandum of Understanding, all information, data, reports, records, contracts, work products
or other materials relating to the Aeon’s assignment and duties under the Memorandum of Understanding shall
remain the property of the HRA.
AEON
By:__________________________
Alan Arthur
Its: President
Dated:_______________________
CITY OF COLUMBIA HEIGHTS
HOUSING AND REDEVELOPMENT AUTHORITY
By:__________________________
Walt Fehst
Its: Executive Director
Dated:_______________________
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12. Appraisal
One of the many steps involved in the AEON negotiations is a need to commission an appraisal that will satisfy a
number of parties including the Minnesota Housing Finance Agency, tax credit investors and/or lending
institutions. Due to the nature of this transaction AEON views that it is best that an appraisal be conducted by the
Housing and Redevelopment Authority as the commissioning agency since we are the seller. Although the HRA
would order the appraisal AEON agrees that this would be done at their expense. Staff views that to order an
appraisal on AEON’s behalf has no detrimental value to the HRA, and is beneficial to have a third party opinion
regarding value. If the HRA is not satisfied with the appraisal and AEON is, the HRA can always elect at a future
date to expend funds to conduct a new appraisal.
Clark clarified that Aeon will select the appraiser based on companies they know to have the expertise in dealing
with these types of buildings and who are familiar with tax credits, fund balances, and capital improvements. He
said there are very few firms out there who can provide an accurate appraisal taking all these factors into
consideration. He went on to explain this is not a binding appraisal for us or them. It is something they need in
order to obtain their financing.
Questions/Comments from members:
Nawrocki said he knows appraisers can come up with a wide range of figures. What do we do if we disagree with
the amount. Clark again stated this does not bind us to anything. It is an opportunity to get a first look at
someone’s opinion about what the property might be worth. He said nothing stops the HRA from getting another
appraisal at a later date if we don’t agree with the figure. Nawrocki thinks the City should be selecting the
appraiser, not Aeon. Clark told them that Aeon will identify three appraisers who are qualified to do this type of
appraisal and then will seek a RFP from them.
Diehm agreed there is nothing stopping us from getting another appraiser to either review their findings or to do a
whole separate appraisal if we choose to do so at a later time.
Motion by Peterson, seconded by Schmitt, to authorize Aeon staff to select an appraiser, on behalf of the HRA for
the purposes of an appraisal of Parkview Villa North and South with the understanding that AEON will be
financially responsible for all costs associated with this action.
Roll Call: All ayes. MOTION PASSED.
13. Other Business
Move to Executive Session at 8:00 pm
-To discuss the status of negotiations with AEON for sale of the
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property at 965 40 Avenue NE.
The Executive Session and Regular meeting were adjourned at 8:45 pm.
The next regular HRA meeting is scheduled for Tuesday, April 24, 2012 at Parkview Villa.
Respectfully Submitted,
Shelley Hanson
Recording Secretary