HomeMy WebLinkAbout1990/08/06 - ADMIN - Minutes - Economic Development Authority - RegularM I=,Op
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MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
August 6, 1990
1. Call to order
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President Meland called the meeting to order at 6:15 p.m.
2. Rol 1 call
The following commissioners were present at roll call: Bruce Battaglia,
George Haun, Allen Friedman, Larry Mitchell, Lyle Hanks, Jane Tschida
and Keith Meland.
Also present were the Executive Director, City Attorney and Director
of Community Development.
3. Approval of minutes of July 16, 1990 meeting
It was moved by Commissioner Mitchell, seconded by Commissioner Tschida,
to approve the minutes. The motion passed 7-0.
4. Approval of agenda for August 6, 1990
It was moved by Commissioner Battaglia, seconded by Commissioner Haun,
to approve the agenda. The motion passed 7-0.
5. Reports
A. Status report: Louisiana Partners
The Executive Di rector reviewed the recommendation before the Authority
re reimbursement to Louisiana Partners.
It was moved by Commissioner Hanks, seconded by Commissioner Tschida,
to approve the recommendation in staff's report.
Commissioner Mitchell asked why staff was proposing this action.
The Executive Director said it was a practical move. He did not believe
that stonewalling the matter would make it go away. It was thought that
the work Louisiana Partners did was with sound motivation and wi 11 be
of some va 1 ue to the Authority in the future and the proposed sett 1 ement
seeks to resolve the matter amicably and reasonably.
Commissioner Battaglia asked if the information received from Louisiana
Partners could be sold to a future developer. The Executive Director
responded it could or, as an inducement to development, be offered.
Commissioner Friedman felt if there· was a problem with the soil, as
had been proven, why was the Authority at risk in this matter.
The President said the Authority was buying something from the developer
in exchange for a release of interest on the land. The Executive Director
concurred, noting that during the process of this development getting
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going, there was significant change in the members of the EDA/City --
the HRA was dissolved, the EDA was created, the administration of the
Authority changed. Under these circumstances, there is some dispute
as to assurances given with regard to the site by the then City representatives.
In sum, it is just not that clear cut. He would request the Authority
to act on this matter and move on.
In an attempt to answer Commissioner Friedman's question, the developer
said he received a packet from the City referring to the property as
developable and marketable. Based on that, the developer went ahead
with plans and the expenditure of a good deal of money. Even. though
as deve l aper they are always at some risk, the significant changes in
staff and administration as alluded to by the Executive Director were
certainly not under the developer's control.
The motion passed 7-0.
b. Status report: Wilkins Pontiac
The Executive Director provided a brief update.
Councilmember Friedman felt it was time for the City policy makers to
get involved in this situation as GM/Wilkins don't seem to be able to
get anything going. He suggested the EDA President, and whomever he
feels important to be with him, contact the president of GM to inquire
as to why they are prejudicial to the interests of a business in this
area and to the City for retaining this business in the area and express
the Authority/City's very strong interest in moving this situation along.
President Meland felt it would be appropriate fo r the Executive Director,
City Attorney and himself to get together to devise some way to do this.
Commissioner Friedman alluded to the report's recommendation asking
who pays fo r the retention of a commercial/industrial real estate broker
to aid staff. The Director of Community Development said the Authority
is obligated to do this by virtue of the Uniform Relocation and Acquisition
Act.
Commissioner Friedman suggested that the President and others proceed
to cont act GM and th at a ho l d be put on the re tent i on of a re a l e st ate
broker. He noted a site had been approved by GM.
Commissioner Mitchell asked if the current lease were a lifetime lease.
The Executive Di rector said that GM will approve the Westinghouse site
for a Wilkins relocation for the lifetime of Harvey Wilkins; however,
the Wilkins are not willing to do that. The Director said it was his
understanding Mr. Wilkins could continue to operate at the present location
indefinit ely.
The City Attorney said there was no verification of the foregoing as
the Authority has no power to obtain those papers from GM.
In answer to a question from Commissioner Battaglia re just cancelling
Wilkins' lease, the City Attorney said Wilkins did have a lease with
the City, but the 1 and was acquired by condemnation and the Authority
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does have the potential of being sued for loss of going concern.
It was moved by Commissioner Friedman, seconded by Commissioner Hanks, to
authorize the Executive Director, President and City Attorney to pursue
this matter with GM and approve the recommentations in staff's report.
The motion passed 7-0.
c. Continuing discussion: Redevelopment Resource Scenarios
In answer to a question from Councilm ember Mitchell as to the availability
of money and which would cost more -- tax exempt or taxable bonds -- Dan
Hartman, Miller & Schroeder, said $6 million would be available in eit her
case; it would cost more to do the taxable. He said the outstanding $2 million
tax exempt bonds could not be converted to taxable.
Attorney Stefanie Galey felt the Authorit y might be incurring a risk w it h
respect to the conversion fr om tax exempt to taxab 1 e of the bonds which
have already been issued. To spend more than 10% of the proceeds for private
purposes would cause those bonds to become taxable under an IRS ruling.
Councilmember Mit chell recalled that this was an option, that the Authorit y
was not locked into anything.
Councilmember Battaglia asked what are the total estim ated public improvements
being contemplated. The Director of Community Development said staff had
identif ied a total of $4.7 mill ion of public improvements that were budgeted
in the Capit al Im provement Program that would be l ega 1 to spend tax increment
fu nds on. Some addit ional im provements have been identif ied, but it is not
yet resolved if TIF can be used for those im provements.
In answer to a question fr om Councilmember Battaglia, Mr. Hartm an said the
bond issues could be mixed, some tax exampt, some taxable.
Councilmember Mitchell asked why staff supported the .:··taxable position
as opposed to tax exempt.
The Executive Director said among other things the Authority was looking
at a bond issue that would serve the communit y fo r a number of years. Sit ting
in his chair, the one thing one would want is fl exibilit y fo r the governing
body. Land acquisition is something that might well occur.
Councilmember Mitchell expressed his frustration over the tax exempt vs.
taxable question. A decision could be delayed right up to the deadline
a nd what are we to do if another question comes up on deadline day. C ommissioner
Tschida concurred and was at a loss to understand how two bond counsels
could be in disagreement over this issue.
It was Commissioner Battaglia's thought that the Authority needed to go
wit h the staff recommendation both on the size of the issue and the maturit y
schedule. He would like maximum flexibilit y. He would like· to see $4.7 million
in non-taxable bonds used for the identified public improvements and the
rest taxable.
It was moved by Commissioner Hanks, seconded by Commissioner Mitchell to
defer to August 13, 1990.
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C o m m i s s i o n e r M i t c h e l l a s k e d t h a t C o m m i s s i o n e r B a t t a g l i a 's c o m m e n t s b e i n c o r p o r -
a t e d i n t o t h e m o t i o n . T h i s w a s a g r e e a b l e t o t h e m a k e r .
T h e m o t i o n p a s s e d 7-0.
6. Unfinished business
a. Agreement with Barton-Aschman for urban planning/redevelopment services
There was discussion re the increase in the cost of the study.
The Executive Director said the increase in cost is directly attributable
to more services being requested by the contracting authority.
Commissioner Battaglia referred to the hourly billing rate range. He asked
what was the purpose of a range. The Executive Director said he would provide
that information.
It was moved by Commissioner Hanks, seconded by Commissioner Mitchell to
approve the agreement.
The motion passed 6-1 (Commissioner Friedman opposed).
b. Closed meeting, pending litigation (Oakmont)
7. New business
a. Expression of interest from E. J. Plesko & Assoc. re possible redevelopment
at Hwy. 77Ing Tewood/France
It was moved by Commissioner Hanks, seconded by Commissioner Haun, to defer
to September 4, 1990 for presentation. The motion passed 7-0.
8. Communications and bills
a. July 31 financial statement
It was moved by Commissioner Battaglia, seconded by Commissioner Haun, to
receive for filing. The motion passed 7-0.
b. Claims
It was moved by Commissioner Tschida, seconded by Commissioner Battaglia,
to approve and authorize payment. The motion passed 7-0.
9. Adjournment
The meeting adjourned at 7:22 p.m.
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Executive Director
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