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Home My WebLink AboutCommunity Development Agency - CDA-Packet-03-21-2023 Supporting Documents - 03/21/2023 OTTER TAIL COUNTY – MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY & COMMUNITY DEVELOPMENT AGENCY BOARD PACKET March 21, 2023 OTTER TAIL COUNTY – MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY & COMMUNITY DEVELOPMENT AGENCY AGENDAS Government Services Center, Commissioners’ Room 515 West Fir Avenue, Fergus Falls, MN March 21, 2023 HOUSING AND REDEVELOPMENT AUTHORITY MEETING AGENDA 12:00 p.m. 1. Call Meeting to Order and Roll Call – Chairperson 2. Approval of Agenda 3. Approval of Consent Agenda A. Regular Board Meeting Minutes, February 21, 2023 B. Housing Choice Voucher Rental Assistance Program Report February 2023 C. Community Housing Investment Programs Report February 2023 D. Public Housing Program Report February 2023 E. Check Report and February 2023 Financial Reports F. HRA CDA Joint Work Session Minutes, February 21, 2023 4. New Business A. Resolution No. 234 Amending Resolution No. 198 Regarding the Transfer of Assets and Assignment of Obligations of the Housing and Redevelopment Authority in and for Otter Tail County to the Community Development Agency of Otter Tail County, and the Asset and Liability Transfer Agreement Therefor, and Declaring the Intent To Dissolve the Housing And Redevelopment Authority in and for Otter Tail County B. Resolution No. 235 Authoring Execution of the Architectural and Engineering Services Agreement with Design Intent 5. Discussion A. HRA MN NAHRO Commissioner Training B. Finance Committee C. Meeting Logistics 6. Executive Director Report 7. General Discussion – Topics by Commissioners 8. Adjourn COMMUNITY DEVELOPMENT AGENCY MEETING AGENDA 1:00 p.m. 1.Call to Order 2.Approval of Agenda 3.Approval of Consent AgendaA.February 21, 2023 Regular Meeting MinutesB.February 21, 2023 Joint CDA-HRA Work Session Minutes C.February 2023 Financial Reports 4.Reports and PresentationsA.Director Status ReportB.Committee Reports •Housing Growth and Investment (did not meet) •Workforce Support and Development (did not meet) •Childcare Investment C.‘On the Map’ Report D.Board Member Updates 5.Regular Business Items A.Resolution No. 2023-01 Amending Resolution No. 2022-05 Accepting andConsenting to Otter Tail County Ordinance Regarding the Transfer of Assets andAssignment of Obligations of the Housing and Redevelopment AuthorityB.Erhards Grove Township Hall Property •Authorization to Proceed with Property Survey •Review Disposition Plan 6.Discussion and Communications A.Housing Project Updates •Battle Lake Youth Center/Bethel Church Property •Pelican Rapids Highway GarageB.Other CommunicationsC.Upcoming meeting: •Tuesday, April 18, 2023 @ 1 p.m., County Board Room, Government Services Center with HRA Board meeting @ noon 7. Adjourn MINUTES OF THE COMMUNITY DEVELOPMENT AGENCY OF OTTER TAIL COUNTY Government Services Center, County Board Room 515 W Fir Ave, Fergus Falls MN 56537 February 21, 2023 Call to Order The Otter Tail County Community Development Agency convened at 1:45 p.m., Tuesday, February 21, 2023, following the joint session of the with the HRA Board of Directors. Attendance was as follows: Present in person Present via Technology Absent Board Members: Jeff Ackerson x Dena Johnson x Val Martin x Kurt Mortenson x Dave Ripley x Betsy Roder x Lee Rogness x Dave Schornack x Greg Swanberg x Staff: Amy Baldwin, CDA Director x Barbara Dacy, HRA Executive Director x Sarah Schake, CDA Project Manager x Carter Grupp, Lead for MN Broadband Fellow x Nick Leonard, Deputy County Administrator/ Communications & External Relations Director x Paula Grunewald, HRA Administrative Assistant x Others: Betty Murphy x Annual Election of Officers Motion by Val Martin, second by Dave Ripley, and unanimously carried to approve the same slate of officers as 2022. Chairperson: Dave Schornack; Vice Chair: Jeff Ackerson; Treasurer: Lee Rogness; Assistant Treasurer: Wayne Stein; Secretary: Amy Baldwin. Approval of Agenda Motion by Dena Johnson, second by Dave Ripley and unanimously carried to approve as presented. Val Martin suggested to include a Consent Agenda for future agendas. Approval of Minutes Motion by Dena Johnson, second by Dave Ripley and unanimously carried to approve the January 17, 2023, meeting minutes with no changes. Bills and Financials Motion by Val Martin, second by Lee Rogness, and unanimously carried to approve the Financial Statements as presented. Reports and Presentations Director Baldwin presented the Community and Economic Development Annual Report. Regular Business Items Community Growth Partnership Application Motion by Val Martin, second by Dena Johnson and unanimously carried to approve City of Dalton Community Growth Partnership Planning Grant for the Engineering Design Services related to the Northfields of Dalton housing redevelopment. Annual Conflict of Interest Policy Motion by Dena Johnson, second by Lee Rogness and unanimously carried to approve the 2023 Conflict of Interest Policy in accordance with MN State Statute. 2023 CDA Committee Assignments: The board affirmed maintaining the three committees in 2023: Housing and Development, Childcare and Workforce, with the addition of Digital Equity to the Workforce Committee. 2023 CDA Services Agreement with Otter Tail County Motion by Lee Rogness, second by Dena Johnson and unanimously carried to approve the 2023 Services Agreement with Otter Tail County. Discussion and Communications Director Baldwin shared there is substantial legislative activity relevant to the CDAs priorities around housing, workforce, childcare and digital access. Upcoming meeting: Tuesday, March 21, 2023 @ 1:00 p.m., County Board Room, Government Services Center with HRA Board meeting @ noon. Adjourned Meeting adjourned at 2:21 pm. OTTER TAIL COUNTY – MINNESOTA CDA Board of Commissioners and HRA Board of Commissioners Joint Work Session February 21, 2023 At the Otter Tail County Government Services Center 500 W Fir Ave, Fergus Falls, MN HRA Board Members Present: Wayne Johnson, Chairperson Betty Murphy Leland Rogness, Vice Chairperson* Jeff Ackerson* Via Teams: Kurt Mortenson* *Member of both boards CDA Board Members Present: Jeff Ackerson Dena Johnson Val Martin David Ripley Leland Rogness* Greg Swanberg Via Teams: Kurt Mortenson* Betsy Roder – Via Teams Others Present: Barbara Dacy, OTC HRA Executive Director Amy Baldwin, OTC CDA Director Tanya Westra, OTC Housing Project Manager Sarah Schake, OTC Community Development Project Manager Nick Leonard, OTC Deputy Administrator Carter Grupp, Lead for MN Broadband Fellow Paula Grunewald, OTC HRA Administrative Assistant Via Teams Julie Bakken, OTC HRA Accounting Specialist 1. CALL TO ORDER Chair Jeff Ackerson called the meeting to order at 12:47 p.m. 2. DISCUSSION AND COMMUNICATIONS An overview handout was distributed to those in attendance (attached to minutes for reference). Discussion was held around the background and history of the two agencies; core mission areas; current board commission and structure; and considerations related to agency and organizational alignment. Following discussion, the continuation of parallel agency operations was affirmed. Existing structure with County Board membership on the CDA and HRA boards fulfills an adequate communication and coordination between the two boards. Staff will prepare an official action for consideration by each board at their March meetings. 3. ADJOURNMENT At 1:44 pm the session was adjourned. OTTER TAIL COUNTY -MINNESOTA CDA & HRA ORGANIZATIONAL ALIGNMENT CORE MISSION AREAS Expand Housing Opportunities 8ig Build Housing Finance Programs Community assistance for new development -Battle Lake, Pplir.;m R~nif1(;. Pt(. Promote Business Development -OTCWol1<s Foster Coordination of Public & Private Resources Child care capacity Grant Program Child care project manager support 8roadband support and digital c-quity programming Affordable Housing Development & Property Management Affordable senior housing -pilot in Dalton Housing Stablllzatlon Housing Choice Voucher Program 13 unit scattered site Public Housing Program Community Investment Tax forfeit property redevelopment HRA rehabiliation programs (includes Small City Development Program from DEED) Down Payment Assistarce community assistance Tor new development -Battle Lake, Pelican Rapids, etc. Additional Considerations Loss of mission focus with one board Risk of policy divergence with two separate boards Operational implications of federal program policies and oversight • Procurement policy HUD approval needed for timirg of program transition from HRA to CDA Maintaining two boards eliminates need for program participant board membership Difference in board term length • HRA is 5-year term • CDA is 6-year term CURRENT STRUCTURE CDA 2 elected officials• 7 community members 9members 111111 • 2 elected officials are required b)' state statute HRA 3 elected officials • 1 CDAmember 1 community members Smembers • 2 elected officials overlap with elected officials on COA Board I I I I I I I I I I I I I I I II PROPOS ED FU TURE STRUCTURE CDA 2 elected officials 7 community members 9members ( TIMELI NE Pre-2015 2018 County Statutorily economic defined development economic committee development formed committee formed ) 2019 August 2021 Establishment Otter Tail of the CountyHRA Community begins Oevelopment operations Agency in-house 202 3-2024 Cross-educate Commissioners HRA 2 elected officials - 3 community members~ 5 members • All HRA members overlap with CDA members and 3 members rotate 2022 CDA&HRA began conversations about board alignment Foster understanding of both boards'missions and accomplishments Align two boards through board composition and coordinated work plans FUND 23 705 Dept Community Development Agency FEBRUARY VARIANCE 2023 2023 YTD POSITIVE/2021 2022 Revenues BUDGET ACTUAL (NEGATIVE)ACTUAL ACTUAL PROPERTY TAXES 541,800$ 6,177$ (535,623)$ 530,928$ 502,899$ GRANTS/OTHER REVENUES/INTEREST 3,000$ 551$ (2,449)$ 2,724$ 2,848$ GENERAL LEVY TRANSFER 200,000$ (200,000)$ Total Revenues 744,800$ 6,728$ (738,072)$ 533,652$ 505,747$ Expenditures PER DIEM 15,120$ 630$ (14,490)$ 7,200$ 10,335$ PUBLISHING & ADVERTISING 9,000$ 1,950$ (7,050)$ 9,459$ 4,629$ MEMBERSHIP DUES 4,000$ 4,195$ 195$ 3,620$ 3,025$ REGISTRATION FEES 2,000$ 135$ (1,865)$ 115$ 1,510$ AUDIT COST 2,300$ 1,204$ (1,096)$ 2,168$ -$ CONTRACTED SERVICES 308,810$ 1,676$ (307,134)$ 145,670$ 163,614$ MILEAGE 4,000$ 172$ (3,828)$ 1,434$ 2,064$ MEALS AND LODGING 7,000$ 116$ (6,885)$ 1,141$ 5,944$ LIABILITY INSURANCE 2,400$ 2,568$ 168$ 2,223$ 2,309$ MISC CHARGES -$ -$ -$ -$ 179$ OFFICE SUPPLIES -$ -$ -$ -$ -$ COMMUNITY GROWTH PARTNERSHIP GRANT 300,000$ 10,000$ (290,000)$ 75,000$ 3,443$ Total Expenditures 654,630$ 22,645$ (631,985)$ 248,029$ 197,053$ Revenue 744,800$ 6,728$ 533,652$ 505,747$ Expenditures 654,630$ 22,645$ 248,029$ 197,053$ Net/Unallocated 90,170$ (15,916)$ 285,623$ 308,694$ Fund Balance - Beginning 1,299,311$ 704,994$ 990,617$ Fund Balance - Ending 990,617$ 1,299,311$ FUND 23 706 Dept Non Special Benefit Levy Programming FEBRUARY VARIANCE 2023 2023 YTD POSITIVE/2022 Revenues BUDGET ACTUAL (NEGATIVE)ACTUAL PROPERTY TAXES 200,000$ -$ (200,000)$ 2,000,000$ GRANTS/OTHER REVENUES/INTEREST -$ -$ -$ -$ Total Revenues 200,000$ -$ (200,000)$ 2,000,000$ Expenditures INFRASTRUCTURE -$ -$ -$ -$ DOWN PAYMENT ASSISTANCE -$ -$ -$ 12,245$ Total Expenditures -$ -$ -$ 12,245$ Obligations INFRASTRUCTURE -$ -$ -$ 100,000$ DOWN PAYMENT ASSISTANCE -$ -$ -$ -$ Total Obligations -$ -$ -$ 100,000$ Revenue 200,000$ -$ 2,000,000$ Expenditures -$ -$ 12,245$ Obligations -$ -$ 100,000$ Net/Unallocated 200,000$ -$ 1,887,755$ Fund Balance - Beginning 2,087,755$ -$ Fund Balance - Ending 1,887,755$ PctReportCode1 11:17:37AM DGODEL 01/2023 02/2023Cash 17% 02/2023War# 8 Char Invoice#Description Copyright 2010-2022 Integrated Financial Systems 23 COMMUNITY DEVELOPMENT AUTHORITY 705 ECONOMIC DEVELOPMENT/TOURISM 000 ... 23-705-000-0000-6140 14,490.00 415,120 630.00Per Diem 630.00 COM 2/28/2023 90.00 178684 1/17/23 CDA - PER DIEM COM 2/28/2023 90.00 178735 1/4/23 CDA - PER DIEM COM 2/28/2023 90.00 178735 1/17/23 CDA - PER DIEM COM 2/28/2023 90.00 178736 1/4/23 CDA - PER DIEM COM 2/28/2023 90.00 178736 1/17/23 CDA - PER DIEM COM 2/28/2023 90.00 178738 1/17/23 CDA - PER DIEM COM 2/28/2023 90.00 178746 1/17/23 CDA - PER DIEM 23-705-000-0000-6240 7,050.00 229,000 1,950.00Publishing & Advertising 0.00 COM 1/3/2023 250.00 177759 11574 TABLE FEE AT BUILDER EXPO COM 1/3/2023 1,000.00 177768 INV-1797 2023 OTLCA MAGAZINE AD COM 1/24/2023 700.00 178040 3375 HOUSING BILLBOARD JAN 2023 23-705-000-0000-6241 195.00 1054,000 4,195.00Membership Dues 525.00 COM 1/3/2023 545.00 177756 2023-13109 2023 MEMBERSHIP DUES COM 1/3/2023 2,500.00 177757 1282 2023 MEMBERSHIP DUES COM 1/24/2023 625.00 178049 12868 2023 MEMBERSHIP DUES COM 2/14/2023 525.00 178443 11708 2023 BAM/LRBA/NAHB DUES 23-705-000-0000-6242 1,865.00 72,000 135.00Registration Fees 105.00 COM 1/24/2023 30.00 177963 64033 ACCT 56 MAPCED MTG DEC 2022 COM 2/14/2023 105.00 178489 10026 BOOTH RENTAL FOR SHOW 23-705-000-0000-6266 1,096.00 522,300 1,204.00Audit Cost 1,204.00 COM 2/28/2023 1,204.00 178701 71877 AUDIT SERVICES 7/6/22-1/17/23 23-705-000-0000-6290 307,134.32 1308,810 1,675.68Contracted Services.1,675.68 COM 2/14/2023 1,675.68 305123 JAN2023 CDA'S SHARE OF CURRIE INV 23-705-000-0000-6330 3,828.39 44,000 171.61Mileage171.61 COM 2/28/2023 41.92 178746 1/17/23 CDA - MILEAGE COM 2/28/2023 24.89 178684 1/17/23 CDA - MILEAGE COM 2/28/2023 26.20 178735 1/4/23 CDA - MILEAGE COM 2/28/2023 26.20 178735 1/17/23 CDA - MILEAGE COM 2/28/2023 52.40 178738 1/17/23 CDA - MILEAGE 23-705-000-0000-6331 6,884.50 27,000 115.50Meals And Lodging 115.50 COM 2/14/2023 115.50 178404 1/17/23 MEALS FOR CDA BOARD MTG 1/17 23-705-000-0000-6355 168.00 1072,400 2,568.00Liability Insurance 0.00 COM 1/3/2023 2,568.00 177763 19577R ACCT 7639 PC RENEWAL 23-705-000-0000-6822 290,000.00 3300,000 10,000.00Community Growth Partnership Grant 10,000.00 Page 2 Report For: ToReport Basis:Percent of Year: Actual For Tran Date Bdgt - Act Difference01/2023 - 02/2023 - - 3/3/2023 Actual ForType2023 BUDGET EXPENDITURE GUIDELINE Otter Tail County Auditor PctReportCode1 11:17:37AM DGODEL 01/2023 02/2023Cash 17% 02/2023War# 8 Char Invoice#Description Copyright 2010-2022 Integrated Financial Systems AUD 2/28/2023 10,000.00 305180 2/28/23 CDA GRANT REIMBURSEMENT ...314,426.79 22,644.79654,630.00 631,985.21 ECONOMIC DEVELOPMENT/TOURISM 314,426.79 22,644.79654,630.00 631,985.21 COMMUNITY DEVELOPMENT AUTHORITY 314,426.79 22,644.79654,630.00 631,985.21 314,426.79 22,644.79654,630.00 631,985.21 Page 3 Report For: ToReport Basis:Percent of Year: Actual For Tran Date Bdgt - Act Difference01/2023 - 02/2023 PROGRAM DEPT FUND Final Totals 10 Accounts 3/3/2023 000 705 23 Actual ForType2023 BUDGET EXPENDITURE GUIDELINE Otter Tail County Auditor DATE: March 16, 2023 TO: CDA Board of Directors FROM: Amy Baldwin, Community Development Director SUBJECT: Director Status Report Housing Growth Initiative / The Big Build: • Tax rebate program: 10 applications year-to-date: 1 in Ottertail, 1 in Perham, 1 in Parkers Prairie and balance from township areas • Staff attending the Perham Lake Home & Cabin Show on March 18 to promote the Tax Rebate Program and other housing finance programs. Land & Resource department staff also attending the show to share septic system and shoreland guidance. • Presented Big Build progress update as well as other updates at the Perham Power Hour and Fergus Falls Chamber Café. Workforce Support Strategy / OTC Works: • Next quarterly workforce convening is scheduled for Thursday, March 23 at 9am. Speakers will discuss opportunities for employers to participate in child care provider appreciation, best practices to host student career pathway field trips, and overview of the 2022 Annual Report. • Youth Workforce Navigation Program Manager, Amy Johnson has conducted school presentations to more than 150 students about the K12 Navigator, finding career experiences, and pursuing career pathways. Childcare • Launched second round of Child Care Capacity Grants for new and existing providers (press release attached). Broadband and Digital Access and Equity: • Continuing coordination of Digital Connection Committee to further inform the State’s digital equity plan. As part of the effort, staff plans to host 3 town halls in Perham, Fergus Falls, and Pelican Rapids to convene interested parties and gather additional input from residents. Otter Tail County received a $2,000 mini grant from the Minnesota Office of Broadband to support this work. Attachments: • Child Care Grant Press Release FOR IMMEDIATE RELEASE Child care grants for Otter Tail County providers February 28, 2023 – Otter Tail County, MN – Child care providers in Otter Tail County can apply to the second round of the Child Care Capacity Grant Program. The program, launched in September 2022, is intended to support child care program needs for existing providers and increase child care slots for new or expanding providers in Otter Tail County. The second round of the program is possible thanks to a Child Care Economic Development Grant from the Minnesota Department of Employment and Economic Development (DEED) awarded to the County. Otter Tail County knows that access to quality and affordable child care is needed for people to live and work in our region. In addition to keeping children safe and providing quality early childhood experiences, child care is a workforce need. According to a 2022 report from First Children’s Finance, there is a shortage of 1,035 child care slots in Otter Tail County. The Child Care Capacity Grant Program will help address this need by providing financial support to new providers who will add child care slots and existing providers who will retain the current supply of child care slots. General program guidelines: Eligibility: Child care centers, family providers, and multiple-provider pod models are eligible to apply for the Child Care Capacity Grant Program if they are located in Otter Tail County, provide full-time child care, and have a current active license in good standing or be in the process of completing licensure. Priority will be given to first-time applicants to Otter Tail County’s grant program. Visit ottertailcountymn.us/childcare-grant for the complete eligibility list. Use of funds: Grant funds can be used to reimburse costs associated with equipment purchases, program needs, and facility improvements required by licensing and/or fire safety requirements. Application process: Access full program guidelines and the application form at ottertailcountymn.us/childcare-grant. Applications are accepted on an ongoing basis subject to the availability of funds. Otter Tail County Commissioner, Dan Bucholz, shared, “The County awarded more than $21,000 to child care providers in the first round of the grant program. We’re continuing the program because we know providers need support to do what they do and offer this critical service for families in our communities.” More information about the Child Care Capacity Grant Program and other child care efforts can be found at ottertailcountymn.us/childcare. ### Child Care Committee Meeting Notes Date/Time: February 16 @ 9am Committee members present: Jeff Ackerson (in person), Val Martin (virtual) Outline of key actions discussed: 1. Otter Tail County Child Care Grant program a. Review, discussion, and approval of one Child Care Capacity Grant application b. Update on second round of program with state child care funding 2. Child Care Project Managers work plan update a. Re-engaging with two project managers with state funding and additional funding from West Central Initiative b. Heather Newville work plan priorities: In person training schedule for providers, engaging employers in provider appreciation, provider assistance and resource referrals c. Tammy Anderson work plan priorities: employer engagement to invest and participate in projects, explore facility Next meeting: Monday, March 27 @ 2:30pm 218-998-8060 ® COMMUNITY DEVELOPMENT AGENCY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER LIVE YOUR best life HE RE. Government Services Center 520 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcountymn.us OTTER TAIL COUNTY COMMUNITY DEVELOPMENT AGENCY REQUEST FOR BOARD ACTION _March 21, 2023__ BOARD MEETING DATE AGENDA ITEM # 5A Administration ORIGINATING DEPARTMENT/SERVICE Amy Baldwin 3/16/2023 REQUESTOR’S SIGNATURE/DATE BOARD ACTION REQUESTED Approval of Resolution No. 2023-01 Amending Resolution No. 2022-03 Approving and Accepting the Transfer of Assets and Assignment of Obligations of the Housing and Redevelopment Authority PROPOSED REQUEST/JUSTIFICATION The purpose of this resolution is to amend Resolution No. 2022-03 which approved the accepting the transfer of assets and obligations of the HRA to the CDA. At the time of consideration by the CDA, the County Board had conducted the required public hearing in July 2022 and adopted an ordinance declaring the “Effective Date” for the dissolution of the HRA as January 1, 2024, at 12:00 am. The intent of this resolution is to preserve the previous approvals of accepting and consenting to the transfer of assets and assignment of obligations of the HRA. However, the resolution notifies the HRA and the County Board that additional time is needed to accomplish the “Conditions Precedent”, which include obtaining HUD approvals and the necessary tasks in relation to transferring the assets and liabilities, and to continue consultation with the HRA. The resolution does not specify an Effective Date for dissolution but keeps in place the work completed to date should dissolution wish to be advanced in the future. Upon transmittal of the resolution to the County Board, it can then determine what action it wants to take, if any. PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED EXECUTIVE DIRECTOR DATE: Amy Baldwin 3/16/2023 ATTACHMENT LIST: • Resolution 2023-01 • Resolution 2022-03 FINANCIAL IMPLICATIONS: NA BUDGETED: YES NO FUNDING: NA COMMENTS 73869673v1 Resolution No. 198 RESOLUTION NO. 2023-01 AMENDING RESOLUTION NO. 2022-03 APPROVING AND ACCEPTING THE TRANSFER OF ASSETS AND ASSIGNMENT OF OBLIGATIONS OF THE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, on June 16, 2022, the Housing and Redevelopment Authority in and for Otter Tail County, Minnesota (the "HRA"), adopted a resolution approving a "Proposal" that included the following undertakings : (i) the transfer of all of the HRA's assets, and assignment of all of its obligations, to the Community Development Agency of Otter Tail County, Minnesota (the "CDA"); (ii) the granting to the CDA the full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469.090 through 469.1082, by Otter Tail County, Minnesota (the "County"); and (iii) the dissolution of the HRA by the County, all prior to January 1, 2023; and WHEREAS, on July 6, 2022, the CDA adopted a resolution approving and accepting the transfer of assets and assignment of obligations of the HRA; and WHEREAS, the County conducted a public hearing on the dissolution of the HRA on July 26, 2022; and WHEREAS, the County adopted an Ordinance (the "Dissolution Ordinance") on August 9, 2022, dissolving the HRA subject to certain conditions precedent (the "Conditions Precedent") as follows: a. The CDA must approve the acceptance of the assets and obligations transferred and assigned by the HRA pursuant to the Asset and Liability Transfer Agreement (the "Agreement"), duly authorize the execution and delivery of the Agreement, and enter into the Agreement; b. The HRA and the CDA must perform all obligations under the Agreement, and the Agreement must remain in effect from execution through January 1, 2023; c. The County must hold a public hearing, publishing notice thereof not less than 10 days prior thereto, on the proposal of the dissolution of the HRA; d. Subsequent to the public hearing, the County must dissolve the HRA by ordinance, and after due publication thereof, submit a certified copy of the ordinance to the Commissioner of the Department of Employment and Economic Development of the State of Minnesota; e. The County must grant to the CDA the full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469.090 through 469.1082; 73869673v1 f. Any and all subsequent approvals of the County, the HRA, or the CDA, either required or advised to be taken related to the Proposal must occur; and g. All other federal and state law requirements, including but not limited to, those contained in Minnesota Statutes, Section 469.033, subdivision 7, must be met; and WHEREAS, the CDA has determined that additional time is needed to accomplish certain Conditions Precedent enumerated as b., e., f., and g., above; and WHEREAS, the Dissolution Ordinance established an Effective Date of January 1, 2024; and WHEREAS, the CDA has determined that the Conditions Precedent will not be accomplished by January 1, 2024; and WHEREAS, the CDA has determined that additional consultation in collaborations with the HRA is warranted. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Community Development Agency in and for Otter Tail County, Minnesota, that: 1. Resolution No. 2022-03 is hereby amended as follows: a. The first WHEREAS paragraph is stricken in its entirety and replaced with the following language: WHEREAS, in order to achieve certain efficiencies in the administration of housing, economic development, and redevelopment programs within, and for the residents of, Otter Tail County, Minnesota (the "County"), the Housing and Redevelopment Authority in and for the County (the "HRA"), and the Community Development Agency of the County (the "CDA"), are proposing that: (i) the HRA transfer all of its assets, and assign all of its obligations to the CDA; (ii) the County grant the CDA full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469.090 through 469.1082; and (iii) the County dissolve the HRA (collectively, the "Proposal"); 2. The Conditions Precedent will not be accomplished by January 1, 2024, and advises the County and the HRA of the same; and 3. That all other provisions of Resolution No. 2022-03 remain in full force and effect, and the Executive Director and other staff of the CDA shall continue to perform all work necessary, and to collaborate with the County and the HRA, to diligently effectuate the Proposal. 73869673v1 Upon the motion of __________, seconded by _____________, and passed on a ______________________vote, the above resolution is hereby adopted by the Otter Tail County Community Development Agency Board of Commissioners. Adopted this ____ day of __________, 2023. Dated: _______________________________ OTTER TAIL COUNTY CDA BOARD OF COMMISSIONERS Attest: ______________________________ By:_____________________________ OTTER TAIL COUNTY COMMUNITY DEVELOPMENT AGENCY RESOLUTION 2022-03 APPROVING AND ACCEPTING THE TRANSFER OF ASSETS AND ASSIGNMENT OF OBLIGATIONS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR OTTER TAIL COUNTY TO THE COMMUNITY DEVELOPMENT AGENCY OF OTTER TAIL COUNTY, AND APPROVING THE ASSET AND LIABILITY TRANSFER AGREEMENT THEREFOR WHEREAS, in order to achieve certain efficiencies in the administration of housing, economic development, and redevelopment programs within, and for the residents of, Otter Tail County, Minnesota (the "County"), the Housing and Redevelopment Authority in and for the County (the "HRA"), and the Community Development Agency of the County (the "CDA"), are proposing that: (i) the HRA transfer all of its assets, and assign all of its obligations to the CDA; (ii) the County grant the CDA full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469.090 through 469.1082; and (iii) the County dissolve the HRA, all prior to January 1, 2023 (collectively, the "Proposal"); WHEREAS, in connection with the Proposal, the HRA and the CDA will need to meet certain requirements of the U.S. Department of Housing and Urban Development ("HUD") to successfully transfer the administration of the Public Housing Program, and the Housing Choice Voucher and Project-Based Voucher Programs (the "HUD Programs"); and WHEREAS, a draft of the Asset and Liability Transfer Agreement, providing for the terms and conditions of the transfer of all of the HRA's assets and assignment of all of the HRA's obligations to the CDA (the "Agreement"), has been submitted for preliminary review and approval by the Board of Commissioners of the CDA; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Community Development Agency of Otter Tail County, Minnesota, that: 1. The Board of Commissioners of the CDA hereby consents and accepts the transfer of all of the assets and the assignment of all of the obligations of the HRA to the CDA, including but not limited to the HUD Contracts, as defined below, subject and pursuant to the Agreement, which is hereby approved in substantially the form submitted, and the Board Chair and Community Development Director are hereby authorized and directed to execute the Agreement on behalf of the CDA. 2. The approval hereby given to the Agreement includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, deletions therefrom, and additions thereto, as may be necessary and appropriate and approved by the CDA officials authorized by this resolution to execute the Agreement. The execution of the Agreement by the appropriate officer or officers of the CDA shall be conclusive evidence of the approval of the Agreement in accordance with the terms hereof. 3. The Board hereby approves and authorizes the following, as required by HUD: a. The acceptance of the transfer and assignment by the HRA of: the Consolidated Annual Contributions Contract (the "CACC"), and all other contracts with HUD (the "HUD Contracts"); PHA Identification Number MNI 77; and its available administrative fees and unrestricted net position, all to the CDA; b. The preparation of a letter by CDA officials to be sent to the local HUD field office, indicating agreement to and the request to process the Proposal; c. CDA officials, together with any of the CDA's consultants or legal counsel, to: (i) take all necessary steps and actions to ensure that it has the administrative capacity to administer the HUD Programs, and to provide continuity to the HUD Programs as currently administered by the HRA; and (ii) take all other necessary steps required by HUD for the Proposal, including but not limited to, those requirements as contained within HUD Notice PIH 2018-12 and HUD Notice PIH 2014-24; 4. The Board hereby determines and declares that the purposes of the Proposal, including but not limited to, the creation of certain efficiencies in the administration of housing, economic development, and redevelopment programs within, and for the residents of the County, is a compelling business reason to approve the Proposal. Upon the motion of Val Martin, seconded by Dena Johnson, and passed on a unanimous vote, the above resolution is hereby adopted by the Otter Tail County Community Development Agency Board of Commissioners. Adopted on July 6, 2022. By J,,;IJP~~ Board Chair OTTER TAIL COUNTY COMMUNITY DEVELOPMENT AGENCY REQUEST FOR BOARD ACTION March 21, 2023 BOARD MEETING DATE AGENDA ITEM #5.B Administration ORIGINATING DEPARTMENT/SERVICE TEAM Amy Baldwin 3/16/2023 REQUESTOR’S NAME/DATE BOARD ACTION REQUESTED Authorize proceeding with survey of 19965 Co. Hwy 24 (Erhards Grove Townhall) PROPOSED REQUEST/JUSTIFICATION As part of the consolidation of the three functionally deficient County Highway garages into one, new location in Pelican Rapids, the County Board transferred ownership of the County Highway Garage in Erhard to Erhards Grove Township for their use. In exchange, the Township has transferred ownership of its townhall at 19965 County Highway 24 to the Community Development Agency with the intent that the CDA will manage the disposition of the parcel for an economic development purpose. The sale of the property will be guided in Minnesota Statute 469.105. As property records were reviewed, it has been determined that a survey of the property is needed in anticipation of a re-sale of the property. Four quotes for survey work of the property have been obtained and are included for reference. Staff recommends the Board authorize proceeding with the quote from Interstate Engineering in the amount of $1,425 to complete a survey of the property. PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED EXECUTIVE DIRECTOR DATE: Amy Baldwin 3/16/2023 ATTACHMENT LIST: a. Location Map b. Quotes c. MN Statute 469.105 FINANCIAL IMPLICATIONS: BUDGETED: YES NO FUNDING: While not directly funded, undesignated funds are available to fund this expense COMMENTS Otter Tail County, MN ± 0.015 0 0.0150.0075 mi Otter Tail County Web Map Not a legal document. For Reference Use Only. Accuracy is not guaranteed. https://ottertailcountymn.us/ 24000220179002 19965 • 24000 20179001 310,78' "" 230000 ,(' > .. # ' \ , -' • ; ' .,, ' -.:p; !Bl h :t j__l__J 24000260217000 ~ OTTERTAIL CONTRACT FOR PROFESSIONAL SERVICES Contract No. 120-23 Date: March 14, 2023 Client: Otter Tail County Housing and Redevelopment Authority 500 West Fir Avenue Fergus Falls, MN 56537 Telephone: 218-770-2416 Kevin Currie PROFESSIONAL SERVICES: ANDERSON LAND SURVEYING, INC. hereby proposes to furnish all materials and perform all labor necessary to provide a Boundary Survey as requested by client. Our services will include: 1. Provide a boundary survey of the property as per legal description provided. 2. Set iron monuments at the property corners and online as needed. 3. Prepare a Certificate of Survey depicting the angular relationship, dimensions and area of the tract of land. LEGAL DESCRIPTION: Part of the Southeast Quarter of the Southeast Quarter, Section 22, Township 135, Range 43, Otter Tail County, Minnesota. FEE STRUCTURE: $2,300.00 Fixed fee Due upon completion ACCEPTANCE AND AUTHORIZATION The above specifications and fees are satisfactory and are hereby accepted. Anderson Land Surveying, Inc. is authorized to do the work as specified and payment will be made as outlined above. I hereby agree to pay 1-1/2% interest per month (18% annual rate) on the average daily outstanding balance over 30 days old. Signed: ______________________________________________________________ Date: ________________________________________________________________ Please sign and return signed copy ~c □m~ass ~ consultants inc. March 9, 2023 155 2nd St SW I Perham, MN 56573 I 218.347.3620 Otter Tail County Community Development Agency Att: Kevin Currie No Address kcurrie@co.ottertail.mn.us 218 -770-2416 Dear Kevin, I appreciate the opportunity to provide this proposal for surveying the property in Section 22, Township 135, Range 43, otherwise known as parcel number(s) 24000220179001 in Otter Tail County. Scope of Services: Fixed Fee: Schedule: Find or set the corners for property. Mark said corners with survey lath and ribbon (See concept). Mark property lines with additional lath and ribbon (See concept). Provide Certificate of Survey. $2200.00 To be determined. Note: Any additions/changes from above Scope of Services may incur charges at $85.00/hour for surveying/office work, and $130.00/hour for Professional Land Surveyor review. In order to get your project scheduled please return a copy of this letter with your signature. Any questions please call 218.347.3607 or email Jeremy.Guck@TrustCompass.com. This bid is only valid for 60 days from date of bid. Sincerely ,4. ,,;:/ ~{_ Jere Guck Survey Crew Chief 1.218.347 .3620 Jeremy.Guck@TrustCompass.com I agree that the work described in this letter satisfies my request for a Land Survey. I agree to pay in full, the enclosed fee no later than 30 days upon completion. I acknowledge that, if the scope of services change, a signed work change order is required, and Compass Consultants, Inc. reserves the right to renegotiate our fee. Signature Date Total Authorized Amount Invoicing: Compass normal invoicing procedure occurs the week after the project is completed. The terms are due upon receipt. A monthly FINANCE CHARGE of 1.5% (18% per Annum) will be charged on accounts past 30 days. Credit card payments are accepted. Please note: a 3% fee will be added to any credit card payment. Call Accounting at 218.347.3610 to make a payment. TrustCompass.com Otter Tail County, MN ±Kevin Currie OTC Not a legal document. For Reference Use Only. Accuracy is not guaranteed. https://ottertailcountymn.us/ 0 0.020.01 mi O O OO X X XX O find or set monuments and mark with lath and ribbon X mark with additional lath and ribbon March 15, 2023 Kevin Currie Otter Tail County Community Development Agency 520 Fir Avenue Fergus Falls, MN 56537 SENT VIA EMAIL Subject: Survey Cost Estimate- Erhards Grove Town Hall Dear Kevin: In accordance with your email received on March 10, 2023, Moore Engineering, Inc. (“Moore”) is pleased to submit our proposal to provide Surveyor Services for the Erhards Grove Town Hall survey. The subject property is located in the Southeast Quarter of the Southeast Quarter in Section 22-135-43, Otter Tail County, Minnesota, and has a Parcel ID No. 24000220179001. Scope of Work To meet the project objectives, Moore proposes to provide the following services: 1. Conduct research at the Otter Tail County Recorder’s office, GIS site, and records in Moore Engineering for all available section corner certificates, surveys and the deed for the subject property. 2. Complete the necessary section work in Section 22 to allow retracement of the property lines. The survey will be completed on Otter Tail County Coordinates. 3. Place or find durable iron monuments at property corners and at the right of way line of County Highway 24. 4. Locate any visible improvements on the subject property. 5. Prepare a Certificate of Survey for the subject property Schedule Moore will perform the Scope of Work listed above in accordance the following schedule: • Research and field work will be completed within two weeks of authorization to proceed with the work. • Final drawing will be completed within one week of completion of the field work Letter Proposal, Otter Tail County Community Development Agency Page 2 Fee Moore will perform the tasks specified in the items listed in the Scope of Work above which will be billed at an hourly basis and will not exceed a total cost of $2,155.00 (two thousand one hundred fifty-five dollars). An invoice will be submitted upon completion of the final deliverables of the project. Any additional services requested that are outside of the scope of work will be billed at the appropriate hourly rates plus direct expenses. Closing We appreciate the opportunity to submit this Proposal, and we look forward to working with you on this Project. Should you have any questions or need additional information, please contact me by phone at 218-998-4041 or by e-mail at CHeyer@mooreengineeringinc.com. Sincerely, Chris Heyer Project Manager Surveying Services: Proposal and Agreement {This proposal is valid for 30 days from the Order Date listed below.) CLIENT INFORMATION: PROJECT#: NAME: Otter Tail County CDA -Attn : Kevin Currie ORDER DATE: 03/09/2023 --------- BILLING ADDRESS: 520 West Fir Ave PHONE: -------------------Cl TY, STATE, ZIP: Fergus Falls, MN 56537 CELL: (218) 770-2416 --------------------EM A IL: kcurrie@co.ottertail.mn.us ORDER PLACED BY: Kevin Currie ------------------------------------ SURVEY LOCATION: SECTION: PT SE1/4SE1/4 S. 22 ADDITION / LOTS: Town Hall Lot CITY OF: Erhard's Grove Twp DESCRIPTION OF WORK: TWP: 135 --------- BLOCK: ---------COUNTY: Otter Tail RG: 43 SUB D: ST ATE: MN Boundary Retracement Survey of existing 1-acre Town Hall parcel. Locate and or set property corner monuments. Identify any evidence of encroachments and prepare a Certificate of Survey detailing the results of the Survey. Schedule: Completion within 15 working day of notice to proceed. COST OF SURVEYING SERVICES: 1,425.00 Lump Sum ---------- PROPOSAL PROVIDED BY: Michael L. Fletchall, PLS To the fullest extent permitted by law, Client and Surveyor (1) waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that Surveyor's total liability to Client under this Agreement shall be limited to: $6,000.00 ; or ourfee, whichever is greater. The Client agrees this liability waiver extends to all construction contractors, subcontractors, and purchasers of real property located within or adjacent to the Project when such liability is due to the Surveyor's negligent ads, errors, or omissions. Payment for surveying services is due and payable when billed. Interest in the amount of 1.5% per month shall be added to accounts not paid within thirty (30) days of the invoice date. This estimate includes support items for CAD drafting (point development for staking) and Professional Land Surveyor time for direct supervision, scheduling, support, and troubleshooting as needed. This estimate includes travel time to/from the Project site from our office, chargeable vehicle mileage, and survey staking materials (rebar, stakes, paint, flagging, etc.). AUTHORIZATION: I hereby authorize the above-described surveying services to be performed by Interstate Engineering, Inc. under the terms and conditions set forth. SIGNATURE: DATE: ----------------------- Professionals You Need, People You Trust. Vl.O 469.105 SALE OF PROPERTY. Subdivision 1.Power.An economic development authority may sell and convey property owned by it within the city or an economic development district if it determines that the sale and conveyance are in the best interests of the city or district and its people, and that the transaction furthers its general plan of economic development. This section is not limited by other law on powers of economic development authorities. Subd. 2.Notice; hearing.An authority shall hold a hearing on the sale. At the hearing a taxpayer may testify for or against the sale. At least ten, but not more than 20, days before the hearing the authority shall publish notice of the hearing on the proposed sale in a newspaper. The newspaper must be published and have general circulation in the authority's county and city. The notice must describe the property to be sold and state the time and place of the hearing. The notice must also state that the public may see the terms and conditions of the sale at the authority's office and that at the hearing the authority will meet to decide if the sale is advisable. Subd. 3.Decision; appeal.The authority shall make its findings and decision on whether the sale is advisable and enter its decision on its records within 30 days of the hearing. A taxpayer may appeal the decision by filing a notice of appeal with the district court in the city or economic development district's county and serving the notice on the secretary of the authority, within 20 days after the decision is entered. The only ground for appeal is that the action of the authority was arbitrary, capricious, or contrary to law. Subd. 4.Terms.The terms and conditions of sale of the property must include the use that the bidder will be allowed to make of it. The authority may require the purchaser to file security to assure that the property will be given that use. In deciding the sale terms and conditions the authority may consider the nature of the proposed use and the relation of the use to the improvement of the authority's city and the business and the facilities of the authority in general. The sale must be made on the authority's terms and conditions. The authority may publish an advertisement for bids on the property at the same time and in the same manner as the notice of hearing required in this section. The authority may award the sale to the bid considered by it to be most favorable considering the price and the specified intended use. The authority may also sell the property at private sale at a negotiated price if after its hearing the authority considers that sale to be in the public interest and to further the aims and purposes of sections 469.090 to 469.108. Subd. 5.One-year deadline.Within one year from the date of purchase, the purchaser shall devote the property to its intended use or begin work on the improvements to the property to devote it to that use. If the purchaser fails to do so, the authority may cancel the sale and title to the property shall return to it. The authority may extend the time to comply with a condition if the purchaser has good cause. The terms of sale may contain other provisions that the authority considers necessary and proper to protect the public interest. A purchaser must not transfer title to the property within one year of purchase without the consent of the authority. Subd. 6.Covenant running with the land.A sale made under this section must incorporate in the deed as a covenant running with the land the conditions of sections 469.090 to 469.108 relating to the use of the land. If the covenant is violated the authority may declare a breach of the covenant and seek a judicial decree from the district court declaring a forfeiture and a cancellation of the deed. Subd. 7.Plans; specifications.A conveyance must not be made until the purchaser gives the authority plans and specifications to develop the property sold. The authority must approve the plans and specifications in writing. The authority may require preparation of final plans and specifications before the hearing on the sale. History: 1987 c 291 s 106 Official Publication of the State of Minnesota Revisor of Statutes 469.105MINNESOTA STATUTES 20221