HomeMy WebLinkAboutApr 4 2016 EDA Min
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
APRIL 4, 2016 IN CONFERENCE ROOM 1
The meeting was called to order at 6:30 pm by Gary Peterson.
Members Present: Donna Schmitt, Gary Peterson, John Murzyn, Marlaine Szurek, Bobby
Williams, Bruce Nawrocki ,and Gerry Herringer
Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, Joseph Kloiber, and Shelley
Hanson.
PLEDGE OF ALLEGIANCE-
RECITED
CONSENT ITEMS
1.Approve the Minutes from March 7 and March 15, 2016
.
2.Approve the Financial Report and Payment of Bills for February 2016 on Resolution
2016-07.
Questions by Members:
Herringer asked what the payment to Carlson McCain was for. Dahl stated that is for finishing
some of the environmental remediation work that was started in 2004.
Motion by Nawrocki, seconded by Szurek, to waive the reading of Resolution 2016-07
there being an ample amount of copies available to the public. All ayes. MOTION
PASSED.
Motion by Nawrocki , seconded by Szurek, to approve the consent agenda as presented.
All ayes. MOTION PASSED.
RESOLUTION NO. 2016-07
A Resolution of the Economic Development Authority of Columbia Heights, Minnesota,
Approving the Financial Statements for Month of February, 2016 and the Payment of the
Bills for the Month of February, 2016.
WHEREAS,
the Columbia Heights Economic Development Authority (EDA) is required by
Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which
shows all receipts and disbursements, their nature, the money on hand, the purposes to which the
money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and
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April 4, 2016
WHEREAS,
said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills
and if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS,
the financial statement for the month of February, 2016 has been reviewed by the EDA
Commission; and
WHEREAS,
the EDA has examined the financial statements and finds them to be acceptable as to both
form and accuracy; and
WHEREAS,
the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9,
including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets,
Audits and similar documentation; and
WHEREAS,
financials statements are held by the City’s Finance Department in a method outlined by the
State of Minnesota’s Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED
by the Board of Commissioners of the Columbia Heights
Economic Development Authority that it has examined the referenced financial statements including the
check history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED
the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED
this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
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Passed this 4 day of April, 2016.
Motion by: Nawrocki
Seconded by: Szurek
BUSINESS ITEM
1.Ratifying the Approval of a Second Amended and Restated Contract for Private
Redevelopment with the City of Columbia Heights and Columbia Heights Leased
Housing Associates I, LLP-Resolution 2016-08
Dahl stated that on October 12, 2015, the Economic Development Authority authorized the
execution of the Second Amended and Restated Contract for Private Development at Huset Park
with Columbia Heights Leased Housing Associates I, LLLP (Dominium). The contract was
approved, contingent upon that no modifications affect the substance of the transaction. Before
the contract was executed, Dominium proposed a modification to incorporate additional
language, a new Section 3.5(b) relating to the refunding of the EDA’s outstanding Tax Increment
Revenue Bond, series 2007. This additional language constitutes a modification to the substance
of the transaction, which requires approval by the EDA and the City.
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April 4, 2016
Previously, during negotiations the City, the EDA and Dominium discussed the possibility of
refunding the EDA’s Bonds, which were originally issued to finance the public infrastructure for
the Huset Park development. The Bonds are secured by a first-priority pledge of tax increment
from the TIF District. The EDA also issued a TIF Note to the original redeveloper, which has
been assigned to Dominium. The TIF Note is also secured by tax increment, but on a
subordinate basis to the Bonds. If the Bonds are refunded at a lower interest rate, less increment
will be required to pay debt service on the Bonds, which will result in a greater amount of left-
over increment available to pay the principal and interest on the TIF Note.
At the time the EDA and City approved the Second Amended and Restated Contract for Private
Redevelopment, the parties had not come to an agreement on the refunding of the Bonds, and
therefore the refunding concept was not included in the contract. At the beginning of 2016,
however, the Redeveloper expressed renewed interest in the refunding. The parties have
negotiated a new Section 3.5(b) to the contract adding the following:
The EDA will issue refunding bonds to achieve debt service savings.
The Redeveloper will pay all costs associated with the issuance of the refunding bonds.
The Redeveloper will pay an administrative fee of $100,000 to the EDA, to be deposited
into a redevelopment fund designated by the EDA and the City.
Staff recommends ratifying the approval to the Second Amended and Restated Development
Contract for Private Development between the Economic Development Authority, the City of
Columbia Heights and Columbia Heights Leased Housing Associates I, LLLP. A copy of the
Amended Contract was given to the members for review prior to the meeting and is on file.
Questions from Members:
Fehst asked how much was being re-financed. Kloiber stated that 2.475 million is being re-
financed out of the original 2.9 million that began in 2007. Kloiber went on to say that because
this bond is generating a lower interest amount, the administrative fee of $100,000 payable to the
EDA was part of the negotiated agreement.
Nawrocki asked what happens if the debt service is not paid. Fehst stated that it is not the City’s
responsibility to make the payments. Nawrocki then asked how many years were left on the re-
payment schedule. Hogeboom stated the original bonds were issued in 2007 for 20 years. So
there is 11-12 years left. Nawrocki asked what the taxes would be once the building is finished
if it wasn’t in the TIF District. Hogeboom said he would get Nawrocki that figure. Fehst
reminded members that if the site had not been in a TIF District, redevelopment probably would
never have happened since it enabled the City to qualify for grant funds to assist with the clean -
up of the site.
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April 4, 2016
Kloiber said even if Dominium or Shafer Richardson weren’t involved, the re-financing of the
bonds would still be on the table to lower the interest rate.
Herringer asked if the time table for it to come off the TIF status remains the same. Kloiber said
it did. Kloiber also explained to members how the City receives the funds and then the funds are
applied to the “Pay as you Go” notes, which is in the City’s best interest overall.
Schmitt asked when we get the $100,000 in administrative fees. Hogeboom stated at the time of
the re-financing.
Szurek asked when the ground breaking would be. Hogeboom stated they want to start mid-
May.
Motion by Szurek , seconded by Williams , to waive the reading of Resolution 2016-08, there
being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Szurek , seconded byWilliams, to adopt Resolution 2016-08, Resolution Ratifying the
Approval a Second Amended and Restated Contract for Private Redevelopment between the
Columbia Heights Economic Development Authority, the City of Columbia Heights, and
Columbia Heights Leased Housing Associates I, LLLP for the “Redeveloper Parcels” at Huset
Park Senior Living. All ayes. MOTION PASSED.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2016-08
RESOLUTION RATIFYING APPROVAL OF A SECOND AMENDED AND
RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY
OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING
ASSOCIATES I, LLLP
BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic
Development Authority ("Authority") as follows:
Section 1. Recitals.
1.01. The Authority, the City of Columbia Heights (the “City”), and Columbia Heights Leased
Housing Associates I, LLLP (the “Developer”) have negotiated a Second Amended and Restated Contract
for Private Redevelopment (the “Contract”) to allow for the redevelopment of certain property originally
included in a Contract for Private Redevelopment between the City, Authority, and Shafer Richardson
dated as of October 25, 2004, as previously amended and restated (the “Prior Contract”), regarding
redevelopment of certain property within the City located in the area known as Huset Park (the
“Redevelopment Property”).
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April 4, 2016
1.02. The Authority previously approved the Contract on October 12, 2015, subject to
modifications that do not alter the substance of the transaction, and the Redeveloper has acquired the
Redevelopment Property, but the Contract has not been fully executed.
1.03. The Authority, the City and the Redeveloper have proposed to modify Section 3.5 of the
Contract to allow for the refunding of the Authority’s outstanding Tax Increment Revenue Bonds, Series
2007, to achieve debt service savings. This revision constitutes a modification that alters the substance of the
transaction, and as such requires the approval of the Authority and City.
1.04. The Board has reviewed the Contract as proposed to be revised and finds that the execution
thereof and performance of the Authority’s obligations thereunder are in the best interest of the City and its
residents.
Section 2. Authority Ratification of Approval; Further Proceedings.
2.01. The Contract as presented to the Board is hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the President and
Executive Director, provided that execution of the documents by such officials shall be conclusive evidence
of approval.
2.02. The President and Executive Director are hereby authorized to execute on behalf of the
Authority the Contract and any documents referenced therein requiring execution by the Authority, and to
carry out, on behalf of the Authority its obligations thereunder.
Approved by the Board of Commissioners of the Columbia Heights Economic Development
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Authority this 4 day of April, 2016.
President
ATTEST:
Secretary
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April 4, 2016
OTHER BUSINESS
There was no other business to discuss.
The meeting was adjourned at 7:00 pm.
Respectfully submitted,
Shelley Hanson,
Secretary