HRA Minutes 08-16-2005
.
MINUTES - SPECIAL MEETING
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Tuesday, August 16th, 2005
505 Walnut Street - Boom Room
Commissioners Present:
Steve Andrews, Brad Barger, Bill Fair, Darrin Lahr
Commissioners Absent:
Dan Frie
Council Liaison Absent:
Wayne Mayer
Staff Present:
Rick Wolfsteller, Ollie Koropchak, and Angela Schumann.
1. Call to Order
Chairman Lahr callcd the mecting to order at 6:00 PM and declared a quorum.
2. Consideration to approve the June 18th and 2ih , 2005 BRA minutes.
MOTION BY COMMISSIONER BARGER TO APPROVE ITIE MINUTES OF
JUNE 27th, 2005.
.
MOTION SECONDED BY COMMISSIONER ANDREWS. MOTION
CARRIED.
MOTION BY COMMISSIONER FRIE TO APPROVE THE MINUTES OF
JUNE 18th, 2005, NOTING THAT COUNCIL LIAISON MA YER WAS NOT
PRESENT.
MOTION SECONDED BY COMMISSIONER BARGER. MOTION
CARRIED.
3. Consideration of adding or removing items from the agenda.
Koropehak added as item 13 entering into a license agreement between the
City/HRA with Rocky Mountain, LLC.
Koropchak stated that item 5 regarding the public hearing on the business subsidy
agreement will be removed. The lIRA will not consider adopting resolution at
this meeting, only discuss the item.
.
liRA Minutes 8/16/2005
.
4. Consideration to approve a resolution adopting a modifIcation to the
Redevelopment Plan for Central Minnesota Redevelopmcnt Proiect Plan No. I
and cstablishing 'I'll" District No. 1-36 and adopting the 'rlF Plan therefore.
Applicant: Rocky Mountain Group, Ll-,C.
Koropchak explained that the resolution creates an economic district for the
purpose of the creation and retention of jobs. The district also includes
requirements for employment number and wage levels. Koropchak noted that the
plan prepared by Ehlers illustrates the requirements of the State statute in terms of
uses and funds f(Jr the district. The report also discusses the projected impacts of
the district on the City tax base. The report discusses the proposed project
specifically, including that the City will repay itself for costs incurred flJr
completion of public improvement projects. Koropchak stated that the
Dahlheimer site is 8.6 acre parcel. Koropchak reviewed the Ehlers cash flows
projection, noting that they illustrate a 5% interest rate and $61 per square foot
value. Koropchak stated that based on those calculations, $450,000 would be
collected in TIF. The resolution reiterates the project's process and public
purpose.
Barger clarified that the City is repaying itself for the public improvements.
Koropchak reiterated that an approval of this resolution only establishes the
district.
.
MOTION BY COMMISSIONER fAIR TO APPROVE A RESOLUTION
ADOPTING A MODIfICATION TO 'fHE REDEVELOPMENT PLAN FOR
CENTRAL MINNESOTA REDEVELOPMENT PROJECT PLAN NO. I AND
ESTAHLlSIIING TIF DISTRICT NO. 1-36 AND ADOPTING THE TIF PLAN
THEREFORE. APPLICANT: ROCKY MOUNTAIN GROUP, IJ,C.
MOTION SECONDED BY BARGER. MOTION CARRIED.
5. Public Hearing -Business Subsidy Agreement and Public Ilearing -- Sale of Land
Consideration to adopt a resolution approving Purchase and Redevelopment
Contract between the ERA and Rocky Mountain Group, LLC.
Koropchak asked the HRA to open and continue the public hearing on the sale of
land to the August 29th meeting.
Chairman Lahr opened the public hearing.
MOTION BY COMMISISONER ANDREWS TO CONTINUE THE PUBLIC
HEARING ON THE SALE OF LAND FROM AUGUST 16th, 2005 TO
AUGUST 291\ 2005.
.
2
HRA Minutes 8/16/2005
.
MOTION SECONDED BY COMMISSIONER BARGER. MOTION
CARRIED.
Koropchak reported that removal of the public hearing on the business subsidy
was because of the notice on August 4th. Koropchak explained that Bubul had
indicated that in the special session, the legislature made changes to TIF statutes,
particularly related to the business subsidy act. Specifically, Koropchak stated
that they needed to add a clause in public hearing notice stating that "Any person
with residence or taxable property in Monticello may tile a written complaint if
the guarantor" As this clause was not included at the time of the first publication,
it needed to be republished.
Fair asked if this would change the project timetable. Koropchak indicated that
City is working hard to meet the Dahlheimer's schedule, although they do not
have their plans in order at this time.
Fair asked how far along the City is in infrastructure improvements. Koropchak
reported that they are moving on schedule, to be complete in October. Koropchak
referred to the stock pile on the actual Dahlheimer lot. The estimated cost is
$27,000 to move the stockpile.
Fair asked about the siting of the lot. Koropchak reported that it would be at the
corner of School Boulevard and Chelsea Road.
.
Koropchak reviewed the contract, noting declaration of covenants are included.
She also noted that the information related to the acquisition and conveyance of
the property allows the City to transfer property to HRA. There will be a quit
claim deed completed from City to the HRA. The I--IRA then transfers the deed to
the developer. The developer will pay $549,000 for the land. The land purchase
is five acres at $.95 cents per square foot with the remaining 3.65 acres at $2.15
per square foot. The internal loan is at 4%. Koropchak stated that approved
construction plans have not yet been provided. Koropchak also stated that there
will not be a mortgage, the sale will be made in cash and conveyed no later than
September 2nd. Koropchak stated that the HRA agreed to pay the state deed tax,
estimated to be $1812. I n addition to the land cost, the buyer will pay $37,914 in
trunk fees for the extra 3.65 acres.
.
Koropchak stated that general grading is to be included in the cost. Koropchak
indicated that the dilemma was the stock pile, and that the lIRA docs not have a
clear estimate for general grading. Koropchak noted that in the last conversation
with the buyer, they are not agreeable to moving the stockpile early at their cost.
Koropchak stated that a solution offered to the buyer would be that the City wOlLld
move the stockpile and the developer would do their own grading. The developer
could also use the extra sand from on-site ponding. Koropchak stated that WSB
seems to think that is reasonable. Koropchak stated that Bubul will make the
adjustments to the contract as noted. Andrews asked if the dirt in the stockpile
3
HRA Minutes 8/16/2005
.
has value. Koropchak thought it would be spread back over the site. WSB stated
that general grading is estimated at about $20,000, so with the use of the sand, the
resolution seems fair.
Wolfsteller stated that when the stockpile was put there, it wasn't expected that
City would sell that immediately, as a prime lot. The City was also not aware of
Dahlheimer's desire for that particular lot in May.
Koropchak reported that the stockpile would be gone in November, toward the
completion of the improvement projects.
Andrews asked what happens if we don't move the stockpile. Wolfsteller
commented that the current proposed resolution seems reasonable. Koropchak
reported that Simola had asked if it could be spread across the site. It was statcd
that the road was not to a point that it could be.
Fair agreed with the proposed resolution.
Koropchak stated that the fair market value for 8.6 acres is $998,000+- with a
valuc of $2.65 per square foot. She noted that this number is relevant in terms of
the reimbursement purposes.
.
Koropchak outlined the need to create jobs and wages within the district and the
requirements f()f reporting. Koropchak indicated that Dahlheimers have asked for
the written report to commence February 2007.
I n discussion of the construction of minimum improvements required by May I,
2007, Koropchak stated that the liRA understood they needed to be done by
December 3 pI 01'2005.
Koropchak stated that the buyers will see the contract changes tomorrow. Lahr
clarified that the HRA will be approving the contract with changes at the August
29tl1 meeting. Koropchak confirmed. fair asked if the contract would be
available for signature on the 29th. Koropchak stated that on August 22nd, the
Council will hold the public hearing on the TIF plan and approve the plan The
City Council will also consider the Business Subsidy Agreement and approve
subject to the lIRA approving the contract. Fair asked when the title transfer
would take place. Koropchak stated it would depend on when the buyer can meet
the terms of the contract. The license agreemcnt would come later.
6. Consideration to discuss first draft of the Contract for Private Redevelopment
between the HRA and Master's 5th Avenue.
.
Koropchak reviewed her report, stating that the HRA had until September ill to
develop the private development contract. Lahr and Koropchak had discussed
that the HRA should provide some direction for Bubul in terms of writing the
4
liRA Minutes 8/16/2005
.
contract. Koropchak reported that Fluth had given approval to hire LHB as the
inspector and the inspection took place on Monday. Brad Johnson, representative
fl)f Master Fifth A venue, reported that the actual inspection took 3 hours for the 3
houses. Koropchak stated that the paperwork for the inspections would be
available for review on September ill. Johnson stated that he had checked with
other cities, there aren't many inspectors that qualify, and he noted that it is
important to complete the right way for future liability.
Koropchak stated that the redevelopment district is for 25 years, and at a value of
$91 per square foot at a 6.5% interest rate, it is estimated that $172,000 would be
generated in 'f'IF at the present net value. Koropchak stated that the previous but-
for numbers are different from what was provided with this HRA packet.
Koropchak stated that Bubul has some concerns with leaving three parcels in the
district, particularly if the developer is planning to move the home. Bubul' s
concern is that if the house is declared substandard and using TIF, why would the
developer be allowed to move it to another location within the City. Instead,
Koropchak reported that 8ubul is suggesting the use of only two parcels. Johnson
stated that without the report, it is hard to tell what should be included. Johnson
commented that the home doesn't fit the zoning for the CCl).
.
Johnson explained that the house would be brought up to code when placed on
another site. Lahr inquired whether if the home is brought up to code, is it really
a problem. Mayer stated that the Council is going to ask the question related to
substandard housing being moved to another location. Koropchak indicated that
the TIF involvement in terms of the substandard test and coverage testmay make
it more simple to eliminate that parcel from the district. Johnson asked why then
are they paying for the report. Koropehak stated that the inspection will answer
the substandard questions needed to resolve the issue. Koropehak reported that
both the inspector and Bubul had stated that it is much more difficult to qualify a
residential versus commercial property.
Johnson stated that the people living in the subject home plan to purchase it based
on the move. Koropchak stated that thcre should be enough eligible costs to take
that parcel out. Koropchak also noted that the developer cannot move it until the
inspection is done.
.
I,ahr questioned why the Council would raise the relocation issue. Mayer stated
that it will get raised at the Council level due to '1'1 F assistance. Fair noted that it
will have to meet building codes and zoning codes in order to get occupancy.
Johnson stated that in the next four weeks, they will be negotiating a development
agreement with the HRA. Johnson stated that he wanted to make the HRA aware
of some of those discussions as the redevelopment agreement is basis for the
project. Johnson referred to the new but-for analysis. Johnson indicated that
theoretically, it is how the original discussion on funding was based. Using the
Ehlers format, a return on equity with a $300,000 current value, would be at
5
BRA Minutes 8/16/2005
.
12.25%. Johnson pointed out that Barry Fluth already has $450,000 into the deal.
Johnson explained that as the HRA has not had to acquire any house or property,
the developer is taking all the risk. Johnson statcd that one of the biggest
problems on the site is the Koppy garage. In order to improve the parking and
circulation, they would like to movc it and have indications that Koppy would
now like to sell. Lahr asked if the liRA hadn't paid to do that once. Johnson
responded that the HRA paid to get parking lot there today. Johnson statcd if
Fluth buys it, he has to guarantee Koppy storage somewhere fcn two years.
Andrews asked how much for the garagc. Johnson answered that it would be
about $15,000, and inquired if the HRA cover the cost of the purchase. Johnson
pointcd out that if another person buys the garagc from Koppy, they havc no
inccntive to movc it.
Koropchak reportcd that when the HRA did the contract for phase onc, the
developer was provided $185,000 in pay-as-you go TIF assistance, with an
additional up-front amount of $75,000 for ofT-site improvements. This was to
include ofT-site parking on the five parcels to the east, including the Koppy parcel.
The agreement specifically included $45,000 for sitc improvements on the Koppy,
Hammond, and Paulson parcels. Koropchak reported the assumption was that
with that contribution, the garage was supposed to be moved at that time.
Johnson notcd that $15,000 was to be applied to each of those three parcels, but it
did not specifically refer to the garage.
.
Lahr asked about improvements being madc to the site, Johnson replied that they
would bc completing the re-paving, electrical, curb, etc. They have also
completed cross-casements for parking. Johnson stated that the whole parking
area is public. Koropchak indicated that Bubul recommended that the HRA make
a finding for public purpose in eliminating the garage. Andrews noted thc garage
removal is was an opportunity to rid blight and deal with a problem. Johnson
statcd that HRA would only commit to what is actually spent.
Fair recommcnded setting a cap, with the developer responsible for the balance.
Fair statcd that the HRA paying rent for storage space wouldn't qualify as public
purpose. Koropchak reminded the I-JRA that funding would need to be up-front
dollars. Koropchak recommended not including the rent. Lahr recommendcd a
cap of $20,000.
Maycr stated that thc $3,600 in proposed rent shouldn't be part of the price the
HRA pays.
MOTION BY COMMISSIONER ANDREWS TO AUTHORIZE UP TO $20,000
FOR TIlE REIMBURSEMENT OF COSTS ASSOCIATED WITH "filE
PURCHASE, REI.A TED IMPROVEMENTS AND REMOVAL OF THE
KOPPY GARAGE.
.
6
BRA Minutes 8/16/2005
.
MOTION SECONDED BY COMMISSIONER BARGER. MOTION CARRIED
UNANIMOUSLY.
Koropehak also asked the BRA to provide guidance in the pay-as-you go amount.
Johnson stated that the financial advisor will say that the amount requested wil1
reflect a fair return on equity, stating that the risk should be related to the return.
Johnson stated that with no TIF assistance, this project would produce a 3.4%
return on equity. With $200,000 of assistance, it would be at 9.1 %. Johnson
commented on the project's unplanned expenses, made to make the site more
efficient. These include moving the trash enclosure, the LHB inspection fee, a
large expense for the relocation of the Xcel uti lity pole. Johnson reported the
total for those items to be about $100,000 in extra expenditures.
.
Lahr stated that in comparing the numbers, the one that stands out is the
contingency. Johnson stated that number is high due to previous experience of
working in this community. Johnson stated that they are trying to get to a number
that Ehlers will agree is a reasonable return on equity. Koropchak stated that $91
per square foot is high. Koropchak commented on the pay-as-you-go method of
assistance. She noted that on the cash-flow projections, Ehlers uses 6,5110 over 25
years, and a $172,823 in net present value. With that model, Koropchak stated
that the TIF assistance shouldn't be greater then $175,000. If the developer is
asking for more, it has to come from another district. Wolfsteller stated that what
is collected is what the developer actually gets in pay-as-you-go, the amount in
the contract is the maximum amount that could be received. . Andrews stated to
keep in mind the $170,000, less the garage. Johnson stated that taxes in
Monticello are very low because of the assessed valuation of commercial
properties. Johnson stated that the contract needs to be done on the ih.
THE HRA DIRECTED TI IE ATTORN BY TO PREP ARE THE CONTRACT TO
PROVIDE $170,000 AND FUND THE GARAGE SEPARATELY AT $20,000
UP-FRONT.
Johnson stated that the note's value wil1 be based upon the assessed valuation and
the interest rate. lIe explained that vacancies will also affect their rate of return.
Fair reminded the HRA of the goals for redevelopment versus making money.
Koropchak noted that the developer also needs to go back to DA T and the
Planning Commission.
7. Consideration to discuss a re<..luest for redevelopment assistance for purchase and
demolition of a gara~e located within TIF District 1-32.
As discussed in item 6 above.
.
7
HRA Minutes 8/16/2005
.
8. Consideration to adopt a resolution authorizing execution of a Tax Increment
Pledge Agreement with the City of Monticello relating to $25.150.000 G.O.
Bonds, Series 2005A.
Koropchak stated that the resolution authorizes an execution of an agreement
pledging the tax increment to the bond issue. The balance of the bond will be
paid by tax levy.
MOTION BY COMMISSIONER ANDREWS TO ADOPT A RESOLUTION
AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE
AGREEMENT WITII THE CITY OF MOTNICELLO RELATING TO
$25,150,000 G.O. RONDS, SERIES 2005A.
MOTION SECONDED BY COMMISSIONER LAHR. MOTTON CARRIED
UNANIMOUSLY.
9. Consideration to discuss a request for renovationlrenewal assistance for
improvements to a commercial building located within TIP District No. 1-6
(Raindance Properties).
.
Koropchak stated that the new owner of Maus Foods is planning to major
upgrades to compete with new and developing big box retailers. Koropchak
stated that she had checked with Bubul who indicated that non-restricted funds
could be used, should the HRA choose to act. In that case, Bubul had suggested
only a low-interest loan. As of December 2005, the HRA has $172,000 in district
1-6. The district docs not decertify until 20] 3, although the }-IRA may need to
look at the plan to see if needs to be modified.
L,ahr agreed that if anything was offered, it should only be the loan. Mayer asked
if as of the end of 2006, the district would decertify if nothing else was offered.
Koropchak stated that statutes allow the district to run its course if the liRA has a
plan to spend the money and to generate TIF. Lahr stated that as the district is
non-restrictive, that the HRA can use that money elsewhere.
Fair asked if the new owners are talking about renovation and renewal or keeping
the business as a grocery. Koropchak confirmed the latter was accurate. Mayer
asked if they would be completing an expansion. Koropchak stated it would just
be an exterior/interior improvements.
Barger stated that providing funding would set a precedent. Other I IRA
Commissioners concurred. Koropchak noted that the building, in this case, does
generate increment. Lahr noted there may be higher and better llses for the
funding within the community.
.
The HRA di rected Koropchak to indicate to the property owners that there was no
interest in assistance at this time.
8
lIRA Minutes 8/16/2005
.
10. Consideration to authorize payment of I IRA bills.
Koropehak noted that the County is now charging to certify districts. That cost
will be passed along to applicants.
MOTION BY COMMISSIONER ANDREWS TO AUTHORIZE PAYMENT OF
ERA BILLS.
MOTION SECONDED BY COMMISSIONER FAIR. MOTION CARRIED
UNANIMOUSL Y.
II. Consideration of the Executive Director's Report.
Koropchak noted that she responded to a 300,000 square foot manufacturing user
interested in the business park.
Fair asked if the property owners or developers of the property near the Post
Office distribution center have come back to the City with a light manufacturing
plan. Koropchak stated that they are probably waiting for ih street extension.
.
Koropchak reviewed fund balance information fC)f district 1-5 and 1-6, noting that
Ehlers has stated that need to get plans in place in order not to lose funding. Lahr
recommended putting it on a future agenda.
12. Committee Reports:
Marketing
Koropchak indicated that the business park's website had received about 400 hits
to the site, increasing after billboard went up.
CB Richard Ellis called and asked about commission rates for business park land.
Koropchak stated that it would be beneficial for the HRA to determine a
percentage up front. The lIRA Commissioners discussed a 5-10% commission
based on the fair market value.
Fiber Optics
.
Andrews reported that task force will be holding their last official meeting
tomorrow, and taking an official report and recommendation back to Council on
the August 22"d. The recommendation will be most likely to move ahead with the
feasibility study, and to continue the task ll)fee to work in conjunction with the
study.
9
HRA Minutes 8/16/2005
.
13. Other Business
A. License agreement -
Koropchak reported that the Dahlheimers have requested access to the property
before establishment of the TIF district and official land sale. They would like a
right of entry to do grading on site. The issue ofthc stockpile seems to prohibit
this at the current time.
Koropchakinformed the Dahlheimer's representatives that the City would not let
them proceed without approved grading plans.
MOTION BY COMMISSIONER FAIR TO DENY THE REQUEST TO ENTER
IN'fO A LICENSE AGREEMENT UNTIL GRADING AND STOCKPILE
ISSUES ARE RESOLVED.
MOTION SECONDED BY COMMISSIONER ANDREWS. MOTION
CARRIED UNANIMOUSLY.
The HRA held another brief discussion regarding site grading within the business
park and the stockpile on the proposed Dahlheimer site.
.
Lahr inquired about grading for other lots. Koropchak stated that preliminary
estimates were for $2,500 an acre. WolfstelIer commented that the stockpile
would be moved on the November 1 st date, this is in contrast to moving it to meet
the buyer's timeframe.
The HRA recommended waiting until the land purchase is complete and the
agreement is signed to move the stockpile.
Mayer concurred.
14. Adjournment
MOTION BY COMMISSIONER BARGER TO ADJOURN AT 7:45 PM.
MOTION SECONDED B COMMISSIONER ANDREWS. MOTION
CARRIED.
------
.
10