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HRA Agenda 11-09-1998 . . . AGENDA MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Monday, November 9,1998 - 6:00 p.m. City Hall MEMBERS: Chair Steve Andrews, Vice President Bob Murray, Brad Barger, Darrin Lahr, and Dan Frie. STAFF: Treasurer Rick Wolfsteller, Executive Director Ollie Koropchak, and Recording Secretary Nancy Whalen. COUNCIL LIAISON: Brian Stumpf. CONSULTANTS: Rusty Fifield and Mark Ruff, Ehlers & Associates Steve Bubul and Dan Greensweig, Kennedy & Graven 1. Call to Order. 2. Consideration to approve the October 14, 1998 HRA minutes. 3. Consideration of adding agenda items. 4. Consideration to adopt a resolution awarding the sale of $7,425,000 Public Project Revenue Bonds, Series 1998. 5. Consideration to accept or deny a counter-offer for purchase of the property located at 218 Front Street. 6. Consideration to hear a concept plan for redevelopment ofthe North Anchor area. 7. Consideration to authorize payment of monthly HRA bills. 8. Consideration of executive director's report. 9. Other Business. 10. Adjournment. . . . MINUTES MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY WEDNESDAY, OCTOBER 14, 1998 - 7:00 P.M. Members Present: Chair Steve Andrews, Vice Chair Bob Murray, Brad Barger, Dan Frie, and Darrin Lahr. Council Liaison: Brian Stumpf Staff Present: Rick Wolfsteller and Executive Director Ollie Koropchak. Guest: Mayor Bill Fair 1. Call to order. Chair Steve Andrews called the meeting to order at 7:00 p.m. 2. Consideration to approve the September 23, 1998, Special HRA minutes. A MOTION WAS MADE BY BRAD BARGER AND SECONDED BY BOB MURRA Y TO APPROVE THE MINUTES, AS WRITTEN, OF THE SPECIAL HRA MEETING OF SEPTEMBER 23, 1998. Motion carried unanimously. "" J. Consideration of adding items to the agenda. No agenda items added. 4. Consent agenda. A. Consideration to approve a Subordination Agreement between the HRA and Firstar Bank of Minnesota. B. Consideration to ratify execution of the Partial Release of Purchase And Development Contract and to authorize execution of the Consent to Easement. A MOTION WAS MADE BY DARRIN LAHR AND SECONDED BY DAN FRIE TO ACCEPT THE CONSENT AGENDA. Voting in favor: Steve Andrews, Bob Murray, Darrin Lahr and Dan Frie. Abstaining, Brad Barger. Motion carried. 5. Consideration of items removed from the consent agenda for discussion. None -1- . . . HRA Minutes - 10/14/98 6. Consideration to adopt a resolution calling for the sale of the Revenue Bonds. Ollie Koropchak, Executive Director, introduced Mark Ruff, Ehlers & Associates, to cover this agenda item. Mr. Ruff explained that the additional $10,000 added to the original request is the result of revised cost estimates of the bond issuance. The HRA Lease Revenue Bonds are generally issued at a slightly lower rate than current G.O. rates. Brad Barger asked how the Monticello Citizens Group's audit request could affect the sale of the bonds. Mr. Ruff stated that hopefully the audit will be completed before the bond sale. Construction bids are scheduled to be opened on October 29, 1998. Rusty Fifield & Mark Ruff will attend the City Council Meeting on November 2, 1998. At that meeting, the City Council will take action on the bids for the construction of Community Center. Mr. Ruff suggested that the HRA also attend the November 2 City Council meeting. The HRA must decide whether or not to proceed with the bond sale if the audit has not been completed. Mr. Ruff stated that the state auditor has no enforcement power; however, someone could bring action against the City. If legal action is pending, it could mean the bonds would not have a tax-exempt status. Mr. Ruff explained that the ripple effect of the audit could be tremendous. Chair Andrews asked when the City might expect an answer from the auditor. Mr. Ruff stated the auditor knows that the bids for the Community Center will be opened on October 29, 1998. Also, that the sale of the bonds will be November 9, 1998. Mr. Ruff stated the bidders on the bonds typically make their decision the day before the sale of the bonds. The first meeting with the auditors will be on Tuesday, October 20, 1998, and it is unknown, at this time, what the audit agenda will be. Members of the City staff, state auditor's office and the citizen's group will be present at the first meeting. Also, it was stated that the petition for the audit will be a disclosure item on the sale of the bonds. The date of the sale of the bonds stands. Mr. Ruff stated that it is possible that someone could request a lawsuit to stop the sale of the bonds. They would, however, have to post a bond to cover possible financial damages the City would incur with the delay in issuing the bonds. If the bids received are acceptable, the HRA can sell the bonds before the state auditor's report is completed. However, Mr. Ruff stated the HRA might want to make their decision as to whether or not to proceed with the sale of the bonds before the November 9 HRA meeting. If the Council were to decide not to award the contract, then the HRA would recommend not to proceed with the sale of the bonds. -2~ . . . HRA Minutes - 10/14/98 Mayor Bill Fair stated that on November 2, the City Council will accept the bids and decide whether to award the contract. Brad Barger asked if the bids came in low, would the bond sale in turn be less. Mr. Ruff stated that there are many add-on items and the City would possibly add from this list. Mr. Barger also thought the original estimate for the HRA bond sale was $6,500,000 with a project cap at $9.4 million. At that time, the small group had requested that the cost be reduced $500,000. The question was asked as to why the City Hall square footage increased as well as the cost. Darrin Lahr inquired about the HRA' s bond rating. Mr. Ruff stated that the City has a lot of overlapping debt; school, hospital and water treatment plant. This overlapping debt affects the bond rating. Mr. Lahr voiced concern the overlapping could possibly affect future bond sales. Mr. Ruff stated those bond ratings do affect the interest the City pays. Mr. Ruff, also, stated that the rating agencies do not like rapid growth. They feel that too fast a growth puts a burden on the City's services. Their rating will also look at what's happening with the NSP Nuclear Plant. There could possibly be different ratings for each bond issue. Executive Director, Ollie Koropchak, stated that the HRA would have to call a special meeting for November 2, 1998, if more than two members were going to be present. A MOTION WAS MADE BY BOB MURRAY AND SECONDED BY DAN FRIE TO APPROVE THE RESOLUTION PROVIDING FOR THE SALE OF $6,960,000 PUBLIC PROJECT REVENUE BONDS, SERIES 1998. Motion carried unanimously. A special HRA meeting was set for November 9, 1998, at 6:00 p.m. to award the sale of the bonds. Additionally, the HRA agreed to call a special HRA meeting of November 2, 1998, at 5 :00 p.m. in order to be present at the Council meeting for consideration to award the construction bids for the community center as recommended by Mark Ruff. 7. Consideration of a response to the HRA offer for the property located at 218 Front Street and authorization thereafter. Executive Director Ollie Koropchak stated that a letter had been mailed to Ms. Otten on September 8, 1998, at the HRA direction, offering a purchase price in the amount of $81,000 with a three-year option at a non-refundable annual fee of$I,OOO, the sum of which would not be applied to the purchase price. The purchase price would increase 4% annually at the anniversary date of the option agreement. -3- HRA Minutes - 10/14/98 . Deb Otten spoke on behalf of her brother, who owns the property, stating that she thought the offer of $81 ,000 for the home was too low. She asked the HRA to consider $86,000 and the HRA purchase the property by January 1, 1999. The home is currently being rented on a month-to-month lease and she will let the renters know the HRA's decision. Bob Murray asked if the HRA were to give reasonable notice would they still have to pay relocation costs. Ollie Koropchak stated that if the HRA has rental property, they have to notify the owners/tenants regarding relocation benefits. Steve Andrews asked whether or not the HRA would have to pay relocation costs if the owner terminated the lease agreement. Executive Director Ollie Koropchak will check with the City Attorney regarding relocation costs. Dan Frie inquired as to whether or not the house has ever been on the market and Ms. Otten stated that it has not. However, an investor has expressed an interest in the property. Brad Barger asked whether or not Ms. Otten would consider a contract for deed. She stated that there are too many headaches with renters. The option was a good thing, but the money is eaten up by insurance, taxes and upkeep. Dan Frie asked if the HRA put more money upfront whether that would help defray these costs. . Again, Ms. Otten asked for a purchase price of$86,000. Darrin Lahr stated that if Ms. Otten received a purchase price of $81,000 with an increase of 4% annually, the purchase price would go up approximately $3,500 the first year. Mr. Frie suggested an amount of $3,000 upfront and then no further upfront monies. A MOTION WAS MADE BY DAN FRIE AND SECONDED BY DARRIN LAHR TO INCREASE THE BASE PRICE TO $84,000 WITH A ONE TIME UPFRONT FEE OF $3,000. Bob Murray suggested that the HRA increase the annual option payment to $2,000 of which $1,000 would be non-refundable and $1,000 would be applied to the purchase price. DARRIN LAHR AMENDED THE MOTION OF DAN FRIE TO INCLUDE A PURCHASE PRICE OF $81,000 WITH AN INCREASE ANNUAL OPTION PAYMENT OF $2,000 OF WHICH $1,000 WOULD BE NON- REFUNDABLE AND $1,000 WOULD BE APPLIED TO THE PURCHASE PRICE. MOTION SECONDED BY BOB MURRAY. Motion carried unanimously. Executive Director Ollie Koropchak will send Ms. Otten a letter stating the HRA current ofTer. . -4- . . . 8. HRA Minutes - 10/14/98 Consideration to reschedule the HRA regular meeting of November 11, 1998. Ollie Koropchak explained that because the next regular HRA meeting of November 11, 1998, is also Veteran's Day, the HRA is asked to reschedule their regularly scheduled meeting. A MOTION WAS MADE BY BOB MURRAY AND SECONDED BY DAN FRIE TO RESCHEDULE THE REGULAR HRA MEETING OF NOVEMBER 11 TO NOVEMBER 9,1998, AT 6:00 P.M. Motion carried unanimously. 9. Consideration ofHRA Commissioners interest to attend the Minnesota NAHRO Conference. Brad Barger and Ollie Koropchak expressed an interest in attending the Minnesota NAHRO. 10. Consideration to authorize pavment of monthly HRA bills. A MOTION WAS MADE BY BOB MURRAY AND SECONDED BY BRAD BARGER TO AUTHORIZE PAYMENT OF THE MONTHLY HRA BILLS AFTER THE FINANCE DEPARTMENT HAS CHECKED TO INSURE THERE WERE NO DUPLICATE BILLS. 11. Consideration of Executive Director's Report. Executive Director Ollie Koropchak went over the items of her report. She stated that NSP sent a check in the amount of $8,000 to be applied to the cost of the marketing brochure. Ollie Koropchak stated that Ms. Barbara Schlief is interested in leasing the property at 3 Walnut Street as of December 1, 1998. Ms. Koropchak will check Ms. Schlief's references. If everything checks out, she will proceed with leasing the property. Darrin Lahr asked Ollie Koropchak to check on whether or not the HRA has spent the 1998 $35,000 from the City for downtown redevelopment. 12. Consideration of committee reports MCP - Steve Andrews reports that Ms. Teresa Washburn spoke to the MCP board and stated that she felt the MCP should work with what the City has at this time and not pursue a community identity at the present time. -5- . . . HRA Minutes - 10/14/98 Marketing - Darrin Lahr showed the HRA a draft copy of the marketing brochure stating that the final brochure will be unveiled at the October 27, 1998, IDC Banquet. The HRA was pleased with the draft copy of the brochure. Executive Director Ollie Koropchak will inform Brad Johnson that the November 9th meeting will be a short meeting and perhaps he should make his presentation to the Parks Commission in November and come before the HRA at another time. 13. Other Business None 14. Adjournment A MOTION WAS MADE BY STEVE ANDREWS AND SECONDED BY BOB MURRAY TO ADJOURN THE MEETING AT 8:30 P.M. Motion carried unanimously. Steve Andrews, Chair HRA Nancy C. Whalen, Recording Secretary -6- . . . HRA Agenda - 11-9-98 4. Consideration to adopt a resolution awardine: the sale of $7.425.000 Public Proiect Revenue Bonds. Series 1998. A. REFERENCE AND BACKGROUND: The HRA commissioners are being asked to adopt a resolution awarding the sale of $7,425,000 Public Project Revenue Bonds, Series 1998, for the community center. The said resolution is attachcd. Please read thc resolution carefully as it defines the agreed upon actions ofthe HRA such as the lease and ground-lease agreements. HRA Attorneys Steve Bubul and Dan Greensweig will be present to review the resolution and documents as well as answcr questions. Additionally, a summary of the documents prepared by Attorney Bruce Batterson of Kennedy & Graven is attached. Lastly, Financial Consultants Rusty Fifield and Mark Ruff will be present to review the enclosed bond sale and debt service information and answer questions. The following is a recap of resolutions previously adopted by the HRA. March 4, 1998 Adopted a resolution of official intent to reimburse expcnditures for the armory project. Maximum principal amount was $9,400,000. This provided the HRA with the flexibility to issue bonds in an amount not-to-exceed $9,400,000. October 14, 1998 Adopted a resolution providing for the sale of $6,960,000 Public Project Revenue Bonds, Series 1998. Bond amount based on estimates. The Official Statemcnt dated October 29, 1998, which was delivered to you earlier noted an (*) by the $6,960,000. This * denoted the Issuer reserves the right, after bids are opened and prior to award, to increase the principal amount of the Bonds, etc. On November 2, 1998, aftcr consideration of base construction bids received and the alternatives, additions, and subtractions; the City Council approved a motion to accept and award the community center construction bid to Donlar Contractors as identified under Option 2 with the inclusion of the operable partition. With the motion of the Council on November 2, the total project cost including issuance cost is $10,199,000; thcrefore, the bond sale is $7,425,000. Other enclosed documents will be revised accordingly prior to execution. 1 HRA Agenda - 11-9-98 . B. ALTERNATIVE ACTION: 1. A motion to adopt the resolution awarding the sale of $7,425,000 Public Project Revenue Bonds, Series 1998. 2. A motion to deny adoption of the resolution awarding the sale of $7,425,000 Public Project Revenue Bonds, Series 1998. 3. A motion to adopt a resolution awarding the sale of the Public Project Revenue Bonds, Series 1998, is the amount of 4. A motion to table any action. C. RECOMMENDATION: . The City Administrator and HRA Executive Director recommend Alternative No.1. Alternative No.1 is consistent with the City Council's motion of November 2 and it provides for the construction of a community center with multi-uses which will accommodate the cross-section of age groups within our draw area. The selected materials increase the community center's longevity and controls maintenance. The final cost of the project compared to the original cost estimates is off-set by the decreased interest rate on the bonds and other earlier assumptions resulting in a minimal change to the debt service. The community center is consistent with the City's Comprehensive Plan and is an implementation of a goal identified in the Downtown/Riverfront Revitalization Plan. The community center will attract new residents and home-buyers creating an economic spin-off to the retail, commercial, and industrial businesses. D. SUPPORTING DATA: Resolution for adoption and documents relating to bond sale. . 2 Nov-05-98 15:42 Kennedy&Graven/Batterson 402-791-3061 P.02 . Kell~edy . .- Graven C H A ~ T ~ REO 470 Pillsbury Ccnrr.r 200 South Sixlh Sm,cl Minl1c:~poljs M:-.' ~')102 ((; 12) JJ7 -9~\OO n:lepholle (612) :B7 .~I:' 10 tilll e-m3iJ, ~ttpQfkelllleJy,'!;u"'~I\....~~m BRUCE M. BA'I'l'I!..KSON Attorney l\l Law lJirel:l Di": ((.12) .H7-l/2S9 F.mllll: bl.>lluersoll@ keIUledY-gJilvl:n.wln Fill<.' (4112) 7l/1-:lOr.J November 5,1998 Olive Koropchak Economic Development Director City of Monticello 250 bast Broadway Monticello, MN 55362 RE: $7,425,000 Housing and Redevelopment Authority in and for the City of Monticello, M.ilUlcsota Public Project Revenue Bonds, Series 1998 Dear Ollie: . Attached are the revised Resolutions for consideration by the HRA and the City COlUlcil Monday evening, The increased principal amounts furnished by Ehlers have been inserted. TIle remaining blanks are for the interest rates, to be filled in after the bids are received Monday. The following is a brief description of the transaction and the operative documents. The City will lease the land on which the Conununity Center is to be built to the HRA purswmt to a Ground Lease. The HRA will lease the land and the facility back to the City pUT!>uant to a Leasc~ Purchase Agreenlent. Under the Lease, the City is responsible lor construction. operation and maintenance of the Commwlity Center. Pursuant to a Trust Indenture between the HRA and Firstar Bank of Minnesohl, N.A., a'i trustee (the "Trustec"), the BRA will issue the Bonds. 'the proceeds of the Bonds wHl be ust:d to pay a portion of the cost of construction of the Project, and the Bonds will be payable from Lease payments received from the City under the Lease, Pursuant to an Assignment and Security Agreement, the HRA will assign 10 the Tll1stee all of the HRA's interest in the Ground Lease, the Lease and the Lease Pa)1T1ents. BecalL'ie the Bonds are payable solely from the City's Lease Payments, the HRA has no obligation or liability on the Bonds. All of the HRA1srigbts and duties (other than the lIRA'5 rights to payment of expenses and indemnification') are transfclTcd to the Trustee in the lndentw-e iUld the Assignment, and the Trustee is responsible for enforcement ofthe T .ease. Ihe attachl!d resolutions are the final approvals requil'ed from the City COlmcil and the HRA prior to issuing the Bonds. No public hearing is required. . ~/\ Nov-05-9B 15:42 Kennedy&Graven/Batterson 402-791-3061 . . . P.os After due consideration of the proposals, Member then introduced and moved the adoption of the following written resolutionl the reading of which had been dispensed with by wlaniInous consent: RESOLUITONNO. A RESOLUTlON A W ARDTNG THE SALE OF $7,425,000 PUBLIC PROJECT REVENUE BONDS, SERJES 1998 BE IT RESOLVED By the Housing and Redevelopment Authority Tn and For the City of Monticello, Minnesota (the "Authority"), as foHows: Scction 1. Recitals, 1.01. The City of Monticello, Minnesota (ilie "City'') is authorized by Minnesota Statutes, Section 465.71, as amended, to acquire rea! and personal property Wlderleasc-purchase agreements. 1.02. TIle AU1110rity ha.'1 agl'eed with the City that pursuant to a Ground Lease dated as of December 1, 1998 (the "Ground Lease"), the Authority will acquire certain property from lhe City, and the Authority wiUlease such property, together with the buildings, structures or improvements now or hereafter located thereon, to the City pursuant to a Lease-Purchase Agreement dated as of December J, 1998 (the "Lease"). 1.03_ Pursuant to a TnlSt Indenture dated as of December t, 1998 (the "Indentw"e"), between the Authority and Firstar Bank of Minnesota, N.A., Saint Paul" Minnesota, as trustee (the "Trustcc"), the Authority will issuc its Public Pr~ject Revclluc Bonds, Series 1998 (the "Series 1998 Bonds") ill an aggregate principal amount of $7,425,000. } ,04. Under the Indenture, proceeds of the Series 1998 Bonds will be llsed to pay costs of acquisition, construction and equipping of the Facilities described in the Lease. I.U5. Pursuant to an Assignment and Security Agreement dated as of December 1, 1998 (the "Assignment"), the Authority will assign to the Trustee all of the Authodty's right, title and interest in and to the Ground Lease, 1he Lease and the Lease Payments to be made by the City thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 1998 Bonds, 1.06. Forms of the GrOWld Lease, the Lease, the Indenture, the Assigrunent, the Official Statement for the Series 1998 Bonds and a Continuing Di!itclosure Agreement of the City dOled as of December 1, 1998, have been prepared and submitted to the Authority and are on file with the Autbority. Section 2. Sale of Series 1998 Bonds, 2.01. The proposal of _. ,_ (the "Purchaser") to purchase the Scl'ies 1998 Bonds is hereby found and determined to be " reasonable offer and is 2 ~-3 Nov-OS-9B 15:43 Kgnnedy&Graven/Batterson 402-791-3061 P.06 . hereby accepted, the proposal being to pW'Chase the Series 1998 Bonds at a price of $. .. .._ ...n_.... plus accrued interest to dale of delivery, tor Series 1998 Bonds bearing interest as follows; Year or Interest Year of Interest Maturity Rate Maturity ~ 2000 2010 2001 2011 2002 2012 2003 2013 2004 2014 2005 2015 2006 2016 2007 2017 2008 2018 2009 2019 True interest cost: % 2.02. The Treasurer is directed to retain the good faith check of the Purchaser. pending completion of the sale of the Series 1998 Bonds, and to deliver the good faith check to the Trustee upon the issuance ofthe Series 1998 Bonds. The Aulhorily shall return the good faith check~ ofthe unsuccessful proposers forthwith. . 2.03. The Authority will forthwith issue and sell the Series 1998 Bond'i in the total principal amoWlt of $7,425,000, originally dated December 1, 1998, in the denomination of $5,000 each or any integral multiple thereot~ l1wl1bered No. R-l, upward, bearing interest as above set forth, and which mature serially on February I, in the years and amOW'lts as follows (subject to redemption and prior payment as set tenth in the Indenture): .:tw 1\lnolJDJ Year Amount 2000 $180,000 2010 $365,000 2001 250,000 2011 385,000 2002 260,000 2012 400,000 2003 275,000 2013 420,000 2004 285,000 2014 440,000 2005 295,000 2015 460,000 2006 310.000 2016 485,000 2007 325,000 2017 510,000 2008 335,000 2018 535,000 2009 350,000 2019 560,000 . 2.04. Execution. Authentication aud DclivcI)'. The Series 1998 Bonds, substantially in the foml provided in the Indenture, will be prepared under the direction of the Authority starr and executed on behalf of the Authority by the signatures of the Chair and one other oHicer of the Authority, provided that all signatures may be printed. engraved or lithographed tacsimiles orlhe originals. Notwithstanding such execution, a Series 1998 Bond will not be valid or obligatory for allY purpose or entitled. to any security or benefit under this Resolution or the Indenture wlless and until a certificate of authentication on the Seri.. ~ 998 Bond has been duly executed by the m<Ulual ~/ ~ Nov-05-9a 15:43 Kennedy&Graven/Batterson 402-791-3Q61 P.07 . signature of an authorized representative of the Trustee. When the Series 1998 Bonds have been so prepared, executcd and authenticated, thc Authority will delivcr the same to The Depository Trust Company, New York, New York, on behalf of the Purchaser, upon payment of the purchasc price, and the Purchaser is not obligated to see to the application afthe pw'Cl18SC price. Section 3. Approval and Execution of Documents. The GroWld Lease, the Lease, the Indenture, the Assigmnent ilnd the Continuing Disclosure Agreement described in Sectioll ] are hereby approved. The Chair and one other officer of the Authority are authorized and directed to execute and deliver the GrowId Lease, the Lease and the Indenture on behalf of the Authority, substantially in the forms on file, but with all such changes therein as shall be approved by the ofticors executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction docwnellts shall be delivered, filed and recorded as provided therein. The Chair and other officers of the Authority t\re also authorized and directed to execute such other instruments as may be: required to give effect to the transactions herein contemplated. Section 4. Payment: Security; Pledl::!:es aud Covenants. The Sedes 1998 Bonds are payable solely from tbe Lease Payments to be made by the City WIder the Lease and from other moneys realized by the Trustee after default or termination of the Lease by the City as provided therein. No property or funds of the Authority, other than the property pledged pursuant to thc hIdenture and assigned to the Tnlstee pursuant to the Assignment, is pledged to the payment ofthc Series 1998 Bonds. . Section 5. Authentication ofTranscriot: Issuance Costs. 5.01. The officers of the Authority are authorized and directed to prepare and fwnish to the Purchaser and to the attorneys approving the Series 1998 Bonds, certificd copies of proceedings and records of the Authority relating to the Series 1998 Bonds and such other certificates, affidavits and transcripts as may be required to show the facts within thcir knowledge or as shown by the book.s and records in their cLlSLndy and WIder their control, relating to the validity and marketability ol"the Series 1998 Bonds and such instruments, including any heretofore fumished, may be deemed representations of the Authority as to the facts stated thereill. 5.02. The preparation and distribution of the Official Statement prepared and circlllated in connection with the issuance and sale of the Series 1998 Bonds is hereby approved. 5.03. The Authority authorizes the Purchaser to forward the antOlUlt of proceeds of the Selies 1998 Bond" allocable to the paymcnt of issuance expenses (other than amounts payable to KClUledy & Gravcn, Chartered as Bond COWlsel) to Resource Bank & Trust CompanYI Minneapolis, Minne50ta on the closing datc for further distribution as directed by the Authority's fmancial adviser, Eh.lers and Associates, Inc. Section 6. Tax. Covenants. . 6.01. 'llIe Authority covenants and agrees with the holders fTOm time to time of the Series 1998 Bonds that it will not take or permit to be taken by any of its officers, employees or agents allY action which would Ca1L1e the interest on the Series 1998 Boncll\ to become subject to taxation WIder the Internal Revenue Code of 1986. as amcnd4ed (the "Codo"), lIIld the Treasury Regulations ~ /S Nov-05-9S 15:43 Kennedy&Graven/BattBrson 402-791-3061 P.OB . . . promulgated thereWlder, in effect at the time of such actions, and that it will take Uf cau.c;e its officers, employees or agents to take, all affirmative action within its power that may he necessaIY to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as preseIltly existing or as hereaHer amended and made applicable Lo the Series 1998 Bonds. 6.02. Tn order to qualitY the Series 1998 Donds as "qualified tax~exempt obligations" within the meaning of Section 265(bX3) of the Code, the Authority makes the following factual statements and representations: (a) the Series 1998 Donds are not "privaLe activity honds" as defined in Section 141 of the Code; (b) the Authority hereby designates the Series 1998 Bonds 8S "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) dle ccasonably anticipated amoWl\ of tax-exempt obligations (othcr than any private activity bonds that are not qualified 501(cX3) bonds) which will be issued by the Authority (and all subordinate entities uf the City) during calendar year 1998 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the Authority dwing calendar year 1998 have been designated for purposes of Section 265(b X3) of the Code. 6.03. The Authority will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 5 q/~ Nov-05-9B 15 to 44 KennBdy&GravBn/Batter,s.on 402-791-3061 P.I0 . . . STATE OF MINNESOTA ) ) COUNTY OF WRIGHT ) S8. ) CJTY OF MONTICELLO ) I, the wuicrsigned, being the duly qualified and acting Secretary of the Housing and Redevelopment Authority In and For the City of Monticello, Minnesota, do hereby ccrti(y that T have carefully compared tbe attached and f()Tegoing extract of minutes uf a .. meeting of the A uthol'ity held on Novernbt.."r 9. 1998 with the original minutes on file in my uffice and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $7.425,000 Public Project Revenue Bonds, Series 1998 of the Authority. WTTNESS My hand officially as sllch SecretaIy this _... day of December, 1998. HOUSING AND REDEVELOPMENT AUTIIORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA Secretary 7 ~/~ Nov-05-9S 15:42 Ksnnsdy&Gravsn/Battgrson 402-791-3061 P.04 . . . Extraet of Minutes of Meeting ofthe Housing and Redevelopment Authority In and For the City of Monticello, Minnesota Pursuant to due call and notice thereof, a .,. meeting of the Housing and Redevelopment Authority In and for the City of Monticello, Minnesota was duly held in the City Hall in said City on Monday, November 9, 1998. commencing at o'clock P.M. lbe following members were present; and the following were absent: ... '" II< iii "'... ... The Chair annowlced that the next order of business was consideration of the proposals which had been received tor the purchase of the Authority's $7,425,000 Public Project Revenue Bonds, Series 1998. Ehlers & Associates, Tnc, presented a tabulation of the proposals which had been received in the maMer specified in the Terms of Proposal of the Series 1998 Bonds. The proposals were as follows: 1 ~J\ . . . .....-- NOV 06 "98 10:34FlME'HLERS& FlSSOCIATES . EHLERS C. ASSOCIATES INC Memo To: Members of (he City Council HRA Board of Conumssioners Rusty Fifield/Mark Ruff Sale of Bonds November 6, 1998 From: Subject: Date: This memo provides background information on the sale of bonds that will occur on Monday, November 9. 1. Community Center Bonds To accommodate the additional project costs approved by the City Council. the size of the Community Center Bonds will increase to approximately $7,425,000, The final amount will be set on Monday after we receive bids. We will strUcture the annual maturities to achieve level annual debt service payments. 2. Improvement Bonds The sale of the Improvement Bonds has been postponed until the City Council meeting on December 14. The delay is needed to make all of the proposed bond issues "bank qualified" and achieve the lowest possible interest rates. The increase in the size of the Community Center Bonds pushed the total eligible debt over the $10,000.000 calendar year cap. The delay allows the Improvement Bonds to be dated January 1. 1999 and count against the 1999 limit. The loss of bank qualified status could have increased interest rates from 10 to 35 basis points, 3. Refundini Bonds The refunding of the 1988 Water System Bonds will occur as planned. 4. Rating Despite the increase in overall indebtedness. Moody's In"estors Service has confirmed the City's existing "A3" rating. Moody's assigned a rating of "Baal '. to the Community Center Bonds. reflecting the slight difference in security as lease revenue bonds. We are "ery pleased with this result. It provides aslrong endorsement of the financial condition of the City and of the local economy. We will have more information on the rating review at the HRA and Council meetings. 3060 Centre Pointe Drive + Rosevllle, Minnesota 55113-1105 (651) 697-8506 + FAX (651) 697-8555 rusty@ehlers-;nc.com Y/\\) . . . BRA Agenda - 11/9/98 5. Consideration to accept or deny a counter-offer for purchase of the prooerty located at 218 Front Street. A. REFERENCE AND BACKGROUND: At the HRA meeting of October 14, 1998, the commissioners amended a motion to include two counter-offer options. Options were subject to legal opinion on the requirements of paying relocation benefits. Please read the attached letter to the seller summarizing the lIRA's offer options. Additionally and attached is a summary of the investment by the HRA over time based on the two offer options. Perhaps, the HRA would be better of I accepting the cash buy-out assuming a city loan with an interest rate of less than 4% thereby avoiding relocation benefits. Attorney Greensweig will be present to answer questions relating to relocation benefits. The seller has submitted a written response to the HRA's two offer options accepting Package A.. B. ALTERNATIVE ACTION: 1. A motion ratifying the terms of Package A as outlined by theHRA and acceptable to the seller, and authorizing legal counsel to prepare documents. 2. A motion ratifying the terms of Package B as outlined by the HRA and acceptable to the seller, and authorizing legal counsel to prepare documents. 3. A motion accepting the cash buy-out at $86,000. 4. A motion to withdraw accepted offer as a result of the HRA requirements to pay relocation benefits. 5. A motion to table any action. C. RECOMMENDATION: Recommendation is Alternative No.1 subject to legal opinion on relocation benefits. If relocation benefits are required perhaps alternative nos. 3,4, or 5 should be considered. D. SUPPORTING DATA: Copy of October 23, 1998 letter summarizing HRA's two counter-ofler options and summary ofHRA investment. Copy of submitted written response from seller. 3 Mrs. Deb Otten 7183 Cahill Avenue Monticello, MN 55362 October 23, 1998 Re: Real estate property located at 218 Front Street. Dear Deb: Thank you for your telephone call of Wednesday. I did proceed to call and,check with the HRA Commissioners for a clarification of the motion and amended motion. My apologies for misunderstanding the amended motion. I understood the amended motion (counter-offer Package B) to mean a replacement of the original motion (counter-offer Package A); however, the commissioners' amended motion was a counter- offer including both Package A and Package B. Package B which includes an annual fee of$2,000 was added to accommodate the seller's annual expenditure of taxes and insurance during the 3-year option. The following is a recap of the offer and counter-offers as per the direction of the HRA commissioners. . ~ Purchase Price Option Fee Purchase Price Increase HRA offer 9/2/98 $81,000 Seller counter- 10/14/98 offer $86,000 HRA counter-offers: Package A 10/14/98 $84,000 Package B $81,000 10/14/98 . 3-year option. Non-refundable annual fee of $1,000. Not applied to purchase price. 4% annual increase at anniversary date. Cash buyout 1/1/1999. 3-year option. Up-front $3,000 non-refundable fee. Not applied to purchase price. 4% almual increase at anniversary date. 3-year option. Annual fee 0[$2,000. Annual fee disbursal of $1,000 non-refundable and $1,000 applied to purchase price. 4% annual increase at anniversary date. ~/\ MOnlicello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245. (612) 295-2711. Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170 · Fax: (612) 27 t -3272 . Mrs. Otten Page 2 October 23, 1998 The HRA counter-offers were subject to a legal opinion on the requirements of relocation benefits. Should you have additional questions, please do not hesitate to call me at 271-3208. The next HRA meeting is scheduled for 6:00 p.m. on November 9, 1998. If possible a response to the HRA counter-offers in \'iTiting would be appreciated for distribution to the conunissioners on November 5. The HRA looks forward to hearing from you and thanks you for your time. Deb, again, my apology. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO Q)~ \~(t\~~~ Ollie Koropchak Executive Director c: HRA File . . ~/'} . . . RECAP 218 FRONT STREET OFFER Package A $84,000 - 3-year option Up-front $3,000 non-refundable fee. Not applied to purchase price. 4% annual increase at anniversary date. Price at anniversary date: Year 1 - $87,360 Year 2 - $90,854.40 Year 3 - $94,488.58. Package B $81,000 - 3-year option Annual fee of $2,000. Annual fee disbursal of $1,000 non-refundable and $1,000 applied to purchase price. 4% annual increase at anniversary date. Price at anniversary date: Year 1 - $84,240 Year 2 - $87,609.60 Year 3 - $91,113.98 less applied fee of $3,000 = $88,113.98. The annual fee of $2,000 was to assist the seller with upfront holding expenses oftaxes and insurance, a concern of the seller. Murray's point was long term over 3 years better deal for seller. 1998 Taxes $821. 89. Assesssments $369.21 delinquent utility bills and compose fee. The seller must terminate the month-to-mouth lease with the current tenant prior to an HRA acquisition then no relocation benefits apply. Relocation benefits approximately or up to $20,000. Is the HRA purchase option the same as an BRA acquisition? ~/J . . . November 4, 1998 Debbie Otten 7183 Cahill Ave NE Montice1lo,MN- -5.5.362 To the HRA for the City of Monticello: Lamwriting tojnform-you-ofDl}'-deci!'lioato-accept YOUI-offeulfDctobeL14, 1998 regarding the real estate property at 218 Front Street. Theatrer I ~-accep~is Pack<Jge A:--Purchaseprice--$&4,.000, .with a3 year..optipn and an up-front $3,000 nOll- refundable fee, not to be applied to the purchase price, with a pmchase-prire increase-ofA%annuall}'- on the-anniversary date of th.i.S-trans.,~ction. Please have the HRA attorney prepare the documents and notify me. Sinc.er~ly: ~~ Debbie M. Otten for Michael O'Connor, Owner .- s/~ sorllmportant Definitions Acquiring Agency Business Displaced Person lJ\ , \.f"'\ ....... This means an agency which has the authority to acquire property by eminent domain (condemnation). Any lawful activity, with the exception of a farm operation, conducted primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property, or for the sale of services to the public. Any person (individual, family, corporation, partnership, or association) who moves from real property or moves personal property from real property as a direct result of the acquisition of the real property, in whole or in part, or as the result of a written notice from the agency to vacate the real property needed for a project. In the case of a partial acquisition, the agency. shall determine if a person is displaced as a direct result of the acquisition. Relocation benefits will vary, depending on the type and length of occupancy as discussed later. As a displacee, you will be classified as: o An owner occupant of a residential property (includes mobile homes) o A tenant occupant of a residential property (includes mobile homes and sleeping rooms) o A business, farm, or nonprofit organ ization. 1 . Any activity conducted solely o.marilY for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. Nonprofit A public or private entity that has organization established its nonprofit status under applicable federal or state law. Farm INTENT OF THIS BOOKLET i The relocation laws and regulations are quite complex. This booklet is not meant to discuss in detail the law and its procedures. It is meant to give an overview of the Federal and State program. Please discuss all aspects of your proposed relocation with your displacing agency representative to ensure your eligibility and prompt reimbursement of claims. Always contact your relocation advisor before you move or finalize your plans. 2 -.~..:........ . . . . HRA Agenda - 11/9/98 6. Consideration to hear a concept plan for redevelopment of the North Anchor area. A. REFERENCE AND BACKGROUND. This agenda item requires no action by the HRA. It is placed on the agenda in order for you to hear the concept plan prepared for the North Anchor by Ron Erickson, KKE Architects, Inc. for Brad Johnson of Lotus Realty Services. If time does not allow to hear the presentation, the suggestion is to continue the HRA meeting thereby allowing all five HRA commissioners to attend the Council meeting. Detailed drawings will be available at the HRA and Council meeting. Enclosed is a copy of a letter to Mr. Johnson following action by the Parks Commission and prior to the Public Works Director requesting Council authorization to relocate the lift station and sewer/water lines in the West Bridge Park. 4 . . October 21, 1998 -- ~!: t'Op)' MONTICELLO Mr. Brad Johnson Lotus Realty Services 551 West 78th Street P.O. Box 235 Chanhassen, MN 55317 Re: West Bridge Park Area Proposal Dear Brad: This is a letter to inform you of the Parks Commission deeision of October 15, 1998, and a request for a presentation and the submittal of a detailed concept plan or proposal for redevelopment ofthe West Bridge Park area at the HRA and City Council meetings of November 9, 1998. The Parks Commissioners received a copy of your letter dated October 12, 1998 requesting continued delay for implementation of the Parks Plan for West Bridge Park. The commissioners elected to recommend that City Council move forward with redevelopment of West Bridge Park per the Parks Plan and also recommended the Public Works Department proceed with relocation ofthe lift station and water/sewer lines. At the October 21 staff meeting for preparation of the October 26 City Council agenda, staff recommended the Public Works Director delay requesting the Council to consider authorizing the relocation of the lift station and water/sewer lines in West Bridge Park until the Council meeting of November 9. This final delay to allow Lotus Realty Services to submit a detailed concept plan or proposal for the said area to the Council. The commissioners, council members, and staff support the Downtown/Riverfront Revitalization Plan which encourages redevelopment of substandard parcels and revitalization of the downtown and riverfront. The objectives are to increase pedestrian traffic and create a vibrant downtown while increasing property values. Certainly, a restaurant, hotel, and apartment complex supports the Revitalization Plan. Lastly, the public appears most interested in a family-style (Champ's like) restaurant. To assist you with your presentation and concept plan, the following are some questions being raised: What is the best use for West Bridge Park? Is there an equal exchange ofland to preserve parkland? Is West Bridge Park the best location for a downtown restaurant? What are other site options for development of a restaurant? How does the mixed use development of a hotel, \0 / \ Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245 . (612) 295-2711. Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170. Fax: (612) 271-3272 . . . Mr. Johnson October 21, 1998 Page 2 apartment complex, and restaurant affect Blocks 64,54,51,52, West Bridge Park, and Walnut Street? What is the best realignment route for the water/sewer line and location of the lift station? How does the mixed use development affect other public infrastructure such as streets, parks, parking, as well as private property? Should the Council solicit request for proposals for redevelopment of the West Bridge Park area? Has any developer put money on the table? The intent of the deadline date is to allow the BRA and City Council to hear your detailed concept or proposal for the West Bridge Park area, prior to City Council consideration to authorize relocation of the lift station and water/sewer lines. Please keep in mind the November 9 meeting of the HRA is scheduled from 6:00 to 7:00 p.m. for consideration of awarding the bond sale for the community center and entering into a lease agreement with the city; therefore, it is important to keep the presentation short. All BRA members are adverse to the background for redevelopment of the North Anchor area. The Council meeting begins at 7:00 p.m. Should you have any questions, please do not hesitate to call me at 271-3208. Thank you for your time and consideration. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO ~~ ~",-~.D~ Ollie Koropchak Executive Director c: Parks Commission HRA City Council MCP John Simola, Public Works Rick Wolfsteller, Administrator Jeff O'Neill, Assistant Administrator \9/d- 5-98 03:39P Lotus Realty , IJ..J HI.;IV lilY H.':./Y (lJ 11111; MI\l.1nll['l.1J;) r N^ l1U. tll ~ .:lq~l1~D I I ./ r. Ui ............. '.. .... ......... ........ , ~ t ii 'I f~1 ~ I C,' ~l \; ~} :''\~ .. , ,:.,,1(. .' ...:!::.d'{': i::"f~;::' ~~:':.:.~.. - PA02 \9./) . . . 7. Consideration to authorize payment of monthlv HRA bills. Recommendation is to authorize payment of monthly bills. 5 lIRA Agenda - 11/9/98 .......'r"..,.....''TN'''1'"'''ll'''''!r...''''' = ~",:'~~I,! .I_,~ ;::' }t'-l (\)t'lST . ~ ~l'lC~_ ~""'",{T :: I 'r ~ n '... t.......t"""\. ..:~, ..) ~J . LAKE, t'IH ~ c<.~~ rt ~f>1 a -o"~ ,- I""" ..-, ,r., ,-, '~:.: ..:.t,~1 ~.~ s< ~~ 1?r 0 Q,:' ~ ~: -..... ',f': ',~: :"': ',t.,' ',.... '.~' :i: '.... ..... ;..: ..... ",+.," '~' - ~., ":' T ...... "'T" ........ 't'""'l ! '." I) '.' ~ '_ ~. ,,- .: --~ -.;, --,.-:,. :. :.. :,. ....:.... :..-:~ -.... :.. :o.,. Document, Number: 004614 Documen-r, Date: 10/26/88 Page: J Sold HOUSING AND REDEVELOPMENT To: AUTHORITY IN AND FOR THE CITY OF MONTICELLO MN S11i.'p 'tvia.. : Ship Date: 10/26/98 Due Date.: 11/05/98 Terms. ...: NET 10 It-em I.D./Liese. 3hjD To: Cus t I. D. . . . .: HDA P.G. Number..: P.O. Date....: 10~/26/98 .Job/Order No.: 3alespersor...: Ordereci 'shipped F'rice t~ e t, 1(~,/22;/98 ------~-~----------------~----------~~---------------------~~-----------------~ 5375.. ()(i ..... " ,-' Unit, . DEMOLITION OF HOUSE ON 225 WEST RIVER ST. MONTICELLO MN 55362 . .- ~ .. :::'1101:0'(,.::''':' : T .:tYJ... .. .. .. .. : Tot~;.i2-_.... : f\/\ .- ..-......,....... '..... ,'~ :-J .,:i " ;,j .. ~... '..' ',).00 E~375.. ()C~ . .... .....:'~.,,f....(.~~, ',...r,-, ;. \~~~ Costs of Proposed HRA Lot Improvements llim1 Tables - all concrete with 4 attached seats 66"x 66"x 2S" Canvas Umbrellas, 7.5 ft diameter Umbrella base stands Park Benches - aluminum cast with red wood slats, 6 ft long Crushed granite with lime to cover lot provided by Public Works Split Rail Fence, two 20 ft sections Rails Line Posts End posts Flowers - annuals Flower Planters - 6 triangular style Provided by MCP Bushes - arborvitae Bush Planters - 10 gal ceramic Potting Soil - 40 Ib bags ."-'~oi'<<~""<T~,..- -.. Hose (180'), spray nozzle & reel Garbage Can - SO gal roll-away Provided by Public Works Labor - Set Up and Maintenance Provided by Public Works and MCP Volunteers Total Cost. , ... , ~. ,'~, Unit Cost Quantity Total Cost Vl.?'l vllf"\ .SS lo ,?.s. Q '0 A tt3 $ 549.00 4 $ 2,196.00 \ \ o. - ~ ~'-\ 115.00 4 460.00 ~ .")l", ~ g16 . ~ 25.00 4 100.00 'D. 249.00 2 498.00 7.49 8.00 7.79 8 2 4 59.92 16.00 31.16 2.50 60 150.00 24.99 2 49.98 39.99 2 79.98 3.99 16 63.36 ;'...::.WNtfW(".....J~~~~~~. ~.~ 'y......-;"'!~~~:',._~-: :. 100.00 Co, ~ ~~~ <'(~ " r-"""- -~-,............... ~'~.~""~'~.--'-:~-""I.:............................_,.,_.....--....... _~.,_ __ _... . ~~J\ \oT KAY PARK-REC CORP. {/,\' \J^~ BC/~:#: 1301 PINE ST.-' """ s,;~ v - I .... P.O. BOX 477 . c\\.J(!D: JANESVILLE IA 50647-0477 0 V #: WATS 800-553-2476 FAX 319-987-2900 P t NONE 062909MN rrCLO 000779~ 07/27/98 DATE: Sold To:MONTICELLO PARKS & REC DEPT 909 GOLF COURSE RD MONTICELLO. MN 55362 Ship To:SAME PO DATE SLS/DIST CUST PO# DATE SHP. PRO # CARR FOB TERMS =============================================================================== 06/29/98 MNP/MNP 07/16/98 NONE EMBE FCTY NET/30 ==================VERBAL GREG================================================== ORDER SHIP DESCRIPTION ITEM # PRICE EXTENSION =============================================================================== 4 4 HUNTER GREEN VINYL UMBRELLA OT/UV 158.00 632.00 1 1 FREIGHT FR/FREIGHT 15.55 15.55 . S vY - ~.,YO ~ a......- ~ ~ cY- ~& ~ ~~ .., 0- "- <y~ . UNPAID BALANCES WILL ACCRUE A S/CHARGE OF 1 1/2% PER MONTH (18% PER ANNUM). =============================================================================== NON-TAXABLE 647.55 TAXABLE .00 SALES TAX .00 FREIGHT .00 DISC .00 ***> TOTAL 647.55 S a ~ l~ n c- . if ~ ~ \. [;\ ~ ~nvoice (\ ~ ct:Y DATE INVOICE NO. ~ 8/26/98 8021 Flanagan 1 e s I ..'--1 BILL TO Monticello Park & Recreation 250 E. Broadway Box 1147 Monticello, MN 55362 SHIP TO 909 Golf Course Road P.o. NO. TERMS REP SHIP DATE SHIP VIA Greg Engle 20 DAYS NET MPD 8/18/98 American ITEM DESCRIPTION QTY UNIT PRICE 100000251 Four Seat Table - vinyl clad top and seats - 4 489.00 J-Leg style frame in green (275-4YV) PROJECT AMOUNT 1,956.00 100000381 Park Bench - 2-3/8" galvanized frame- vinyl clad seat and back (349-6GV) 2 240.00 480.00 Freight Shipping Charges Sales Tax, Minnesota 272.00 6.50% 272.00 158.34 ~~ Total $2,866.34 ar~aeC~de 2845 Hamline Avenue North · Suite 108 · Roseville · MN · 55113 651 Phone: 612.633.0123 · 1.800.328.3557 · Fax: 612.633.1515 · E-mail: FSaleslnc@aol.com . . . ~ 1"j;<; '-\: \_??-: 'Q\~ I ; CITY OF MONTICELLO : po, BOX 1147 ! MONTICELLO, MN 55362 ',' 295.2711 OPENING BAlA'-CE P HMENTS PE NAl TIE S PRESORT First Class Mail U,s. POSTAGE PAID PERMIT 42 AOJUS T MENT S PRESENT PREVIOUS CODE AMOUNT 3830 3800 30 WR SW I MAIL TO 3.67 : 4. 89~LTN: 01 1 T F ~RA OF MONTICEL~ :PO BOX 1"14 7 MONTICELLO MN :5 5 3 6 2 : ACCOUNT NO, HAVE YOUR : NET AMOUNT I AFTER TttlS DAlc I P/I:/ PAST DUE AMI I 8 . 56 I PAST DUE AMOUNT I 1 1 /23/98 :. . ~MOU.NT PAlO I ~ QR.03tR. 8 . 91 : CITY ~~ ~grl~l~ELLO , MO NTI CELLO, M N 55362 001-0043-00-00 8.56 11/23/98 8.91 LEAF PICKUP IS OCT 31. READING DATES PREVIOUS 8/'j 8 /9 8 PRESENT 1 0/ 0 1 /9 8 ACCOUNT NO, "J01-0043-00-00 NET AMOUNT AFTER TH I S OAT E PAY PAST DU E AMT. 98 PAST DUE AMOUNT ~jIo,..>... '. ~. ",;:>.., 0-" . . . HRA Agenda - 11/9/98 8. Consideration of executive director's report. a) 225 Front Street - Initially, this was planned as an agenda action item; however, with the scheduled bond sale and North Anchor presentation combined with a less than one- hour meeting, the HRA will consider action at the December meeting. The Carlson's declined the City Council's right offlrst refusal; however, inquired to the use/rental of the HRA garage. See attached letter. b) 3 Walnut Street - After showing the Schliefhouse to the second interested party, they decided not to rent. I'm proceeding to contact the last interested party prior to advertising in the local newspaper. Enclosed is an estimate for repairs of the structure from Rolfe McAfee per the assessment made by the Building Official. Mark Theisen and/or the Public Works Department offered to repair the roof, not re-shingle, for a cost less than $500 plus costs for other minor repairs. They can begin work Tuesday, November 10. Unless the HRA disagrees, I'll authorize the Public Works to do the repairs. c) 225 West River Street - Note the Hawkins house is gone. The Parks Department sccded thc parcel and the demolition contractor's invoice is authorized for payment. d) Housing Project- Developer Larson requested to be on the HRA agenda for a concept presentation for redevelopment of the Klucas property on the west end of town. Hc was deferred to the December meeting. e) Minnesota and 6 Street - I ran TIF estimates for a developer interested in the redevelopment of this area for the construction of 10 owner-occupied town homes. With the cost to acquire the properties, TIF assistance, and value of new town homes, the project still did not cashflow. Interestingly, the area does not qualify for a redevelopment district therefore a housing district was proposed. f) Private Redevelopment Contracts - Enclosed are letters to two redevelopers as a reminder of the terms and conditions ofthe contracts. g) For your information, the Council reduced the HRA request for $75,000 Industrial Reservc Fund to $25,000 for budget year 1999. The marketing budget under economic development is $35,000. h) Industrial Brochure - Enclosed is the new industrial brochure. Please assist us in marketing Monticello as a place for industrial development. Please refer leads to my office. Brochures are being mailed on a monthly basis. i) Industrial Leads - A couple of good leads have materialized. No commitments. 6 Il."..:.'.~'......,.. .j: f" v ; Relocation Date ..;,.1; -~"~I~ ii ,iT " =!! .~ Skillet Jun 98 Hallmark H&R Block Wright Way Small Tenants Companion Pets $3,000 Renaissance West $3,000 Monticello Optical $3,000 Northstar Capital $5,000 Barbara Lee's Dance $3.000 W eight Watchers $200 ! .. ~ 3 i I '!I !lj Demolition JJ\.1E June 98 (grading. utilities) . Site Improvements .. i I Parking lot Site light Soil Test Landscaping TOTALS ~ . BBF Properties, Inc. TIP Accountable Expenditures Not-to-exceed $500,000 BBF Wilson $293.000.00 $ 75,859.36 $ 47,468.28 $ 47,468.25 $ 24,696.39 $ 24,696.39 $ 23.218.98 $ 23,218.98 $ 17,200.00 $ 17,200.00 $156,957.00 $156,957.00 $100,000.00 $ 36,000.00 $ 1.600.00 $ 17,000.00 $562,540.65 $500,000.00 $476,507.47 $153,730.41 Rank BRA $283,000.00 $ 75,859.36 $ 13,233.09 $ 13,233.09 $ 24,696.39 $ 24,218.98 $138,377.99 $ 23,218.98 $ 17.200.00 $ 17.200.00 ~.<; . . -- A October 19, 1998 1L( COP}' MONTICELLO Mr. Paul Ederer Allied Companies 20600 County Road 81 Rogers, MN 55374 Re: Private Redevelopment Contract.between Allied Companies, LLC and the HRA Dear Paul: This is a letter of concern relating to the Private Redevelopment Contract between Allied Companies, LLC and the Monticello HRA dated June 3, 1998. The Office of the HRA received a fax. from Steve Krenz, Midwest Graphics, on October 6, 1998 relating to hiring often new employees. We share in the excitement of hiring ten new employees; however, our concern is the starting pay of$8.00 per hour. Per the Contract, ARTICLE III, Acquisition ofPropert;y: Site Improvements: Financial Assistance Section 3.7. Job and Wa~e Covenants. (a), the developer agreed to pay an hourly wage of at least $8.24, exclusive of benefits. Section 3.7 (b) further states that during the life of the contract at least 90% of the jobs must pay a rate equal to or greater than the 160% of the federal minimum wage for individuals over the age of20. Today's federal minimum wage is $5.15. The HRA's concern lies with the non-compliance clause: If the developer fails to comply with any of the terms of Section 3. 7(b), the developer shall repay to the HRA any payments made by the HRA to the developer pursuant to the agreement. The hope of the HRA is by raising the concern early the potential non-compliance issue is resolved and prevented. Section 3.7 (b) was approved in the 1998 regular legislative session and became effective for tax. increment financing districts requesting certification after April 30, 1998. This was the resolution to the "Green Acres" issue. Again, Paul, this letter is intended to raise the concern early in order to remedy the situation and prevent non- compliance of the contract. Should you have any questions, please do not hesitate to call me at 271-3208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO CJ~ \~d'\~ q ~- Ollie Koropchak Executive Director c: Steve Krenz, Midwest Graphics TIF District No. 1~23 File Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245. (612) 295-2711 · Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170. Fax: (612) 271-3272 I "'. , '. '<C' October 20, 1998 ~ MONTICELLO Mr. Barry Fluth BBF Properties 19577 180th Avenue Big Lake, MN 55309 Re: Private Redevelopment Contract between BBF Properties and the Monticello HRA Dear Barry: The intent of this letter is a reminder of the necd for BBF Properties to submit to the HRA written evidence that BBF Properties has paid public redevelopment costs in at least the principal amount of $500,000 in order for the HRA to deliver the $500,000 Taxable Tax Increment Revenue Note. The Note to be delivered in accordance to certain Private Redevelopment Contract between BBF Properties and the Monticello HRA dated March 20, 1998. Please refer to ARTICLE III, Public Redevelopment Costs, page 7 of the Contract. . Enclosed is an accountability of the public redevelopment costs and the amount paid and satisfactory to the HRA ($153,730.41) as of October 20, 1998. The four columns represent relocation and demolition costs submitted by BBF to Dan Wilson, Wilson acceptance of eligible TIF relocation and demolition costs, disbursement of funds by lender, and HRA acceptance of paid and eligible relocation costs. I did contact Barb Kennedy at US Bank, St. Cloud, a few days ago for an update of disbursements relating to the eligible public redevelopment costs. You will note, the Note shall bear interest at a rate of 7.5% from the date of delivery of the Note. The HRA will deliver the Note upon BBF Properties submitting to the HRA satisfactory written evidence that BBF Properties has paid public redevelopment costs in at least the principal amount of $500,000 in accordance to the Contract. Should you have any questions, please do not hesitate to call me at 271~3208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO (C)~ K ()\ ~ ~..9 ~ Ollie Koropchak Executive Director Enclosures . c: Brad Larson, Attorney Steve Bubul, HRA Attorney TIF District No. 1~22 File ~ ~. Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245. (612) 295-2711 · Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170. Fax: (612) 271-3272 NOV- 5-98 THU 11: 16 AM TWIN CITY HARDWARE FAX NO. 612 535 2005 P. 2 . ESTIMATE . 11-5..98 ROLFE McAFEE PO BOX 551 MONTICELLO MN 55362 612-295-5053 HOME PHONE f 612-535-4660 8AM-5PM M-F 612-535-2005 FAX THIS ESTIMATE IS FORTHE LIST OF JOSS GIVEN FORTHE HOUSE ON 3 WALNUT STREET BY OLLIE K. BID ASSUMES HRA WILL PAY FOR BUILDING PERMIT. ALL DISPOSAL AND HAULING Of ROOFTEAR OFF DEBRIS IS INCLUDED IN BID. BATHROOM: RECAULKTUB, REFIT DOOR AND REPLACE LOCK $80.00 ADVISE If NEW TOILET SEAT REQUIRED. OLD ONE IS CRACKED. NO BID FOR THIS ITEM INCLUDED. . UPSTAIRS NORTH BEDROOM/HALL: . REPLACE LIGHT FIXTURE IN NORTH BEDROOM, REPAIR/REPLACE FIXTURE IN HALL $55.00 SMOkE OETECfORS: INSTALL 5 DETEGORS TO MEET CODE. 3 UPSTAIRS, 1 lIVING ROOM, 1 BASEMENT. $100,00 FIRST FLOOR: REPAIR/REPLACE CLOSET CEILING. REPLACE INSULATION. $200.00 REPAIR/REPLACE DAMAGED EAST PORCH CEILING AND WALL PANELS, MOULDINGS. 5225.00 BASEMENT: REMOVE AND DISPOSE OF CRAWL. SPACE DEBRIS, DISMANTLE & REMOVE OLD FURNACE, FURNACE PARTS. S 120.00 GARAGE: REMOVE AND DISPOSE OF OIL BURNER. CHIMNEYTO REMAIN. $80.00 TREE BRANCH: REMOVE AND DISPOSE OF HANGING TREE BRANCH ON soUTH WEST CORN!:R OF LOT. $75.00 ROOFING: RE-ROOF 1/2 OF GARAGE ROOF OVER EXISTING (NO TEAR OFF). REPAIR SHINGLES NW CORNER OF HOUS~ ROOF, REPLACE BROKEN ROOF\FASCIA BOARDS, SHINGLES SW SIDE Of WEST ROOf PEAK. -1.1..J..2M9. . TOTAL BID: $2,095.00 . ~ '0. . . . JOHNSON, LARSON, & PETERSON, P.A. ATTORN YS AT LAW . JAN C. LARSON+ JOHN T. PETERSON+ JUHL S. HALVORSON CINDI S. MATT +Real Property Law Specialist Certified by Minnesota State Bar Association October 29, 1998 Ms. Ollie Koropchak City of Monticello P.O. Box 1147 250 East Broadway Monticello, MN 55362 Re: Richard and Marion Carlson Property/Purchase Agreement Dear Ms. Koropchak: My clients have contacted me concerning the offer extended by the City during the City Counsel's October meeting, offering to pay the sum of$500.00 to the Carlsons for a Right of First Refusal on the property. My clients appreciate the offer, but decline to accept same at this point in time. Based upon attorney's fees they have incurred to date, coupled with future attorney's fees in the review and examination of any Right of First Refusal Agreement, when compared to the $500.00 sum offered by the City, it would not be cost effective to them at this time to accept such an offer. . My clients have also asked me to follow-up on an offer made by the City during formal discussions occurring in October of 1997. At that time, the City had offered the Carlsons the use of the City garages located across the street from their property. The Carlsons would like to pursue this matter further, and discuss the use/rental of the City garages for the purpose of storing additional property that they have which was previously stored in their garage, which as you are aware, they no longer have. For the purpose of discussing use and rental by the Carl sons of the City's garages located across from their property, I would ask that you contact the Carl sons directly. However, any further discussions relating to the purchase of the Carlson property should remain directed to this office. Thank you. May I remain, . ~ ()...., . JTP :mar