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EDA Meeting Minutes - 09/14/2022MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, September 14th, 2022 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: President Steve Johnson, 011ie Koropchak-White, Hali Sittig and Councilmembers Lloyd Hilgart and Jim Davidson Commissioners Absent: Vice President Jon Morphew, Treasurer Tracy Hinz Staff Present: Executive Director Jim Thares, Hayden Stensgard 1. Call to Order President Steve Johnson called the regular meeting of the Monticello EDA to order at 6:00 p.m. 2. Roll Call Mr. Johnson called the roll. 3. Consideration of additional agenda items None 4. Consent Agenda a. Consideration of Arwroving Regular Meeting Minutes — June 22, 2022 b. Consideration of Approving Workshop Meeting Minutes —July 13, 2022 c. Consideration of Approving Regular Meeting Minutes — July 13, 2022 d. Consideration of Approving Payment of Bills OLLIE KOROPCHAK-WHITE MOVED TO APPROVE THE SEPTEMBER 14, 2022 REGULAR MEETING CONSENT AGENDA. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. Regular Agenda 5. Consideration of Authorizing a Budget Amendment to WSB Relocation Services Contract in the amount of $2,816 Executive Director Jim Thares provided an overview of the agenda item to the EDA and the public. The original contract was approved roughly two and a half years ago. The need for the updated budget request is partly due to an unexpected number of claims filed for relocation. HALI SITTIG MOVED TO AUTHORIZE AN AMENDMENT TO THE WSB PROFESSIONAL SERVICE RELOCATION ASSISTANCE CONTRACT INCREASING THE BUDGET AMOUNT BY $2,816. OLLIE KOROPCHAK-WHITE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. 6. Consideration of Sota Car Wash, LLC dba Due North GMEF Loan Subordination ($140,000) to Cor Trust Bank (CTB) for additional mortgage loan financing for Car Wash development located at 1301 Cedar Street Mr. Thares provided an overview of the agenda item to the EDA and the public. Due North Car Wash requested additional funding from Cor Trust Bank. The EDA is asked to act on the subordination, due to their connection with Due North through the Greater Monticello Enterprise Fund (GMEF). It was noted that the additional funding would be for the addition of a pylon sign along Highway 25, as well as additional vacuums on site. Mr. Thares suggested that the EDA approve the subordination contingent upon Due North agreeing to an automatic payment method with the EDA for their GMEF Loan payments. 011ie Koropchak-White asked if the Planning Commission has already approved plans for a pylon sign at the Due North Location. Community & Economic Development Coordinator Hayden Stensgard clarified that the sign permit process does not require Planning Commission review and approval. Sign permit applications are reviewed and approved/denied at the administrative level, and the Community Development Department has not received an application yet. Hali Sittig asked what the status of Due North's loan payments are with the City. Mr. Thares clarified that as of July 25, 2022, they were caught up on the June and July payments. As of September 14, 2022, neither the August nor September payments had been received. LLOYD HILGART MOVED TO APPROVE A LOAN SUBORDINATION AGREEMENT BETWEEN THE EDA AND CTB RELATED TO THE EDA'S $140,00 GMEF LOAN TO DUE NORTH In CONNECTION WITH AN ADDITIONAL $500,000 MORTGAGE LOAN FROM CTB TO DUE NORTH CONTINGENT ON EDA ATTORNEY REVIEW AND TO FURTHER REQUIRE NEW DUE NORTH PARTNER, NATE PIERSON, TO COMPLETE A PERSONAL GUARANTEE FORM SECURING THE EDA LOAN, AND REUQIRING DUE NORTH TO SET UP AN AUTOMATIC PAYMENT PROCESS FOR THEIR MONTHLY GMEF LOAN PAYMENTS. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. 6.5 Consideration of Authorizing Party Wall Agreement between the EDA, Block 52 Holdings, LLC, Buchholz Exchange, LLC and Norgren Exchange, LLC and John Thorud related to common shared wall between 121 and 149 West Broadway Mr. Thares provided an overview of the agenda item to the EDA and the public. This item was brought forth to the EDA due the Block 52 Redevelopment Project exposing a connection wall during the demolition process. The end building to be removed is connected to a building that will remain on the block. The party wall agreement will help ensure the exposed wall will be brought to the standards needed to become an exterior wall. LLOYD HILGART MOVED TO AUTHORIZE ENTERING INTO THE PARTY WALL AGREEMENT RELATED TO THE SHARED COMMON WALL BETWEEN 121 AND 149 WEST BROADWAY WITH BLOCK 52 HOLDINGS, LLC, BUCHHOLZ EXCHANGE, LLC, NORGREN EXCHANGE, LLC AND JOHN THORUD. HALI SITTIG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. 6.75 Consideration of Resolution No. 2022-28 Approving Restated Purchase and Development Contract containing a Grant and Business Subsidy Agreement with Block 52 Holdings, LLC, Buchholz Exchange, LLC and Norgren Exchange, LLC (fka Deephaven Development) for Lot 2, Block 1, Block 52 First Addition, in the amount of $1,351,617 related to a proposed Mixed -Use Commercial -Residential Development in connection with and supported by Redevelopment TIF District No. 1-45 Mr. Thares provided an overview of the agenda item to the EDA and the Public. The need for the restated Purchase and Development Contract related to the EDA land on Block 52 in Monticello, is due to the addition of two developer equity partners being added to the overall development project. Originally, it was understood that the developer would purchase the property for $1, and subsequently pay the EDA back through the TIF District. The restated purchase and development contract will include the upfront cost of the land. This is a request made by the developer to satisfy IRS (Internal Revenue Service) 1031 Exchange rules. Mr. Johnson asked if payment for the land up front will include similar limitations towards how those funds can be used in the future when collected over time through the TIF District. Mr. Thares clarified that there are no restrictions on what the EDA can do with the money received from the land sale. The funds will go into the EDA General Fund. JIM DAVIDSON MOVED TO ADOPT RESOLUTION NO. 2022-28 AUTHORIZING A RESTATED PURCHASE AND REDEVELOPMENT CONTRACT CONTAINING A GRANT AND BUSINESS SUBSIDY AGREEMENT WITH BLOCK 52 HOLDINGS, LLC, BUCHHOLZ EXCHANGE, LLC AND NORGREN EXCHANGE, LLC FOR THE CONVEYANCE OF LOT 2, BLOCK 1, BLOCK 52 FIRST ADDITION, IN THE AMOUNT OF $1,351,617 RELATED TO A PROPOSED MIXED -USE COMMERCIAL -RESIDENTIAL DEVELOPMENT IN CONNECTION WITH AND SUPPORTED BY REDEVELOPMENT TIF DISTRICT NO. 1-45. OLLIE KOROPCHAK-WHITE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. Further discussion ensued related to the need for a potential special meeting on Friday, September 16, 2022. The EDA unanimously decided that instead of holding a special meeting on Friday to review and consider, they would agree to the revised documents at issue contingent upon review and advice from the Monticello EDA Attorney. 7. Economic Development Manager's Report Mr. Thares provided an overview of the agenda item to the EDA and the public. 8. Adjourn OLLIE KOROPCHAK-WHITE MOVED TO ADJOURN THE REGULAR MEETING OF THE MONTICELLO EDA. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0. MEETING ADJOURNED AT 7:01 P.M. Recorded By: Hayden Stensgard /0 Date Approved: November 9, 2022 m Thar�s, Executive Director