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11-18-2015 Community Redevelopment Authority Regular Meeting Packet Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Packet Board Members: Tom Gdowski Glen Murray Sue Pirnie Barry Sandstrom Glenn Wilson 4:00 PM Grand Island Regular Meeting - 11/18/2015 Page 1 / 26 Call to Order Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. DIRECTOR COMMUNICATION This is an opportunity for the Director to comment on current events, activities, and issues of interest to the commission. Grand Island Regular Meeting - 11/18/2015 Page 2 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item A1 Agenda Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 3 / 26 AGENDA Wednesday, November 18, 2015 4:00 p.m. Grand Island City Hall Open Meetings Notifications 1.Call to Order.Barry Sandstrom This is a public meeting subject to the open meetings laws of the State of Nebraska. The requirements for an open meeting are posted on the wall in this room and anyone that wants to find out what those are is welcome to read through them. The CRA may vote to go into Closed Session on any Agenda Item as allowed by State Law. 2.Approval of Minutes of October 14, 2015 Meeting. 3.Approval of Financial Reports. 4.Approval of Bills. 5.Review of Committed Projects and CRA Properties. 6.Transfer and transition of the Victory Village project. 7.Approve Resolution to Purchase/Sell Real Estate. 8.Directors Report. 9.Adjournment Next Meeting December 9, 2015 The CRA may go into closed session for any agenda item as allowed by state law. Grand Island Regular Meeting - 11/18/2015 Page 4 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item B1 Meeting Minutes Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 5 / 26 OFFICIAL PROCEEDINGS MINUTES OF COMMUNITY REDEVELOPMENT AUTHORITY MEETING OF October 14, 2015 Pursuant to due call and notice thereof, a Regular Meeting of the Community Redevelopment Authority of the City of Grand Island, Nebraska was conducted on October 14, 2015 at City Hall 100 E First Street. Notice of the meeting was given in the October 7, 2015 Grand Island Independent. 1.CALL TO ORDER. Chairman Sandstrom called the meeting to order at 4:00 p.m. The following members were present: Tom Gdowski, Glen Murray, and Sue Pirnie. Also present were; Director, Chad Nabity; Secretary Rose Rhoads; Accountant, Brian Schultz; City Administrator, Marlan Ferguson; Legal Counsel, Duane Burns; Council Liaison, Vaughn Minton and Dave Taylor. Sandstrom stated this was a public meeting subject to the open meeting laws of the State of Nebraska. He noted that the requirements for an open meeting were posted on the wall easily accessible to anyone who would like to read through them. 2.APPROVAL OF MINUTES. A motion for approval of Minutes for the September 9, 2015 meeting was made by Gdowski and seconded by Murray. Upon roll call vote all present voted aye. Motion carried unanimously. 3. APPROVAL OF FINANCIAL REPORTS. Schultz reviewed the financial reports for the period of September 1, 2015 through September 30, 2015. Motion was made by Murray and seconded by Pirnie to approve the financial reports. Upon roll call vote all present voted aye. Motion carried unanimously. 4. APPROVAL OF BILLS. The bills were reviewed. A motion was made by Pirnie and seconded by Gdowski to approve the bills in the amount of $121,660.08. Upon roll call vote all present voted aye. Motion carried unanimously to approve the payment of bills totaling $121,660.08. 5.REVIEW OF COMMITTED PROJECTS & CRA PROPERTY. Nabity reviewed the Committed Projects. 6.CONSIDERATION OF REDEVELOPMENT CONTRACT. Hatchery Holdings, LLC, (the “Developer”) has proposed to redevelop an area within the city limits of the City of Grand Island the Southwest corner of Schimmer Road and Blaine Street. The CRA passed resolution 205 notifying City Council of their intent to enter into a redevelopment contract at their meeting on September 9, 2015. The Hall County Regional Planning Commission met on October 7, 2015, and passed Grand Island Regular Meeting - 11/18/2015 Page 6 / 26 Resolution 2016-01 finding that this plan amendment is consistent with the comprehensive development plan for the City of Grand Island. The Grand Island City Council passed Resolution 2015-282 at their meeting on October 13, 2015. A motion to approve resolution 206 was made by Gdowski and seconded by Pirnie. Upon roll call vote all present voted aye. Motion carried unanimously. 7.CONSIDERATION OF BOND RESOLUTION 207. Nabity explained to the board this would be the approval of the bond resolution for Bosselman Real Estate, LLC. A motion was made by Murray and seconded by Pirnie to approve resolution 207. Upon roll call vote all present voted aye. Motion carried unanimously. 8.DISCUSSION CONCERNING PURCHASE/SALE OF REAL ESTATE. A motion was made by Gdowski and seconded by Murray at 4:28 to enter into executive session. Upon roll call vote all present voted aye. Motion carried unanimously. A motion was made by Gdowski at 5:06 and seconded by Murray at 5:06 to leave executive session. Upon roll call vote all present voted aye. Motion carried unanimously. 9. REVIEW REQUEST FOR DEVELOPMENT PROPOSALS. 10.DIRECTORS REPORT. 11.ADJOURNMENT. Sandstrom adjourned the meeting at 5:07 p.m. The next meeting is scheduled for November 18, 2015. Respectfully submitted Chad Nabity Director Grand Island Regular Meeting - 11/18/2015 Page 7 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item C1 Financial Reports Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 8 / 26 Grand Island Regular Meeting - 11/18/2015 Page 9 / 26 Grand Island Regular Meeting - 11/18/2015 Page 10 / 26 Grand Island Regular Meeting - 11/18/2015 Page 11 / 26 Grand Island Regular Meeting - 11/18/2015 Page 12 / 26 Grand Island Regular Meeting - 11/18/2015 Page 13 / 26 Grand Island Regular Meeting - 11/18/2015 Page 14 / 26 Grand Island Regular Meeting - 11/18/2015 Page 15 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item C2 Balance Sheet Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 16 / 26 Grand Island Regular Meeting - 11/18/2015 Page 17 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item D1 Bills Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 18 / 26 18-Nov-15 TO: Community Redevelopment Authority Board Members FROM: Chad Nabity, Planning Department Director RE: Bills Submitted for Payment The following bills have been submitted to the Community Redevelopment Authority Treasurer for preparation of payment. City of Grand Island Administration Fees Accounting $ 3,450.34 Officenet Inc. Postage Lawnscape 408 E 2nd St Nuance software paid on Planning Credit card $ 69.99 Grand Island Independent $ 32.02 Regional Planning my Sidewalk software $ 800.00 TIF Pass Thrus Wells Fargo Lincoln Pool Bond $186,306.25 Bacon & Vinton LLC T & S Land TIF $5,000.00 Mayer, Burns, Koenig & Janulewicz Legal Services $ 150.00 Total: $ 195,808.60 Grand Island Regular Meeting - 11/18/2015 Page 19 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item E1 Committed Projects Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 20 / 26 COMMITTED PROJECTS TOTAL AMOUNT 2016 FISCAL YR 2017 FISCAL YR 2018 FISCAL YR ESTIMATED COMP Gene McCloud - 2603 S Locust $94,490.00 $94,490.00 2016 Federation of Labor - Ziller $ 60,000.00 $ 60,000.00 2016 MMY Hospitality, LLC - 2311 S Locust St $ 56,900.00 $ 56,900.00 2016 RIGI Hospitality, LLC - 3021 S Locust St $ 107,000.00 $ 107,000.00 2016 Wing Properties - 116 E 3rd St $ 68,132.00 $ 68,132.00 2016 Wing Properties - 110-114 E 3rd St $ 167,016.00 $ 167,016.00 2017 Bosselman Real Estate $ 300,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 2018 Zoul Properties - 1201 S Locust Street $ 90,000.00 $ 90,000.00 2016 Tower 217 (Amos Investment & Development)$ 198,964.00 $ 99,482.00 $ 99,482.00 2017 $ - Total Committed $1,142,502.00 $ 676,004.00 $ 366,498.00 $ 100,000.00 FIRE & LIFE SAFETY GRANT TOTAL AMOUNT 2016 FISCAL YR 2017 FISCAL YR 2018 FISCAL YR ESTIMATED COMP Federation of Labor - Tom Ziller $115,000 $ 115,000.00 2016 Total Commited F&L Safety Grant $230,000 $ 115,000.00 $ 115,000.00 Life Safety Budget $ Remaining $ 285,000.00 Façade Budget $ Remaining $ 350,000.00 Other Projects $ 818,972.00 Land - Budget $ Remaining $ 200,000.00 Land Sales ($100,000.00) subtotal $ 1,553,972.00 Less committed $ (676,004.00)$ (366,498.00) Balance remaining $877,968.00 $ (366,498.00) CRA PROPERTIES Address Purchase Price Purchase Date Demo Cost Status 408 E 2 nd St $4,869 11/11/2005 $7,500 Surplus 3235 S Locust $450,000 4/2/2010 $39,764 Surplus 604-612 W 3rd $80,000 6/10/2015 Surplus October 31, 2015 Grand Island Regular Meeting - 11/18/2015 Page 21 / 26 Community Redevelopment Authority (CRA) Wednesday, November 18, 2015 Regular Meeting Item H1 Agreement for Replacement of Developer & Owner Staff Contact: Chad Nabity Grand Island Regular Meeting - 11/18/2015 Page 22 / 26 AGREEMENT FOR REPLACEMENT OF DEVELOPER AND OWNER LOW INCOME HOUSING TAX CREDIT PROJECT THIS AGREEMENT FOR REPLACEMENT OF DEVELOPER AND OWNER is entered into this 12th day of November 2015 by and among Pridon/Grand Island LLC (Developer and Owner); Pioneer Group, Inc. (Replacement Developer); Victory Place, LLC (Replacement Owner) and Nebraska Investment Finance Authority (NIFA). Whereas Developer and Owner submitted an application for Low Income Housing Tax Credits (LIHTCs) to NIFA for a certain housing project located at 2325 North Broadwell Avenue, Grand Island, Nebraska 68803 (Housing Project); and Whereas, NIFA has allocated $412,065 of LIHTC to the Owner for the Housing Project in February 2015; and Whereas, Developer and Owner desire to be removed as the owner and developer of the Housing Project and desire for NIFA to approve their replacement with the Replacement Developer and Replacement Owner; and Whereas, Replacement Developer and Replacement Owner desire to serve as the developer and owner for the Housing Project; and Whereas, Developer and Owner and Replacement Developer and Replacement Owner desire to identify and agree to those development expenses that the Replacement Developer and Replacement Owner will pay; and Whereas, Developer and Owner desire to transfer site control to Replacement Developer and Replacement Owner; and Whereas, Replacement Developer and Replacement Owner desire to be approved by NIFA prior to its approval of a 2015 Carryover Allocation Agreement for the LIHTC awarded to the Housing Project; and Whereas Replacement Developer and Replacement Owner desire that NIFA approve a 2015 Carryover Allocation Agreement for the LIHTC and to issue the Carryover Allocation Agreement to the Replacement Owner. Now therefore in consideration for the mutual promises contained herein and other valuable consideration the Parties agree to the following: Grand Island Regular Meeting - 11/18/2015 Page 23 / 26 1. Replacement of Developer and Owner. Developer and Owner hereby agree to be removed as developer and owner of the Housing Project. Further Developer and Owner understand and agree that they shall have no duty, power or authority, right or responsibilities for the Housing Project or the allocation of LIHTC by NIFA. Replacement Developer and Replacement Owner hereby agree to serve as developer and owner of the Housing Project. Further Replacement Developer and Replacement Owner understand and agree that they shall assume all duty, power, authority, rights or responsibilities for the Housing Project and the allocation of LIHTC by NIFA. 2. Agreement for development expenses that will be assigned to and be paid by the Replacement Developer and Replacement Owner. Replacement Developer and Replacement Owner hereby agree to accept the assignment by Developer and Owner of the development expenses set forth on Exhibit A attached hereto and incorporated herein. Additionally attached as Exhibits B-1 through B-32 are copies of the invoices or other evidence of the development expenses for each of the development expenses listed on Exhibit A. The development expenses listed on Exhibit A shall be paid as part of the Housing Project. Those development expenses listed on Exhibit A which have been previously paid by Developer Owner will be reimbursed to Developer Owner at financial closing. Those Exhibit A development expenses that have not been paid by Developer Owner will be paid directly to vendor by Replacement Owner and Replacement Developer. Replacement Developer and Replacement Owner shall not be responsible for payment of any development or other expenses incurred by Developer and Owner that are not identified on Exhibit A. 3. Transfer of Site Control. Developer and Owner hereby agree to relinquish any rights to and further agree to assign, transfer and convey any rights they have in a certain Enhanced Use Lease granted by the Department of Veterans Affairs (VA) relating to the Grand Island VA Community Based Outpatient Clinic. Further Replacement Developer and Replacement Owner hereby agree to accept the assignment of the Enhanced Use Lease and will directly negotiate with the VA on the terms and conditions to be contained in any amended and restated Enhanced Use Lease. 4. Approval of Replacement Developer and Replacement Owner by NIFA NIFA hereby approves the removal of the Developer and Owner and further approves their replacement with the Replacement Developer and Replacement Owner. Further NIFA agrees that the approval of the Replacement Developer and Replacement Owner shall be made prior Grand Island Regular Meeting - 11/18/2015 Page 24 / 26 to its approval of a 2015 Carryover Allocation Agreement for the LIHTC awarded to the Housing Project; and 5. Approval of 2015 Carryover Allocation Agreement for the LIHTC to the Replacement Owner Upon receipt by NIFA of all documentation they require to issue the Carryover Allocation Agreement, NIFA agrees to issue a 2015 Carryover Allocation Agreement for the LIHTC to the Replacement Owner. Replacement Developer and Replacement Owner agree to be responsible for paying for the extension fee charged by NIFA for issuance of the Carryover Allocation Agreement after the November 1st deadline. 6. Approval of Assignment/Reissuance of Redevelopment Contract with the Community Redevelopment Authority of the City of Grand Island, Nebraska The Developer and Owner hereby agrees to the assignment/reissuance of the Redevelopment Contract by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (the “Authority”), and Pridon-Grand Island, LLC dated May 2, 2015 relating to certain TIF Proceeds (the “Redevelopment Contract”) to the Replacement Owner. Further, the Replacement Owner hereby agrees to acceptance of the assignment/reissuance of the Redevelopment Agreement by the Authority. It is further understood and agreed that the Developer and Owner hereby agrees to assign and transfer the tax increment finance promissory note issued by the Authority (the “TIF Note”) to the Replacement Owner and the Replacement Owner hereby agrees to accept the transfer and assignment of the TIF Note from the Owner and be bound by all terms therein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Grand Island Regular Meeting - 11/18/2015 Page 25 / 26 IN WITNESS WHEREOF the Parties hereto have affixed their signatures effective as of the date and year above written. Developer and Owner Pridon/Grand Island LLC By: _________________________________ Dane E. Whitworth, President Replacement Developer Pioneer Group, Inc. By: _________________________________ Ross R. Freeman, President Replacement Owner Victory Place, LLC By: Pioneer Investment Victory Place, LLC Its Managing Member By: _________________________________ Ross R. Freeman, Designated Member NIFA Nebraska Investment Finance Authority By: _________________________________ Timothy R. Kenny, Executive Director Grand Island Regular Meeting - 11/18/2015 Page 26 / 26