HomeMy WebLinkAboutEDA MIN 05-23-06
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
May 23, 2006
CALL TO ORDER/ROLL CALL
President, Murzyn, Jr. called the meeting to order at 7:07 p.m.
Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera
Diehm, Gary L. Peterson and Bruce Kelzenberg
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approve Minutes of March 26, 2006 regular meeting and the Financial Report and Payment of
Bills for the months of March and April, on Resolution 2006-03.
Nawrocki asked if there are two separate checking accounts, as in March staff only spent $1,600
dollars, which is hard to believe. Streetar stated payroll and any other deductions that finance
would deduct automatically, without writing a check processed from our department aren't
shown on the check history.
Nawrocki stated in the April budget there is a check written to TR Computers, what is that for.
Streetar stated the City bought a program called Cityview that should have worked for permits
also, but later found out it did not. Staff researched other similar products and purchased the
Permit Works Program and the amount listed is for the software, installation and training.
MOTION by Diehm, second by Peterson, to approve the consent agenda Items #3 and #4 as
listed. All ayes. Motion Carried.
BUSINESS ITEMS
Resolution 2006-04. Sarna Contract for Private Redevelopment
Schumacher stated the EDA board authorized staff to work with Sarna Inc. in developing a
contract for private development for construction of a restaurant on the corner of 40th and
university. Due to some complexities with the property like: MNDOT, frontage road turn back,
site easements, title issues, road vacations, access agreements, utility relocations, off site
improvements for M.E. Global and associated costs sharing, and soil correction and
contamination. This contract was delayed until now. To date the approved actions on this
project are: 1) preliminary plat; 2) 1st reading for the vacation of lookout place by City Council;
and 3) variance application. The next step would be for the final plat approval by Planning &
Zoning and City Council and the 2nd reading of the vacation of lookout place. EDA board
established a purchase price of $75,000, the developer requested a credit for environmental and
geotechnical soil corrections in the amount of $120,350. The City obtained a CDBG grant for
soil correction in the amount of $64,000 to offset a portion of these costs. The $56,000 baiance
would be deducted from the $75,000 sale price, leaving a development agreement final price of
$18,650. This write down is consistent with the assistance given to the redevelopment of the
Industrial Park.
Nawrocki stated the price of $18,650 is ludicrous, we paid a consultant to do a financial review,
who talked about $7.00/ square foot on the low range and asked who is Sarna Inc. and have we
looked at their finances.
Schumacher stated Mr. Sarna is one of the officers. Mr. Norton, Kennedy & Graven, stated the
company is registered with the State, they are a viable corporation, Kennedy & Graven does not
look into their finances and stated he did know the officers are listed with the Secretary of State.
Economic Development Authority Meeting Minutes
May 23, 2006
Page 2 of8
Nawrocki stated on page 8, (v) the redeveloper paying fee in lieu of providing on-site storm water
ponding, how is the storm water ponding, going to be handled on this site and will the $37,400
cover all of the costs. Schumacher stated they will be handled with an 18" storm sewer pipe,
and that he got the $37,400 figure from the City Engineers and that Kevin Hansen would deal
with it if it wasn't enough.
Nawrocki stated page 8, Section 3.4 Title, has all of the title issues been resolved. Norton stated
they have been.
Nawrocki asked on page 13.9 Administrative Costs, what are they. Schumacher stated they are
primarily legal costs for Kennedy & Graven, not staff time. Nawrocki asked if that is the case,
why are we charging the residents of Parkview Villa approximately $35,000 per year for staff
time. Streetar stated that was a good question. Staff could always charge their time on a project,
when in fact what that does is extends the Tax Increment District. To use Parkview Villa as a
comparison is okay but there is a few hundred thousand dollars in debt service every year that
they don't pay. In the City we charge based on what the project costs, we don't charge for this
because it is in a TIF district, the decision is when we would get paid back. Nawrocki asked
about the cost of the attorney. Schumacher stated his fees are a part of this agreement.
Murzyn Jr. asked if the administrative fees aren't a part of the Parkview Villa budget, so that it is
voted on yearly. Streetar stated yes it is.
Nawrocki asked where is a picture of the property. Streetar stated there isn't a copy in the
packet as that would come later with the final plat before the Planning Commission and City
Council. They have already approved the preliminary plat.
Nawrocki stated we have already approved the parking, and wondered what the width of the
spaces would be. Streetar stated they are 9 feet. Murzyn Jr. asked, if that wasn't already
agreed upon by Gondek and Sarna's. Schumacher stated it was.
Nawrocki asked what the size of the alley would be. Schumacher stated he did not see it listed
in the agreement, but Kevin Hansen put it in the development agreement that it is the
responsibility of the developer to meet the City standards for sidewalks, alley construction, curb
and gutter, that is why we have a $94,000 escrow to make sure it is done correctly. Fehst stated
it is generally 12 feet. Schumacher stated Hansen has to base the figures on the size of
snowplows, maintenance trucks, etc.
Resident, Joyce Shellito stated she asked to be notified about meetings, this one she wasn't
notified, she received a letter a while ago about a Planning & Zoning meeting and found out that
day the meeting was cancelled by calling the City, she wanted to know who pays for this.
Murzyn Jr. stated the City does, he did not know what this instance was, but things are dropped
from meeting agendas periodically.
Resident, Michael Gondek stated there are approximately 20 to 25 trees on the site that he
would hope would get some of them replaced, not the same ones, but some new ones. Murzyn
Jr. asked if this agreement shows trees. Schumacher stated on the final plat that goes to the
Planning & Zoning commission it will show the landscaping.
Diehm stated that repeatedly they have heard from Nawrocki that our own consultant valued this
property at $7.00/square foot. It was her understanding there was one statement in the report
we got, which said that restaurant property in the Twin Cities goes for an amount equal to
$7.00/square foot, and wanted to be clear that wasn't making any representation about the value
Economic Development Authority Meeting Minutes
May 23, 2006
Page 3 of8
of this property and that she felt some of that value was impacted by some of the contamination
found on the property. It was important to her to make sure that was clear. Nawrocki stated he
disagreed because we hired a consultant to give us an estimate of the property, and that is what
they said.
Nawrocki asked where M.E. Global is on this and what happens to the highway property
adjacent to their property. Schumacher stated M.E. Global is just to the south, the highway
property will be removed all the way from 40th down to 37'h, in front of the Schafer Richardson
project and ME Global would receive a new driveway. Staff has a pretty good relationship with
their staff and they are in the process of executing a deed that will come before City Council.
Peterson stated most of the questions that have come up tonight, have been addressed with the
satisfaction of the Sarna's and Mr. Gondek, we have the alley required, we have the landscape,
utilities and other issues resolved, we need to stop wasting everyone's time and make a
decision.
Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2006-04, a Resolution
Approving a Contract for Private Redevelopment, including the sale of land, between the
Columbia Heights Economic Development Authority and Sarna's Inc; and furthermore, to
authorize the President and Executive Director to enter into an agreement for the same.
Nawrocki stated he doesn't have the same relationship that the mayor has with the Sarna's.
Shellito stated she doesn't have that relationship with them either, she was told they would be
getting the trees and fencing along the property, and it doesn't look like that on here. Peterson
stated we require an 80% opaque fence, which Mr. Gondek doesn't want, so that is something
that will be addressed at the Planning Commission meeting. His relationship with the Sarna's is
that he has met with them many times, and did go to school with the Soltz brothers, who
represent the Sarna's. Nawrocki stated he begged to differ, you want to ask a question at a
public meeting, Shellito was right, there were discussions in the past regarding fencing,
screening and so forth, and now they are trying to change them.
Streetar stated that we probably won't be able to solve all of Mrs. Shellito's problems tonight, but
the planning commission meeting is a great place to be to solve the issues on trees, fencing,
which is a public hearing and then you'll have another opportunity to speak on these issues at
the City Council meeting.
Nawrocki stated then we would hear the old story, that it was all resolved at a previous meeting
held someplace else. Streetar stated our ordinances are very clear as to what landscaping
developers can do.
Upon Vote: Jindra-aye, Nawrocki-nay, Williams- aye, Diehm-aye, Kelzenberg-aye, Peterson-
aye, Murzyn-aye. Motion Carried.
Fehst said you can do these deals many ways, like we could have charged you $300,000 and
you would not have done the project, this was a result of constant negotiating, the property is
very difficult for a one patron piece of land and wanted to thank staff and the Sarna's for all their
time spent on this.
Nawrocki stated as long as he brought up the subject of values, what did Taco bell pay for the
car wash property. Fehst stated $500,000, so what we aren't putting anything into the property,
the property were talking about tonight has a lot of problems.
Economic Development Authority Meeting Minutes
May 23, 2006
Page 4 of8
Preliminary Development Ameement with Sherman and Associates
Streetar stated the EDA directed staff to work with have Sherman and Associates Inc. to prepare
a Preliminary Development Agreement for the 39th and Central project area. This area was cited
for redevelopment in 2002. Since then, we have completed the following: 1) acquired and
demolished the Burger King; 2) completed inspections of all three properties, which shows they
are blighted, and would qualify for TIF funding; 3) completed a phase I environmental site
assessment, indicating a high probability of contaminated soils; 4) completed phase II
environmental site assessment, which the report is expected to be complete in August; 5)
completed real estate and fixture appraisals; 6) toured six other infill redevelopment sites in
other metro area cities; and 7) prepared four redevelopment concepts with assistance of DSU.
Sherman must conform to the goals of the Design Guidelines, the Comprehensive Plan, and the
feedback from community meetings, as weli as the planning concepts and EDA feedback.
Streetar stated he also talked to Becky Loader at the library, who said they would like you to
consider putting the City Library on the main level, which he felt would add to the amenities of
the City and of Central Avenue. If this is something the board is interested in, please let staff
know tonight.
Loren Bruggemann, Vice President of Sherman and Associates, stated they have been around
since 1991, do about 1,000 units of housing per year, half for rent and half for sale, currently
working in Des Moines, Duluth, St. Paul, Milwaukee, this project was exposed through DSU and
the EDA. His feedback is that site has potential for senior housing, with some commercial,
some retail that might be separate, some value in having a City entity in the building, and that
they are willing to look into any ideas the board may have.
Fehst said Bruggemann mentioned the retail part might be separate, and in talking to the City
Manager of Little Canada they had built a unit with retail below, that does not work, what makes
it work. Bruggemann stated it depends on your site, in Robbinsdale, that wasn't a good site, in
Falcon Heights it is an excellent site, you have to think of the retail as an amenity to the
residents. In both cases you are talking about the rental fees, it is an underwriting qualification.
Nawrocki stated they did the Bottineau Project on University and 18th, which he didn't feel would
be very desirable in our community, as they are mostly rental. They also did a project in Falcon
Heights, which was very nice. He strongly felt we should go out for bids and had talked to
Streetar about it, who told him to call Murzyn Jr. and didn't hear anything more. He called
Streetar a week or so ago and asked if we were going out for bids and he said no. Murzyn Jr.
stated the board said we are going to do this and just because you called me, does mean he
can just go ahead and change the board's decision to entertain a proposal about doing the
development. Nawrocki stated he didn't realize the board had made a decision to go ahead with
this outfit and that means we can't talk to anyone else. Murzyn Jr. stated, no, it does not.
Nawrocki stated he did some checking on the company and Sherman doesn't put very much of
their money into a project, but uses others. Bruggemann stated that was a very unfair statement.
Fehst stated there are two things he agreed with: 1) Sherman isn't going to be involved unless
they are going to make a profit; and 2) we aren't going to get into an agreement that we aren't
interested in.
Streetar stated if you look in the agreement, the council isn't tied to this concept, the
comprehensive plan goals and the feedback we had from the residents meetings, it provides a
broad goal. Mr. Nawrocki as your always saying, the market will decide, there may be more than
a few opportunities. What Sherman is saying is this is the broad picture. You have a choice of
what goes there.
Economic Development Authority Meeting Minutes
May 23, 2006
Page 5 of8
Diehm asked if we are spending any money to get into this agreement? Streetar said no. Diehm
asked are they covering our costs incurred from the investigation of the property? Streetar said
yes. Diehm asked are we obligated to agree to anything that they bring back to us? Streetar said
No.
Bruggemann stated they use a lot of market tax credit, their most significant project where they
used this is the Sears project, one that if you talked to the mayor and City Council of Minneapolis
they would say in the beginning the project was a no go.
Streetar stated a broker from United Properties contacted him about three weeks ago about an
Old Chicago Restaurant possibly locating on Central Avenue, which he directed him to Sherman
and Associates. Bruggemann stated he did talk to them, and that certainly is a possibility for the
site.
Streetar stated we are talking about three parcels, Burger King, Mady's and White Rental, if you
want to include more of the housing area, let us know tonight. Murzyn Jr. stated personally, he
would like to see housing off of Central Avenue. Kelzenberg agreed.
Motion by Diehm, second by Peterson, to execute the Preliminary Development Agreement
between the EDA and Sherman and Associates, Inc.; and furthermore, to authorize the
President and Executive Director to enter into an agreement for the same.
Kelzenberg told the board he is on the library board and at their recent meeting, they decided
they would like to be somewhere else, they would prefer to be somewhere else in the City.
Peterson stated when we first saw the development concepts we thought they were very
interesting, residents have called him saying you brag about Columbia Heights, where is the
shopping, he felt this was a good mix. Sitting in this meeting we look very anti-business, but we
really aren't, we want to go into an agreement with a good relationship, we want increased tax
dollars in the City, and we want to work together as partners to accomplish both of our goals.
Mr. Lentness, owner of the Heights Theater stated any kind of restaurant that isn't fast food
would be great for his clients. It is a strong incentive with the new housing and shopping to draw
people into the City, there is something exciting and inviting in the City.
Upon Vote: Nawrocki-nay, Jindra-aye, Williams-aye, Kelzenberg-aye, Peterson-aye, Diehm-aye,
Murzyn-aye. Motion Carried.
Industrial Park Redevelopment Update
Schumacher stated Stacie Kvilvang and Mark Ruff from Ehlers, Jim Crowl, from ProSource are
here to answer questions. Phase is doing quite well, six models are available, 50% of the
lighting is up along the parkway, focusing on finishing the round about by June 5, in time for the
jamboree, landscape architect has a couple of ideas for the city council to look at, all curbing is
in from Jefferson to 5th, all storm sewers are in, grading has been done, planting will be done
around the base of the holding pond, packing trails.
Phase II, where the foundry was, the City has completed with the contamination, some storm
sewer replacement is done, Schafer Richardson and Ryland are removing the Linseed Oil on the
southeast corner, which isn't considered a contaminant by the MPCA, but they are going to
remove it by there own choice.
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May 23,2006
Page 6 of8
Phase III is coming along and you should see some construction in the next week or so. They
will be starting the bidding process to clean up the Grief Site contamination.
Williams asked if Ryland has said where the people are coming from that are buying the units.
Schumacher stated about a third are from the community, with the average sale price of
$247,000, which is a little higher than the $230,000 we had anticipated.
Stacie Kvilvang, Ehlers & Associates stated since the EDA and City signed the Development
Agreement with Schafer Richardson back in 2004, they wanted to give the board an update on
the TIF status. The budgets are based on estimates and tell you how the project will perform,
we don't know what the actual costs will be until you get into the project. So far, the project has
over projected. There are three costs: 1) property acquisition increased by $852,000. Grief
property came in below estimate and Schafer Richardson property came in at $510,000; 2)
Remediation not funded by grants which is currently at $1.4 million. She commended staff in
getting so much funding from other sources, as usually cities don't work this hard; and 3)
relocation not funded by grants- this is over budget by $1,065,000. There are several factors
that go into that: a) until you actually get into the property to see what they have; b) understand
what is considered fixtures; and c) look at the relocation areas that would work for them. Keep in
mind these businesses are not getting rich from this, if they don't use the money, they don't get
it.
Nawrocki asked why Schafer Richardson's property remediation was higher when they are the
developer and who makes up the difference. Ruff stated that in the beginning we set up a
process where we would undertake an appraisal and if they didn't like that number they would
get one themselves, we would discuss the appraisals, come up with a more reasonable price
and the difference would come out of TIF. Their relocation process was lower as they kept their
property rented until they actually needed to relocate.
Kvilvang stated there are several factors which will determine the need for additional TIF and/or
a longer term of TIF: 1) final costs are higher/lower than current projected estimates; 2) the
reduction in overall tax rate will generate less TIF over time; 3) unsuccessful procurement of
grants by the City to offset the increased costs associated with remediation; 4) unit sale prices
that are higher than anticipated can potentially reduce the term of existing or additional TIF
required; and 5) interest rates on final debt may be higher or lower than estimates.
Nawrocki asked if Schafer Richardson is getting tax funds now. Ruff stated no. Nawrocki asked
why are we looking at it now if they aren't getting any money. Ruff stated there are a couple of
reasons: 1) It is much easier to remember if the numbers are fresh in your mind and 2) there
was another TIF project that we didn't do this on and the numbers came up as a surprise, so we
want to avoid that happening again. Stacie has four books full of invoices on her desk of
expenses that she reviews and determines which are eligible.
Nawrocki stated there should be a running total on what the costs are. Ruff stated we have
been verifying costs, environmental costs have not been made, so he cannot tell you about that
yet, but if you wanted to know what the City has been billed by Ehlers or anyone else, he has a
spreadsheet that he could show him, and that all out of pocket expenses have been billed to the
developer. .
Nawrocki said Streetar has showed him some costs on paper, maybe dumby me, but I still don't
know what the running total is for the tax increment cost. He would think everybody would be
interested in how we are doing on this project. It blows his mind that nobody seems worried
about it. Ruff stated he would be more than willing to come in and explain it to the board.
Economic Development Authority Meeting Minutes
May 23,2006
Page 7 of8
Stacie stated she only brought the larger costs. Streetar stated in the development agreement
there is a schedule H, what they are saying today is this is the difference between that $7.9
million and what we know today. Nawrocki stated he still isn't satisfied that we've got a handle
on where we are running on this project, it blows his mind, and would bet in a private enterprise
people would be watching the books a hell of a lot closer. Streetar stated he had to disagree
and doesn't think there is evidence to support that, you've got City staff, the developer, Ehlers
staff, Met Council and the auditor checking these numbers, and they don't have a problem, they
understand them. Nawrocki said, okay so I'm a dumby, if you are so God Damn smart, you ought
to be able to show me. Murzyn Jr. stated we understand that you may need some kind of
explanation to help you understand it, that is wonderful, but lets not do it on the board's time.
Nawrocki stated he is saying this is a public meeting and that kind of information should be
public, that's part of it. Murzyn Jr. stated maybe we should bring in those damn books and go
over the expenses page by page so we can see what they are, because you don't think the
people that are required to do that are doing a good job. Nawrocki stated well your entitled to
your thoughts, I'm entitled to mine, and I need to feel comfortable when I talk to the good citizens
of the community that I am giving them good information.
Ruff stated what Stacie is trying to say is this is what we estimated before and this is where we
are today. Nawrocki stated this is not the information he has been asking for at Council
meetings. He has talked to Streetar, maybe he is so damn smart and I'm so damn dumb, he
isn't understanding, but he needs someone to make it clear, whether if it's you or someone else,
his looking for a better financial report on where we are.
Ruff stated Stacie said the information you would like to know is: 1) the tax increment district will
run three years long because of all these costs, and what Stacie went over was that we can't
make that factual statement, because we don't know what interest rates are, we don't know tax
rates are, we don't know what property values are, and we don't know who the tax rate will be
built out, so make a public statement like that we would have to come back and retract it in a
year or two is probably more harmful for the Cities reputation than updating you as we are
tonight.
Schumacher stated he asked Jim Crowl from ProSource to be here to answer any questions on
clean up issues. So if you have anything, please ask him at this time. He had to say that
ProSource has been the best company to work with on this project; they check figures, they do a
very good job and should be commended for it.
ADMINISTRATIVE REPORTS
Activitv Center
Streetar stated on June 5 at the City Council work session, the Community Center Committee is
going to present the communications plan to City Council for comment and review. The
Communications Plan is the need statement and key messages to key stakeholder groups in the
City. There are two members of the committee; Barbara Miller and Kathryn Vesley that
advocated strongly for a Community Center to include a Library. He suggested they come to the
June 5 work session to see what direction the City Council would like to go in considering a
Library.
The group has met twice. The first meeting was at Murzyn Hall. The second meeting was a bus
tour to two other cities (Andover and New Brighton) to see what their Community Centers are
like. Mr. Nawrocki attended and the third meeting to be held tomorrow night at 7 pm at Grand
Central lofts to prepare for the work session.
Economic Development Authority Meeting Minutes
May 23, 2006
Page 80f8
Heritaqe Heights
On June 51h, this group will be at the work session to update the city on what they have been
working on. They have met and prepared five concepts for the area. The first four are a
combination of commercial and residential and the fifth one incorporates a Community Center
for the simple reason that under the new eminent domain law there will be no redevelopment in
that area, unless you could acquire the buildings voluntarily.
Nawrocki stated he heard the legislature passed the eminent domain bill. During its travel
through the legislature, Barb Goodwin tried hard to get the Columbia Heights projects exempt
from the legislation bill and was not successful. The final legislation that was passed, as he
understands it, exempts all projects that are underway. He had two questions: 1) is that true and
2) what is the standard for projects to be considered exempt. Streetar stated if you certified a
TIF district on or before February 1s1 of 2006 it would be exempt. If this were a year ago, our
Industrial Park would not be considered blighted, the project would not have happened. In order
to be considered blighted a parcel has to exceed 100% of the estimated market value, which we
don't really have out here.
Nawrocki asked if the Mady's site would be eligible. Streetar said no, but that property is so
contaminated it might qualify, we just don't know at this time. Jim Crowl stated there was a
dump on the site years ago, ProSource took a backhoe and found extensive contamination,
which starts at the Burger King site and extends to both of the other properties, we would look at
the cost of the clean up, and then you would get the answer that Bob was talking about.
ADJOURNMENT
Motion by Peterson, second by Diehm, to adjourn the meeting at 9:28pm. All ayes. Motion
Carried.
Respectfully submitted,
~,~d'~-
Cheryl Bakken
Community Development Secretary
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