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HomeMy WebLinkAbout20160801_HRA_PacketCH COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY AGENDA August 1, 2016 6:00 pm 1. Call to Order 2. Roll Call 3. Pledge of Allegiance City Hall City Council Chambers 590 401" Avenue NE Columbia Heights, MN 55421 CONSENT AGENDA 4. Approve minutes of March 14, 2016 OTHER BUSINESS 5. Resolution 2016 -02; Amend and Restate the Bylaws of the Housing and Redevelopment Authority of Columbia Heights, Minnesota 6. Adjourn The next regular HRA meeting will be January 3, 2017 at 6:30 am at City Hall. DRAFT HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE MEETING OF MARCH 14, 2016 1. Call to order —The meeting was called to order by Chair Diehm at 6:30 pm. 2. Roll Call — Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, John Murzyn Jr, Tammera Diehm, and Rheta Nelson. Staff Present: Executive Director -Walt Fehst, Community Development Director - Joseph Hogeboom, and Secretary- Shelley Hanson. Legal Counsel- Martha Ingram, Kennedy & Graven CommonBond Staff- Laura Frost. 3. Pledge of Allegiance — Recited CONSENT AGENDA 4. Approve Minutes of July 28, 2015 5. Approve Financial Report and Payment of Bills for July- December 2015 on Resolutions 2016 -01 Questions from members, No one had any questions. Motion by Schmitt, seconded by Murzyn, to approve items on the Consent Agenda as presented. All ayes. MOTIONPASSED. HRA RESOLUTION 2016 -01 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR JULY - SEPTEMBER, 2015 AND PAYMENT OF BILLS FOR THE MONTHS OF JULY - SEPTEMBER, 2015. 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 HRA Minutes Page 2 March 14, 2016 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 July, August, and September, 2015 and the list of bills for the months of July, August, and September, 2015 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. Passed this 14`" day of March, 2016. MOTION BY: Schmitt SECONDED BY: Murzyn AYES: All ayes Chair Attest by: Shelley Hanson, Secretary BUSINESS ITEMS 6. Approve Repayment of North Building Operating Grant to HUD Kloiber told members that under the terms of the sale of Parkview Villa to Aeon, the HRA must repay the remaining unused portion of the HUD operating grant funds received as a rent subsidy for the North building to HUD. This operating grant was received by the HRA in annual installments over many years. During the years of operation, the HRA was allowed to retain the unused portion as a reserve to cover possible large or unexpected building expenses of the North building. HRA Minutes Page 3 March 14, 2016 The repayment is due to HUD by March 24, 2016. After payment of all final expenses allocable to the North building, the remaining unused portion is $927,139. This is roughly equivalent to 18 months of operating budget for the North building. Kloiber stated that wire transfer instructions were received today from HUD in order to make the payment. The final expenses are included in the financial report dated December 31, 2015, provided in the agenda packet. The final expenses were determined by combining: 1. Routine expenses recorded by the management company CommonBond. 2. Amounts paid through the title company at closing, such as closing fees and prorated utilities. Certain items paid through the City finance department and charged to the HRA, such as the final audit and legal costs. The $927,139 repayment of the operating grant to HUD is in addition to the $5,200,000 the HRA has agreed to pay HUD from the sale of the North building and land. That $5,200,000 payment is not due until the HRA collects the sales price from the buyer Aeon in 30 years. Kloiber told members that no part of this HUD repayment relates to the reserve from the South building, as HUD has no participation in the South building. The remaining reserve from the South building is $1,008,450; and must be used for purposes related to housing. Nawrocki asked if we could use the funds to offset the levy to lower taxes for residents. Hogeboom said this would be discussed at the goal setting session to determine how the Council would like to use these funds. Staff recommends approval of the repayment to HUD. Motion by Peterson, seconded by Schmitt, to approve the repayment of the unused operating grant to US Department of Housing and Urban Development, in the amount of $927,139. Roll Call: All ayes. 7. Parkview Villa Construction Update Hogeboom told members that AEON Housing began a massive construction and remodeling project at Parkview Villa immediately following the sale of the property in September, 2015. The scope of work includes extensive interior renovations to the common spaces and some of the dwelling units, reconfiguration of the common spaces, new widows, updates to the mechanical /electrical systems and installation of new siding on the South building. Outdoor gathering areas will also be reconfigured. The project is approximately half complete and is expected to be done by fall of 2016. Most of the public spaces are temporarily closed due to the construction. Commission member Nelsen also described the work being done. She said the ADA units are now complete and residents have moved back into them. Nawrocki told her that the City is considering moving the voting precinct to the new Library when it is complete, rather than using Parkview Villa as has been done in the past. She thought that would work out just fine. HRA Minutes Page 4 March 14, 2016 8. Proposed New HRA Format Discussion Hogeboom stated that this meeting will serve as the last regular meeting of the HRA as it is set up currently. However, because the HRA technically needs to exist as a legal entity if there are outstanding contracts with the US Dept. of HUD, the HRA cannot be dissolved. Staff and the EDA/HRA Attorney discussed the future of the HRA, and came up with a proposal to amend the bylaws of both the EDA and the HRA to allow the same members of the EDA to serve as members of the HRA. Under this new arrangement, the HRA would have to convene at least once a year to discuss HUD related business. However, meetings could occur adjacent to EDA meetings and involve the same people. If the HRA is amendable to this course of action, staff will bring proposed bylaw changes to an upcoming EDA meeting. Staff seeks direction from the HRA members in moving forward with changes that would allow EDA members to serve as the HRA Board. Diehm stated that most cities have it set up as the Attorney has suggested. Schmitt asked if the two Commissions can just be combined into one. Hogeboom responded that according to HUD rules there has to be a clear separation even though it can have the same members. He said the EDA will still have the 5 councilmembers and 2 members at large from the community, but the HRA would just be the 5 councilmembers. The HRA would need to hold a meeting once a year to elect officers and then could adjourn before going into another meeting. Chair Diehm thanked Laura Frost from CommonBond for her cooperation and assistance during the sale process. Her knowledge and performance were appreciated by the EDA/City Council. Hogeboom told members they would be notified of a Special meeting that will be called in order to amend the bylaws and to adopt the State Retention Schedule once they are complete. The next regular HRA meeting will be scheduled for January 3, 2017 at City Hall. The meeting was adjourned at 6:50 pm. Respectfully submitted, Shelley Hanson Secretary CH COLUMBIA HEIGHTS AGENDA SECTION OTHER BUSINESS ITEM NO. 5 MEETING DATE AUGUST 1, 2016 CITY OF COLUMBIA HEIGHTS — HOUSING AND REDEVELOPMENT AUTHORITY ITEM: Amend and Restate the Bylaws of the Housing and Redevelopment Authority of Columbia Heights, Minnesota DEPARTMENT: Housing and Redevelopment EXECUTIVE DIRECTOR'S APPROVAL: Authority BY /DATE: Joe Hogeboom, July 26, 2015 BY /DATE: Walter Fehst, Background Following the sale of Parkview Villa, quarterly meetings of the Housing and Redevelopment Authority will no longer be necessary. However, the Housing and Redevelopment Authority must continue to exist in order to facilitate and process past business associated with the property. The HRA attorney has advised that the HRA amend its bylaws to enable Commissioner membership to be comprised of the Mayor and the City Council Members. Further, the proposed bylaws will reflect that one regular annual meeting of the HRA will be held on the first Monday in January at Columbia Heights City Hall. If the HRA votes to adopt the amended bylaws, Chair Tammera Diehm and Commissioner Rheta Nelson will effectively no longer serve on the HRA. Staff is grateful for their service and thanks them both for their time and commitment to the Housing and Redevelopment Authority. Recommendation Staff recommends approval of the Restated Bylaws of the Housing and Redevelopment Authority of Columbia Heights, Minnesota as presented. Recommended Motion Move to waive the reading of Resolution 2016 -02, there being ample copies available to the public. Move to adopt Resolution 2016 -02, amending and restating the bylaws of the Housing and Redevelopment Authority of Columbia Heights, Minnesota. Attachments 1. Amended and Restated Bylaws of the HRA of Columbia Heights, MN (overstruck and underscored), dated August 1, 2016 (5 pages) 2. Resolution 2016 -02 (1 page) City of Columbia Heights - HRA Letter RESOLUTION 2016 -02 RESOLUTION TO AMEND AND RESTATE THE BY -LAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, the Bylaws of the Housing and Redevelopment Authority, dated August 1, 2016, have been changed to reflect the following: • Commissioner membership shall be comprised of the Columbia Heights Mayor and City Council. • Regular meetings shall take place at Columbia Heights City Hall on the first Monday of the month of January at 6:30 pm. • Regular meetings shall no longer include "Management Reports'; rather meetings will include a HUD report. WHEREAS, the proposed changes to the Bylaws have been reviewed by the Authority Commissioners and Staff and found satisfactory; THEREFORE BE IT RESOLVED that the revised Bylaws of the Housing and Redevelopment Authority of Columbia Heights, Minnesota were adopted as written. Passed this day of 2016. Chair Secretary AMENDED AND RESTATED BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA DATE::: ARTICLE I THE AUTHORITY Section 1. Name of the Authority. The name of the Authority shall be the "Housing and Redevelopment Authority of Columbia Heights, Minnesota." Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of the Authority; Place of Meeting. The office of the Authority shall be at such place in the City of Columbia Heights, Minnesota as the Authority may from time to time determine by resolution. Regular and special meetings of the Board of Commissioners shall be open to the public and shall be held at Columbia Heights City Hall or at such a place in the City as the Authority may from time to time determine by resolution. Section 4. Powers of the Authority. The Authority, by and in its corporate name, shall have and exercise all powers, functions, rights and privileges pursuant to City Ordinance No. 1442 (Allocation Ordinance), and such portion of the powers described in Minnesota Statutes 469.001 to 469.047 as are allocated to the Authority under the Allocation Ordinance. ARTICLE II COMMISSIONERS Section 1. Authority. The business and affairs of the Authority shall be managed by or under the authority of the Board of Commissioners, except as otherwise permitted by statute. Section 2. Number, Qualification and Term of Office. There shall be 4x five Commissioners comprised of the Mayor and City Council Members of Columbia Heights. appeiated by the nnaYeF Of COIWFAbi, Heights and a ,ed by the City GauR..'I All G9FRFAi6 FA ..« he at 1pagt 19 yeaFS of ...... and ... St . side in the City 9f Cgl ....h'-. Heights n« 1PR4 nn CR... lggiAReF qh @ll h.. ., .. PFAIAeF Of the Cel . bid Heights City Gaunell. „.�cv�z' .dth Minnesota Statutes, SeetieR 469.999, subdivision [ at ipagt .. a GPFAFAissiaAef shall be a sident 1......1 m ...beg' ag defined On Cede of [pde Fal Reg late s title 74 a.. 974 (HUD o.. ulat:,,.,S) n.... Commissioners' wh9 is CRY r... Reis ... rAbPr ';6..0 sewe a terms shall equal to the Commissioner --s_ City Council terms. All etheF Section 3. Vacancies. Vacancies on the Board of Commissioners occurring by reason of death, resignation, removal or disqualification shall be filled for the unexpired term by the Mayor in accordance with the procedures and criteria set forth in Article II, Section 2. Section 4. Removal. For inefficiency or neglect of duty, or misconduct in office, a Commissioner may be removed from office by the City Council in accordance with Minnesota Statutes, Section 469.010. ARTICLE III OFFICERS Section 1. Officers. The officers of the Authority shall be elected from among the Commissioners and shall consist of a Chair, Vice - Chair, and a Secretary- Treasurer. A Commissioner shall not hold more than one of the above named offices at the same time. Section 2. Chair. The Chair shall preside at all meetings of the Board of Commissioners if present. Except as otherwise authorized by resolution of the Board of Commissioners, the Chair shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the Chair shall submit such recommendations and information as considered proper concerning the business, affairs and policies of the Authority. Section 3. Vice Chair. The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of resignation or death of the Chair, the Vice -Chair shall perform such duties as are imposed on the Chair until such time as the Board of Commissioners shall select a new Chair. Section 4. Secretary- Treasurer. The Secretary- Treasurer shall perform the duties of the office of Secretary- Treasurer and shall preside at all meetings of the Board of Commissioners in the absence of the Chair and Vice - Chair. The Secretary- Treasurer may delegate the responsibility for recording the Minutes of the Board of Commissioner meetings to the Executive Director or to the Authority Office Secretary as is determined appropriate by the Secretary- Treasurer. Section 5. Execution of Instruments. All deeds, contracts, promissory notes, bonds and instruments of every kind, authorized by the Board of Commissioners shall be signed by the Chair on behalf of the Authority as well as the Executive Director, and shall be executed in the name of the Authority. Section 6. Additional Duties. The Officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority, or the By -Laws or rules and regulations of the Authority. Section 7. Election of Appointment. The Chair, Vice- Chair, and Secretary- Treasurer shall be elected annually from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. Section 8. Vacancies. Should the office of Chair, Vice -Chair or Secretary- Treasurer become vacant, the Board of Commissioners shall elect a successor from its members at the next regular meetings, and such election shall be for the unexpired term of said office. ARTICLE IV EXECUTIVE DIRECTOR Section 1. The Columbia Heights City Manager is the Executive Director of the Authority. The Executive Director shall have general supervision over the administration of the Authority's business and affairs, subject to the direction of the Board of Commissioners. As assistant to the Secretary, the Executive Director shall insure that proper records of the Authority are maintained. The Executive Director (or his designee) shall act as Secretary of the meetings of the Board of Commissioners and shall keep a record of the proceedings in a journal of proceedings to be kept for such purposes (the Minutes of the proceedings are to be signed by the recorder plus the Authority Commission acting as Chair at the meeting). The Executive Director shall perform all duties incident to the Executive Director position as may be assigned by the position description as approved by the Board of Commissioners. ARTICLE V ADDITIONAL PERSONNEL Section 1. Deputy Executive Director. The Columbia Heights Community Development Director is the Deputy Executive Director and performs such duties and services as specified by the Executive Director, subject to direction of the Authority. In the absence or incapacity of the Executive Director, the Deputy Executive Director may sign contracts, deeds and other instruments made by the Authority. Section 2. Other Personnel. The Board of Commissioners may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Allocation Ordinance and the relevant portions of Minnesota Statutes, Sections 469.001 to 469.047. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Board of Commissioners subject to the laws of the State of Minnesota. The Board of Commissioners may also use the services of staff provided by the City as agreed to between the Authority and the City from time to time. ARTICLE VI MEETINGS Section 1. Regular Meetings. Meetings shall be held on a gaar4eFly an annual basis without notice at the regular meeting place (PaFkyiew Villa Columbia Heights City Hall) on the Fawn#; .. first Monday in the month of January at 6:30 P.M., unless the same is a legal Holiday, in which event said meeting shall be held on the next succeeding secular day. In the event the date /time /meeting place of a particular meeting must be changed, the Executive Director may make such change deemed necessary by notifying all Commissioners of the revised meeting time and date in accordance with the procedures for a special meeting. Section 2. Special Meetings. Special meetings of the Board of Commissioners may be called by the Chair, two members of the Board of Commissioners, or the Executive Director for t5he purpose of transacting any business designated in the call. The call (including location of meeting) for a special meeting must be delivered to Commissioners at least two days before the meeting, and notice of the meeting must be posted in the Authority's offices at least three days before the meeting. At a special meeting no business may be considered other than as designated in the call, except that if all the members of the Authority are present at a special meeting, any business may be transacted at such special meeting by unanimous vote. ARTICLE VII QUORUM Section 1. Fear Three Commissioners constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board of Commissioners upon a vote of a majority of the Commissioners present. ARTICLE VIII ORDER OF BUSINESS Section 1. Order of Business. At the regular meetings of the Board of Commissions the following shall be the Order of Business: 1. Roll Call 2. Approval of Minutes of the previous meeting T. MaAagemept °^^ ^w HUD Updates 4. Consent 5. All other items 6. Adjournment Upon direction of the Chair, or the motion by two members of the Board of Commissioner, any resolution shall be in writing and shall be copied in the journal of the proceedings of the Board of Commissioners. ARTICLE IX MANNER OF VOTING The voting on all questions coming before the Board of Commissioners shall be by the Chair calling for yeas and nays on the quest9ions and shall be entered upon the Minutes of each meeting. The Chair and all members of the Board of Commissioners at every meeting if said Board of Commissioners shall be entitled to a vote. In the event that any Commissioners shall have a personal interest of any kind in a matter then before the Board of Commissioners, the Commissioners shall disclose his /her interest and be disqualified from voting upon the matter, and the Secretary shall so record in the Minutes that no vote was cast by said Commissioner. ARTICLE X AMENDMENTS The By -Laws of the Board of Commissioners shall be amended by Resolution only with the approval of at least a majority of the Commissioners in office at any time. These By -Laws were amended as the By -Laws of the Authority by the Board of Commissioners on this V day of August. 2016. Shelley Hanson, Secretary