EDA Minutes 01-16-2008 (Special Meeting)MINUTES — SPECIAL MEETING
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Wednesday, January 16th, 2008
6:00 PM
1. Call to order.
President Demeules called the meeting to order at 6:00 PM.
2. Administer Oath of Office.
President Demeules directed Economic Development Director Koropchak to administer the
oath of office to the Commissioner Mayer. Commissioner Mayer recited the oath of office.
The Secretary is to file a copy of the oaths of office in the permanent records of the EDA.
3. Roll Call.
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On roll call, the following Commissioners were present:
President Bill Demeules
Vice President Dan Frie
Treasurer Bill Tapper
Commissioner Wayne Mayer
Commissioner Bob Viering
Commissioner Bill Fair
Commissioner Clint Herbst
Also present were Executive Director 011ie Koropchak and Secretary Angela Schumann
and Assistant Treasurer Tom Kelly.
Koropchak introduced EDA Attorney Steve Bubul and Todd Hagen, a representative
from the EDA's financial consultant Ehlers and Associates.
of
7 of Monticello ED.
Commissioner Fair moved to approve the Transcript of Proceeding: Organizational meeting
of the reconstituted City of Monticello EDA, December 18th, 2007. Motion seconded by
Commissioner Viering. Motion carried, 6-0, with Commissioner Mayer abstaining.
5. Approval of the EDA bills and communications.
Koropchak explained that the report on the item details a structure for payment of EDA
bills as suggested by the City's Finance Department. The procedure requires that the
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Executive Director code the invoices, which will then come before the EDA for approval.
After that step, the bills will go on to City Council for approval. Thereafter the Finance
Department will disperse checks for the invoices.
Koropchak noted that the bills presented for payment had been separated into two
categories. The first sets of invoices related to the HRA's authorized demolition of the
Cedar Garden Center. Koropchak stated that her recommendation is for approval of
those invoices.
Commissioner Fair inquired whether City staff had capped the services at the Cedar
Street Garden Center. Koropchak stated that City staff had verified services present and
went out for bid on the project, which included capping of services. The invoices
represent lowest bid for the project
COMMISSIONER TAPPER MOTIONED TO APPROVE THE EDA BILLS AS
PRESENTED.
MOTION SECONDED BY COMMISSIONER FAIR. MOTION CARRIED, 7-0.
Koropchak stated that the second set of bills was related to the consolidation of the HRA
and EDA, which had been directed by the City Council. Koropchak indicated that her
recommendation is to approve the bills and request that the City Council transfer funds
for payment, as these expenditures were not authorized by either the HRA or EDA.
Fair clarified that there are two bills for which this authorization would apply.
Koropchak confirmed that there are two invoices, which represent attorney fees from
attorney Kennedy and Graven for consolidation efforts.
Mayer requested further clarification on the amounts of the invoices. Koropchak stated
that the invoices are in the amount of $264.00 and $4,121.58.
COMMISSIONER FAIR MOTIONED TO APPROVE BILLS AND REQUEST THE
CITY COUNCIL TRANSFER FUNDS FOR PAYMENT AS RELATED TO THE
INVOICES FOR EDA AND HRA CONSOLIDATION.
MOTION SECONDED BY COMMISSIONER TAPPER. MOTION CARRIED, 7-0.
Koropchak noted that she had received an invoice from the Monticello Times for the
publication of the EDA public hearing notice dealing with the consolidation. Mayer
recommended that the invoice be added to authorization made in the previous motion.
COMMISSIONER MAYER MOTIONED TO APPROVE THE BILLS AND REQUEST
THAT THE CITY COUNCIL TRANSFER FUNDS FOR PAYMENT.
MOTION SECONDED BY COMMISSIONER TAPPER. MOTION CARRIED, 7-0.
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Commissioner Tapper asked who originally authorized expenditures. Koropchak
explained that the consolidation had been originated by the City Council.
Tapper inquired as to why the invoices come before the EDA for approval, as the
invoices were most likely generated prior to the new organization. Mayer stated that
these are all interim bills required as the organization was in transition.
6. Report of the Executive Director.
Koropchak presented her report for review and questions.
Koropchak commented that the Industrial Development Committee is working with the
City Attorney and Administrator to complete a resolution and agreement of
understanding, which would recognize the IDC as an organization receiving City support.
That resolution will be presented for the IDC's review at their February meeting.
Viering asked for clarification on the roles of the IDC versus EDA. Koropchak stated
that the draft agreement states that the IDC will advise and assist the Council and EDA.
Koropchak stated that the EDA has the financial tools for economic development and
redevelopment. The IDC is more focused on industrial development and the creation of
living wage jobs in Monticello.
Fair asked what the IDC's resolution process is intended to accomplish. Mayer
responded that as the City allocates staff and resources, a resolution formalizes their path
of input to the City.
Viering asked if there is overlap in responsibilities between the two organizations. Mayer
stated that the IDC will come to the EDA with their input and advisement. Koropchak
stated that their role to support industrial growth and development will continue.
In further reviewing her report, Koropchak stated that the pervious EDA had approved a
loan for an expansion project to the Washburn Computer Group building. The loan was
approved subject to bank and plan approvals. Koropchak stated that the preparation of
the loan documents was not authorized. Koropchak stated that the loan approval will
become null and void on Feb 8th. She reported that the owner of Washburn Computer
Group led her to believe that the loan would not be requested for extension.
Koropchak also noted that the Planning Commission recommended approval of the
extension of Conditional Use Permit for the Landmark Square II project. That project
had received approval for TIF.
Koropchak provided information on the fee structure for Ehlers & Associates' services.
Koropchak also presented overview on the 2007 EDA cashflow projections, which were
estimated to include a cash balance of $435,213.06. She indicated that the EDA will be
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provided with detailed reports of EDA loan and grant programs at the annual meeting in
April.
7. Report of committees: Marketing continuing education and fiber optics
Marketing
Commissioner Frie noted that the Marketing Committee had met to discuss the use of
marketing budget, which had previously been approved. Discussion concluded with one
commitment to place an ad in the Wright County Partnership journal. The committee
also discussed better use of the website and other opportunities.
Frie stated that the Commission discussed the use of realtors and MLS services. Frie
commented that while there isn't necessarily a comparable industrial listing service for
industrial real estate, there is one for commercial real estate. The Marketing committee
discussed the merits of listing with those types of sites. Frie stated that it would need
more research.
Fair asked if anyone has a good idea of what commercial agents are using to site
locations. Viering confirmed that in his experience, the first research is done online.
Koropchak noted that she had included information on the city of Cambridge's economic
development marketing materials. Those materials reference an agent commission. The
Marketing Committee wanted feedback on whether that should be offered, and if so, at
what percentage.
Herbst stated if that if a commission is offered, they must set criteria for what is proposed
to be located in the City. Demeules stated that the commission would be set primarily for
industrial park, which already has criteria in place.
Herbst asked what happens for those who don't meet criteria. Fair clarified that those
who don't meet the criteria are able to purchase property at the market price. In any case,
the buyer must still meet all zoning and covenant standards.
Frie suggested bringing in a commercial agent to provide more information on these
topics. Fair asked that it be put on the agenda for a future meeting.
Koropchak stated that it will be important to go over the set criteria so that everyone
understands what is in place and to confirm that this EDA wants to keep that set of
criteria in place.
Mayer stated that the Marketing Committee should also emphasize the direct -to -site fiber
capacity.
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Fiber Optics
Commissioner Mayer reported that the Fiber Optics Task Force is in the process of
reviewing engineering proposals. Eight proposals were received from well respected
firms. The group is evaluating the proposals on a points basis and will select the top two
to three candidates for interview in Monticello.
8. Unfinished Business.
NONE.
9. New Business:
a. Consideration to adopt a Resolution awarding the Sale of Public Project
Revenue Refunding Bonds, Series 2008 (City of Monticello, Minnesota Lease
Obligation.)
Ehlers & Associates representative Todd Hagen stated that the City Council
supported the EDA in the action to proceed with the proposed refinancing of the
bond issue for Community Center building. The original bond was issued in
2000.
Hagen stated that bids for the refinance were taken until 11:00 AM that dat. The
bids were based on an official statement about the financial status of the City.
That statement was provided to the EDA for review. Hagen reported that they
had worked with Moody's previously to have the bonds rated. The EDA has a
rating of A3, and the City has an A2 rating. A rating report, explaining Moody's
logic was also provided for the EDA's reference.
Hagen discussed the bid results and tabulations. He stated that they had received
four bids from six underwriters. He reported that the Banc of America had
provided the best bid. He stated that the Banc of America holds bonds as
privately placed. In summary, they do not offer the bonds to the public, which is
what allowed them to provide the best rate and bid.
Hagen noted that because the bonds are not publicly offered, Banc of America
does not require a trustee and savings funds. As such, Ehlers will work with
Kennedy and Graven to rework the documents to these circumstances. As a
result, the cost of issuance goes up slightly.
Hagen stated that in short, the Banc of America bid offers a much more
streamlined process. They don't require payment of an agent fee and they didn't
take any fee upfront.
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Hagen indicated that Ehlers had initially forecasted that the refinancing would
represent a future savings value of $179,375. Based on the Banc of America bid,
that savings is now$287,760, within the same period of time. The bond is now set
at a rate of 3.2% versus 6.2%.
If the bid is accepted by the EDA, the closing would be on February 20th. The
resolution before the EDA authorizes the acceptance of the proposal. Once the
bond sale documents are revised to meet the Banc of America terms, they will
come back to the EDA for approval.
COMMISSIONER HERBST MOTIONED TO AUHTORIZE ACCEPTANCE
OF THE PROPOSAL FOR THE SALE OF PUBLIC PROJECT REVENUE
REFUNDING BONDS, SERIES 2008A (City of Monticello, Minnesota Lease
Obligation)/
MOTION SECONDED BY COMMISSIONER VIERING.
In discussion, Mayer asked if the previous motion should include the bank to
which the sale is awarded. Hagen confirmed.
MOTION BY COMMISSIONER FAIR TO AMEND TO MOTION TO
AWARD SALE OF PUBLIC PROJECT REVENUE REFUNDING BONDS,
SERIES 2008A (City of Monticello, Minnesota Lease Obligation) TO BANC OF
AMERICA.
MOTION AS AMENDED SECONDED BY COMMISSIONER MAYER.
MOTION CARRIED, 7-0.
Koropchak noted that the resolution will move forward to the Council on January
28th
Koropchak requested that the Commissioners set a date for approval of the
revised bond sale documents. A date and time of January 30th, 4:45 PM.
COMMISSIONER HERBST MOTIONED TO SET AN EDA SPECIAL
MEETING OF JANUARY 30th AT 4:45 PM FOR THE PURPOSE OF
APPROVAL OF BOND SALE DOCUMENTS FOR PUBLIC PROJECT
REVENUE REFUNDING BONDS, SERIES 2008A (City of Monticello,
Minnesota Lease Obligation).
MOTION SECONDED BY COMMISSIONER TAPPER. MOTION CARRIED,
7-0.
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b. Certificate of Completion for WRE Properties, LLC
Koropchak reported that the.HRA entered into a development contract with WRE
Properties, Walker In -Store for the purchase and development of land within Otter
Creek Business Park.
As part of that contract, the developer is required to put down deposit for the
administration costs of preparing the TIF district and related materials.
When the Certificate of Completion is issued, expenses are reconciled against the
deposit. The initial deposit is based on estimated costs to set up the district, at
$10,000. However, for this project, the Finance Department reports expenses at a
total of $16, 010.15. Walker In -Store will be asked to pay the difference.
Koropchak also explained that the Certificate of Completion is recorded at the
County.
Viering asked how this amount compares to other projects. Koropchak stated that
for the newer TIF districts, the administrative costs for setting up the districts
have averaged been about $5000 more than the $10,000 deposit. She noted that
raising the deposit amount in the contract will be something that the EDA will
want to consider.
Fair noted that with some history of preparing parcels for development, the EDA
can be more prepared to make a determination of what they want the fee to be.
Tapper stated that as a business owner, the overage is very frustrating and
unexpected. He suggested that the EDA would be doing people a disservice to
keep the deposit amount so low, if it is not representative of actual costs. Viering
stated that he would agree.
Koropchak noted that a review of development contract language was listed for
the next meeting. Mayer asked that Koropchak also provide some history on
these items for the EDA's reference.
COMMISSIONER FAIR MOTIONED TO APPROVE THE CERTIFICATE OF
COMPLETION FOR WRE PROPERTIES, LLC NOTIFYING THE
DEVELOPER OF THE $6,010.15 ADMINISTRATIVE COST SHORTFALL.
MOTION SECONDED BY COMMISSIONER TAPPER. MOTION CARRIED,
7-0.
c. Consideration to Review Bids for Demolition of Structures at Cedar Street
Garden Center, City Project No. 2007-20C, and Consideration to Award
Contract for Demolition Work.
Koropchak explained that the EDA is asked to consider authorizing award for the
demolition for the Cedar Street Garden Center to the lowest bidder, in the amount
of $12,700.
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The bids were also received and review by the City Council. The Council had
tabled action to allow time to check references on the low bidder and their
experience with asbestos abatement and tank removal. Koropchak reported that
City Engineer Westby had reported that he believed the contractor to be
acceptable. The low bidder had also received a favorable financial
recommendation. Westby had communicated that the bid amount does not
include costs for payment for performance bond. However, with cost for
performance bond, this still represents the lowest bid.
Koropchak stated that Westby is recommending that the EDA option for the joint
project rather than separate, since they were bid together. However, the EDA will
only pay for Cedar Street portion of the demolition.
Herbst stated that according to the information provided, if the contractor pulls
tank, the seller is liable for it. Koropchak stated that she had spoken with the
previous property owner on this issue and will follow up with a written letter. She
stated that at this time, the City doesn't know the outcome of tank removal. Fair
noted that in purchase agreement, there is a clause that says there was no
underground tank. However, after purchase, it was discovered that there was.
Koropchak stated that when the HRA took possession, it passed a resolution to
cover removal costs up to $500. Herbst asked if the $500 is tied to removal and
abatement. Koropchak stated that it is tied to removal.
Mayer inquired about the identification of tank contents. Frie stated that he
believed it was fuel oil. Fair stated that the contractor won't know until they get
into the job.
Viering asked if there was a staff estimate before bids. Koropchak responded that
there was not. Viering asked when the project would start and how long it would
take to complete. Koropchak stated that the City needs to act on bids by February
10th, and the project is expected to be completed within a few months.
Tapper inquired if it is normal to have such a large difference in bids. Herbst
stated that was a concern of the Council, and a reason for tabling to check
references.
COMMISSIONER FAIR MOTIONED TO AWARD THE JOINT PROJECT TO
FITZGERALD EXCAVATING OF GOODHUE, MINNESTOA, BASED UPON
THE LOW PROPOSAL OF $25,500, CONTINGENT UPON APPROVAL BY
THE CITY COUNCIL ON JANUARY 28TH, 2008 AN ITEMIZATION OF
TANK REMOVAL.
MOTION SECONDED BY COMMISSIONER HERBST. MOTION CARRIED,
7-0.
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10. Adjournment
COMMISSIONER TAPPER MOTIONED TO ADJOURN.
MOTION SECONDED BY COMMISSIONER VIERING. MOTION CARRIED, 7-0.
President
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