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090814 EDA CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 EDA Minutes September 8, 2014 Regular Meeting City Hall CALL TO ORDER President Hemken called the meeting of the Economic Development Authority to order at 7:56 p.m. ROLL CALL Present: Kathi Hemken, President John Elder, Commissioner Andy Hoffe, Commissioner Eric Lammle, Commissioner Daniel Stauner, Commissioner Staff Present: Kirk McDonald, City Manager Jeff Alger, Community Development Assistant Aaron Chirpich, Community Development Specialist Valerie Leone, City Clerk Chris Long, City Engineer Bob Paschke, Director of Public Works Jeff Sargent, Director of Community Development Steve Sondrall, City Attorney Stacy Woods, Assistant City Attorney APPROVE MINUTES Motion was made by Commissioner Hoffe, seconded by Commissioner Elder, to approve the regular meeting minutes of July 28, 2014. Voting in favor: Hemken, Elder, Hoffe, Stauner; voting against: None; Absent: None; Abstained: Lammle. Motion carried. CITY CENTER TIF President Hemken introduced for discussion EDA Item 4, Resolution DISTRICT adopting a modification to the redevelopment plan for Redevelopment Project IMP. PROJECT 893 No. 1; and establishing the City Center Tax Increment Financing District Item 4 therein and adopting a tax increment financing plan therefor (project no. 893). Mr. Kirk McDonald, city manager, stated the resolution before the EDA is similar to the one adopted by the City Council following the public hearing. RESOLUTION 2014-14 Commissioner Lammle introduced the following resolution and moved its Item 4 adoption “RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1; AND ESTABLISHING THE CITY CENTER TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR (PROJECT NO. 893).” The motion for the adoption of the foregoing resolution was seconded by Commissioner Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and the following voted against the same: None; Abstained: None; Absent: None, whereupon EDA Meeting Page 1September 8, 2014 the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. Item 5 Mr. Kirk McDonald, city manager, requested the EDA postpone discussion on Item 5 as it is a public hearing scheduled at 8 p.m. or later. INTERFUND LOAN President Hemken introduced for discussion EDA Item 6, Resolution Item 6 authorizing and ratifying an interfund loan for advance of certain costs in connection with the City Center Redevelopment Tax Increment Financing District. Ms. Stacie Kvilvang, Ehlers Inc., stated the EDA is being asked to combine an existing interfund loan (approved by the EDA in 2013) and authorize combining it with a new interfund loan for up to $8 million from EDA funds including its development fund and existing TIF Districts 85-1, 85-2, and 86-1. She explained the EDA will reimburse these funds for costs related to the city center redevelopment. The action provides the EDA with flexibility to reimburse itself in the future when TIF funds are available from the newly created City Center TIF District. She stated the EDA should review all cash flow and make a decision in the future regarding whether to bond or not. Commissioner Stauner inquired whether the loan could be used for acquisition and demolition costs. Ms. Kvilvang responded affirmatively. RESOLUTION 2014-15 Commissioner Elder introduced the following resolution and moved its Item 6 adoption “RESOLUTION AUTHORIZING AND RATIFYING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE CITY CENTER REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT.” The motion for the adoption of the foregoing resolution was seconded by Commissioner Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and the following voted against the same: None; Abstained: None; Absent: None, whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. 2015 EDA LEVY President Hemken introduced for discussion EDA Item 7, Resolution Item 7 authorizing the proposed levy of a special benefit levy pursuant to Minnesota Statutes, Section 469.033, subdivision 6 and approval of a preliminary budget for fiscal year 2015. Mr. Kirk McDonald, city manager, stated the Council will be reviewing the General Fund budget during the Council Meeting. He stated the EDA must adopt a resolution authorizing the levy. He reported the levy is $150,000 which is the same amount as last year. Ms. Jean McGann, AEM, stated the EDA is asked to pass the resolution and recommend action to the City Council. She stated the EDA must adopt a resolution for its levy prior to City Council action. EDA Meeting Page 2September 8, 2014 RESOLUTION 2014-16 Commissioner Lammle introduced the following resolution and moved its Item 7 adoption “RESOLUTION AUTHORIZING THE PROPOSED LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A PRELIMINARY BUDGET FOR FISCAL YEAR 2015.” The motion for the adoption of the foregoing resolution was seconded by Commissioner Stauner, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and the following voted against the same: None; Abstained: None; Absent: None, whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. PUBLIC HEARING President Hemken introduced for discussion EDA Item 5, Public Hearing - PURCHASE Resolution authorizing the execution of a purchase and development AGREEMENT agreement with Hy-Vee, Inc. (project no. 893). IMP. PROJECT 893 Item 5 Ms. Stacie Kvilvang, Ehlers Inc., reviewed the terms of the purchase and development agreement as outlined in her memorandum dated September 8, 2014: 1.General – the agreement is a two party agreement between the EDA and Hy-Vee Inc. 2.Acquisition – Hy-Vee will purchase the Kmart site, Wells Fargo Bank site and EDA parking lot site for $3,725,000 and are responsible to pay all broker commissions. Closing is to occur on or before September 30, 2014. 3.Platting and Zoning – the properties will be platted into four parcels 4.Repurchase Option for Office/Retail Parcel – lot 3 – Hy-Vee has three years from closing to commence construction. Hy-Vee can request a one- year extension. After four years the EDA has option to repurchase lot 3 for $470,000. Hy-Vee is limited to resale of this lot to an independent third party for its costs of acquisition, improvements, carrying costs and soft costs, which are based upon a prorated share of the developable land in relation to these costs. 5.Phases and Timing of Construction - Must commence construction on Phase 1A (grocery store) by June 1, 2015, and complete by May 31, 2016; Must commence construction on Phase 1B (convenience/gas) by June 1, 2015, and complete by May 31, 2016; Must commence construction on Phase II (retail/office space) by October 1, 2017, and complete by October 30, 2018. 6.Public Improvements – city will pay for utilities, streetscape improvements and be responsible for plowing public streets and street light maintenance. Anderson Companies will prepare plans and specifications for public plaza. Anderson-KM Builders will construct the public plaza at city’s cost. Hy-Vee will prepare plans and specs and construct all roads, sidewalks, and utilities within the redevelopment property. Hy-Vee shall pay for and construct streetscape improvements within the rights-of-way (east side of Xylon between 42 and the north nd end of redevelopment property and south side of redevelopment property along 42). Hy-Vee will be responsible for maintenance and nd plowing of private roads, sidewalks, and landscaping. 7.TIF District – Anderson-KM Builders will pay 100% of the EDA’s costs for EDA Meeting Page 3September 8, 2014 consultants in connection with the creation of a TIF District. 8.Deed Restrictions for lot 3 – EDA and Hy-Vee to resolve and incorporate into an Easement with Covenants and Restrictions Affecting Land (ECR) which will be an exhibit to the development agreement. Ms. Kvilvang recommended the public hearing be continued to September 22 2014, to enable completion of the full document (including deed restrictions). President Hemken opened the floor to questions from the audience. Mr. Jonathan London, 8516 Hopewood Lane, was recognized. He inquired whether Hy-Vee presented a business case study. Commissioner Stauner stated it is his understanding that an analysis was completed but that Hy-Vee considered it proprietary, and therefore, it was not made public. Mr. London expressed concern regarding the viability of a grocery store. He stated he does not believe the City Council performed its due diligence. Mr. Jeff Sargent, director of community development, explained that the developer has arrived at a conclusion that New Hope is a great location for the project. He stated there may be some risk, but many discussions have taken place with Hy-Vee. He noted residents support the project as shown by community surveys. Mr. Bob Deike, development attorney, stated additional information will be available in two weeks. He recommended continuing the public hearing until September 22, 2014. Commissioner Stauner inquired whether the construction will be solely undertaken by Anderson Companies as Council has received emails from interested construction firms. Mr. Kent Carlson, Anderson Companies, stated Anderson Companies do not have the capability to build the number of retail properties proposed by Hy- Vee and will likely be seeking assistance from other developers. He advised the EDA to forward inquiries to him. Commissioner Stauner requested two sections of the draft agreement be amended: 3.6 – recommends the section be divided into sub parts.  4.4 sub part C – recommended the language currently in parentheses  be rewritten without parentheses. MOTION Motion was made by Commissioner Lammle, seconded by Commissioner Item 5 Elder, to continue the public hearing to the September 22, 2014, EDA Meeting. All present voted in favor. Motion carried. ADJOURNMENT Motion was made by Commissioner Lammle, seconded by Commissioner EDA Meeting Page 4September 8, 2014 Elder, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 8:17 p.m. Respectfully submitted, Valerie Leone, City Clerk EDA Meeting Page 5September 8, 2014