Real Estate & Construction Blog

Real Estate

Bill Griffith and Adam Pabarcus Moderate at Bisnow's Twin Cities State of the Market Event

Larkin Hoffman's attorneys Bill Griffith and Adam Pabarcus recently moderated panel discussions during Bisnow’s Twin Cities State of the Market outlook event. Held earlier this month, the event featured insightful conversations with leaders in the Twin Cities real estate and development markets. The first panel, moderated by Bill Griffith, included Pat Barrett, COO of Oppidan Investment Company; Tim Elam, Managing Director at Scannell Properties; and Barry Stoffel, Partner and Integrator at Gardner Builders.  The four covered a range of topics including strategies for navigating the current market and some of the challenges to various asset classes including industrial space, data centers, and senior housing.  Pat Barrett remarked optimistically, "Winds are shifting, and we're headed in the right direction," when discussing emerging trends in the Twin Cities. Adam Pabarcus moderated the event's final panel which included Josh Brandsted, President of Greco Properties; Jay Bhakta, Managing Partner at JR Hospitality; and Angela Ledding, Head of Underwriting at PACE Sloan Group. The panel focused on the future prospects for the Twin Cities real estate market. "We're witnessing significant economic volatility, impacting every facet of property development and management," noted Adam. Discussions centered on the resurgence of office space demand as the city adapts post-COVID-19 lockdown, as well as identified avenues for future growth. Bill Griffith and Adam Pabarcus are both part of Larkin Hoffman's real estate team.  Recently, Bill sat down with Adam and another attorney on the team, Tim Rye to discuss property taxes.  If you would like to learn more about property taxes in how today's market may be affecting your value, please visit the Larkin Hoffman Real Estate Podcast and listen to our latest episode.  Bill Griffith advises local and national clients on legal and policy issues affecting land use, zoning, real estate, environmental review, municipal law, regulatory matters and government relations. He has been legal counsel to Mall of America in all its phases, and serves as city attorney for the city of Columbus. He is a trusted advisor on real estate development and public funding for both private clients and municipalities. Adam Pabarcus is a litigator and trial attorney who focuses his practice on complex real estate litigation and property tax appeals. Adam represents clients in state and federal courts across the country to resolve disputes and advance their business goals on a broad range of issues. Tim Rye is a litigator who advises clients on real estate valuation and property tax appeals. He advises on all aspects of the property tax appeal process, including: reviewing properties for potential success on appeal, filing appeals and all statutory disclosures, researching market data, preparing analyses for negotiations, negotiating resolutions, and litigating appeals if necessary. Tim represents a broad range of clients, including real estate investors, owners, developers, property and asset managers, corporations, and individuals with real estate holdings.

Property Tax

Property Taxes High? Your Property Could Be Over Valued. Find Out More on The Larkin Hoffman Real Estate Podcast.

There is a simple formula that is used to determine how much you owe in property taxes, however if your property is valued incorrectly, you could be overpaying.  Tim Rye and Adam Pabarcus from our property tax appeals team recently sat down with Bill Griffith to discuss the property tax appeals process and to highlight the benefit of a quick periodic review to determine if your tax assessment is fair.  In this episode of The Larkin Hoffman Real Estate Podcast, Tim also shares insights regarding his team’s recent victory in the Minnesota Supreme Court and its decision to require tax assessors to exclude the airport’s concession fees from rent-based valuations for property tax purposes. The case offers a flight plan to lower taxes at many of the nation’s transportation hubs and underscores the importance for all taxpayers to exclude business value from taxable property value. In this episode, Tim details the magnitude of the Minnesota Supreme Court’s decision regarding concession fees and how it could influence the results of future property tax appeals. The deadline to file a petition for the upcoming tax season is quickly approaching and taking charge of your tax rate can be as easy as a quick complementary annual checkup.  Contact our property tax appeals team to schedule your review. Bill Griffith advises local and national clients on legal and policy issues affecting land use, zoning, real estate, environmental review, municipal law, regulatory matters and government relations. He has been local counsel to Mall of America in all its phases and serves as city attorney for the city of Columbus. He is a trusted advisor on real estate development and public funding for both private clients and municipalities. Contact Bill Griffith at wgriffith@larkinhoffman.com. Tim Rye is a litigator who advises clients on real estate valuation and property tax appeals. He advises on all aspects of the property tax appeal process, including reviewing properties for potential success on appeal, filing appeals and all statutory disclosures, researching market data, preparing analyses for negotiations, negotiating resolutions, and litigating appeals if necessary. Tim represents a broad range of clients, including real estate investors, owners, developers, property and asset managers, corporations, and individuals with real estate holdings. Contact Tim Rye at trye@larkinhoffman.com. Adam Pabarcus is a litigator and trial attorney who focuses his practice on complex real estate litigation and property tax appeals. Adam represents clients in state and federal courts across the country to resolve disputes and advance their business goals on a broad range of issues. Contact Adam Pabarcus at apabarcus@larkinhoffman.com. Our real estate and construction law team  covers every facet of real estate and its development phases. With the aim of offering distinctive perspectives on emerging topics, trends, and matters within our industry, we launched The Larkin Hoffman Real Estate Podcast to complement The Larkin Hoffman Real Estate and Construction blog. We stay on top of developing issues and legislation and collaborate with industry leaders to ensure our readers and listeners stay abreast of pivotal issues.

The Larkin Hoffman Real Estate Podcast

Black Women in Real Estate: Redefining the Landscape

In the most recent episodes of The Larkin Hoffman Real Estate Podcast, I had the privilege of sitting down with three trailblazing Black women working for the City of Bloomington, Minnesota. Women, and Black women in particular, have historically been excluded from the real estate profession causing their representation in the industry to be notably low. However, in Bloomington, MN things are changing. In recent years the city added three women of color to its leadership team: Karla Henderson, Community Development Director; Aarica Coleman, Housing and Redevelopment Authority Administrator; and Faith Jackson, Chief Equity and Inclusion Officer. I was honored to have the opportunity to talk with them. As our conversation unfolded, it quickly became clear that the three women had a lot to share and our conversation evolved into the three-part mini series below. Part One | Lifting Each Other Up: The Power of Mutual Support Part Two|Breaking Ground: The Roots of Racism in Real Estate Part Three| Reforming Real Estate: From Racial Covenants to Just Deeds Pictured below are Bill Griffith, Aarica Coleman, Karla Henderson, Faith Jackson and Bill Gaier from Finance & Commerce at our recent podcast series celebration. The celebration included a panel discussion moderated by Bill Gaier from Finance & Commerce. The real estate and construction law team at Larkin Hoffman covers every facet of real estate and its development phases. With the aim of offering distinctive perspectives on emerging topics, trends, and matters within our industry, we launched The Larkin Hoffman Real Estate Podcast to complement The Larkin Hoffman Real Estate and Construction blog. We stay on top of developing issues and legislation and collaborate with industry leaders to ensure our readers and listeners stay abreast of pivotal issues. Bill Griffith advises local and national clients on legal and policy issues affecting land use, zoning, real estate, environmental review, municipal law, regulatory matters and government relations. He has been local counsel to Mall of America in all its phases and serves as city attorney for the city of Columbus. He is a trusted advisor on real estate development and public funding for both private clients and municipalities. Contact Bill Griffith at wgriffith@larkinhoffman.com.

Real Estate

Bisnow’s Twin Cities Multifamily Market Overview with Bill Griffith

On February 1st, the Federal Reserve raised interest rates by another quarter-point. This first rate hike of 2023 follows seven interest rate hikes in 2022.  With the rising interest rates in mind, Bill Griffith sat down with a panel of real estate and construction industry leaders last fall at Bisnow’s Twin Cities Multifamily Market Overview to discuss the effect of rising interest rates on their business. In this episode of The Larkin Hoffman Real Estate Podcast, Bill takes the opportunity to review the discussion he moderated and highlight some of the trends, opportunities and forecasts for the Twin Cities construction and real estate markets. Bill discussed the market with Traci Thomas, COO of Doran Companies; Sargent Johnson, Managing Director at Hines; Brady Pollard, Vice President – Preconstruction Services Director at JE Dunn Construction; and Johnny Opara, President and CEO of JO Companies.  Bill Griffith advises local and national clients on legal and policy issues affecting land use, zoning, real estate, environmental review, municipal law, regulatory matters and government relations. He has been legal counsel to Mall of America in all its phases and serves as city attorney for the city of Columbus. He is a trusted advisor on real estate development and public funding for both private clients and municipalities. Contact Bill Griffith at wgriffith@larkinhoffman.com

Real Estate

Building the RBC Gateway: Interview with Bill Katter, President of United Properties Development

I recently had the opportunity to sit down with Bill Katter, President of United Properties Development, in the firm’s new offices located in the RBC Gateway, a building he developed.  The 37-story tower sits on a key block linking the downtown Minneapolis core with the bustling North Loop neighborhood and providing tenants with commanding views of the Mississippi River, just a few blocks away. Bill Katter  didn’t plan to be a developer when he was recruited to join United Properties almost 20 years ago.  He was working for Lutheran Brotherhood underwriting equity investment when Boyd Stofer offered him a job underwriting acquisitions for United Properties.  Soon after, Stofer asked him to take on development of the C.H. Robinson Headquarters in Eden Prairie. “It started with Boyd saying ‘you have the qualities of a developer. Why don’t we just make you a developer and see where it goes’,” said Katter.  Asked what those qualities were, he responded, “I would think drive is the most important thing, wanting to wake up and get something done, and the desire to compete and win business.” Katter talked about what it took to develop RBC Gateway, the largest mixed-use project to open in downtown Minneapolis in many years.  “First of all, organizationally we never built something taller than 10 stories in our a hundred plus years history. For us, it was the fortitude and the organizational depth and breadth to pull something like this off. The second thing we learned is how important Minneapolis was to the Pohlad family. The project was a chance to reunite, under one roof, with our owner and contribute meaningfully to Minneapolis.” RBC Gateway Landing the Four Seasons Hotel was the special sauce of the project, according to Katter, but it wasn’t clear it would pencil out.  “We felt great about the condos, we felt great about the office, but the hotel, we were not sure it would underwrite fully.  We all kind of locked arms and said, let’s take a shot at this.” Katter said the office component is doing extremely well.  “We’re about to sign a lease that puts us at 99% leased.”  Still, he credits the other components of the projects with driving the success of office leasing.  “The Four Seasons Hotel offers a level of amenities with meeting space and dining, and valet parking was important to RBC’s wealth management business. It could also be there is a shift towards the North Loop and out of the core.” We talked about what it will take to make development viable in downtown Minneapolis for the long-term and it didn’t take Katter long to come up with his answer.  “The most important thing is getting people back to the office and most of the major employers downtown have not fully commanded a return to office policy.”  He said, “until office fully returns, the core of downtown will continue to just feel like it’s missing something.” Katter contrasts the downtown core with the success of the North Loop.  “The North Loop is primarily a residential submarket with office in it. It has many more people living there and so it’s felt much more vibrant throughout the pandemic and even today.” Shifting gears, we discussed some of the challenges in the marketplace with supply chain problems, interest rate hikes and fear of recession. Katter wouldn’t say the real estate market is in recession, preferring to call it a “cooling off period.” “Our business is completely driven by access to capital and lenders have definitely pulled back on the amount of financing available for projects.”  Katter said that’s a natural function of the economy slowing down. “Then the double whammy for us is there’s also less buyers available.” With volatility in financing markets and supply chain, buyers, underwriters and lenders are having trouble pricing assets right now, according to Katter.  “Our business is driven by long term debt rates but volatility has led investors to conclude it’s hard to price an asset right now. Our pencils are down until things stabilize a bit and they probably won’t stabilize, in my judgment, until the Fed decides it’s done with a very aggressive raising of near-term interest rates and the campaign against inflation.” Katter predicts the market will find a new place and get to a new norm.  “Then buyers will start pricing assets in that arena, lenders will see the new pricing and developers will see what their exit pricing looks like.” Supply chain also affects pricing, according to Katter.  “We do measure that and the volatility of the supply chain.”  Compared to the ordinary level of supply and time of deliveries, the current market is four times off the standard deviation, said Katter. “That’s unprecedented, and that can be good and bad. It can be bad if you need materials that are coming from a place that’s not close to your construction site.  It can be good in the sense that it’s driven a repatriation of supply chains.” Katter sees industrial development as the one bright spot in the market as businesses see more local demand and the need to control inventory.  “We developed 11 industrial buildings a year ago and we’ve since filled and sold most of them. We’re about to break ground on our next 14 here and in Denver and Austin.” He believes the demand for industrial development will taper a bit as companies assess inventory and consumer demand in light of rising interest rates. As we wrapped up the interview, we circled back to the RBC Gateway project.  It is clear that the Pohlad family and United Properties intended to create a lasting impact on downtown by building Class A office at time when others have pulled back, anchored by the Four Seasons Hotel and topped with high end condos.  As a result, downtown Minneapolis now has a landmark building connecting the central core to the successful North Loop neighborhood and the Mississippi River. Bill Griffith practices real estate and municipal law at Larkin Hoffman and is a regular contributor to the firm’s Real Estate and Construction Blog.  Listen here for his interview with Bill Katter.

Finding the Future Podcast Series

Finding the Future: “Getting to Yes” Interview with Karla Henderson

Last year, the City of Bloomington Minnesota hired Karla Henderson to help steer the city’s redevelopment as Director of Community Development.  She is well qualified for the job since she served in Detroit Mayor Dave Bing’s inner circle and brings a wealth of experience turning around neighborhoods to her new job in Minnesota. Early in her career, Henderson made a critical decision to move from Ann Arbor back to her hometown of Detroit. “I really felt like my hometown was going through a crisis with the former mayor being convicted and going to jail. I remember hearing about Dave Bing running for mayor and got kind of excited about that. I did not know him, I’d never met him, but really felt like this was a fresh start for the city.” Henderson reached out to his team and landed an interview and the top job in the City’s building department.  “I used a joke that was every gal’s dream job to be over the building department. But I got there and I understood quickly that we touched everything.” Henderson oversaw a large team of 300 staff members and a hundred inspectors covering everything from zoning and inspections to property maintenance and demolition. About six months later, Mayor Bing approached her to take on the role of Group Executive over planning and facilities.  In that role, she tapped into HUD dollars and expertise from the Obama administration to begin the work of reinvesting in Detroit’s neighborhoods. In a move that some might see as a step down from her leadership roles in Detroit, Henderson decided to move to Minnesota during the Covid pandemic to be near family. “I always believed that a job either pulls you away or pushes you away. This job pulled me here.  You’ve got the Mall of America, you have the equivalent of the University of Michigan for Ann Arbor, this is an economic engine, not to mention a Triple A bond rating.” Still, Henderson recognizes that there is much work to do.  “I feel just like I did in Detroit, I can use this position to reduce some of the disparities and do things a little bit differently and focus on small businesses and our commercial neighborhoods, commercial corridors that have been somewhat ignored.” Those who get to know Henderson over coffee or over decades, are struck by the way her personality engages people and pulls them into her vision, or how quickly she affirms the vision of others, empowering them to take risks. “My whole career I’ve been fortunate, like when I talked about Mayor Bing, I’ve worked for organizations that have let me take risks – it’s okay to fail and learn from it. If we’re doing the same thing, we’re not growing.” In a recent example, a staff member suggested that they do something to connect with Muslim residents during the month of Ramadan.  “I had an employee that came in my office and he said, what if we pick a day and we fast, and then we go and we break our fast at the mosque at Dar Al Farooq Dar. I said, ‘I love that idea’.” Henderson consulted the City Attorney on how to accept a meal from the mosque in light of the state’s gift law. “So, we got creative in finding a way to ‘get to yes’ and 20 employees went, including our fire chief and public works director; one of our employees brought her daughter. That’s what I want, somebody to say, ‘I have an idea. What do you think about this?’ And then we just go off and we make it happen.” In a move that really defines Henderson’s first year in Bloomington, she set out to reuse an abandoned fire station for a small business center providing space and expertise for local startups.  Henderson toured the City one day with the senior planner. She recalled, “Everybody loved to show me the new fire station and I did a tour there and it is absolutely beautiful. And I said, where is the old one?  So, we drove by it and I said, ‘there’s nothing wrong with this building.’ I would hope they wouldn’t tear it down.” Since then, the City set aside $500 thousand from pandemic relief funds for the small business center and the McKnight Foundation awarded the project a grant of $250 thousand.  Henderson is still waiting to hear from the Federal Economic Development Agency on a grant request of $1.5 million. “The City Council had to make a 20-year commitment to operate the project. I love that I work for an organization whose leadership says ‘we’re in now’ – that is all-in.  It really sends the message that we mean what we say. We are partnering with you.” Henderson has already flipped the traditional model for economic development on its head. Instead of tearing down a 60-year-old shopping center serving an existing neighborhood, Henderson would prefer to find resources to improve the building while keeping tenants in place. “We are working on a facade improvement program. There’s a smart team of planners and Port Authority members putting together the criteria.”  According to Henderson, “When you start to do these incremental little things, people notice.” On the other hand, notes Henderson, sometimes tearing down a vacant building is just the thing that is needed to turn a neighborhood around.  The City is using a grant to demolish an old gas station at Penn Avenue and 90thStreet.  Working with the owner of Gyropolis, a Greek restaurant next to the gas station, the corner will be redeveloped replacing a building that sat vacant for 15 years. In closing, I asked Henderson for the best kept secret in a city known for its proximity to the airport and Mall of America.  “I would say the best kept secret in Bloomington are the youth. The Chamber had this round table where you go and talk about your job.  I met 70 young people and I was blown away by how in touch they are with issues.” On the spot, Henderson offered five students jobs at the City for the summer. Now the City is working on a program for workforce development helping businesses hire local youth. Henderson is following a model called “BrookLynk” that provides internships to young people in Brooklyn Park and Brooklyn Center.  I don’t know if we’ve done a good enough job of taking that talent and growing it.” Henderson explained how changing demographics in the city is creating an opportunity to welcome and attract new talent by making sure people feel valued in what they do.  According to Henderson, not only does it help the City recruit and retain people, but they have a better chance of success in their jobs and in their careers. Bloomington is like many aging suburbs in the country, full of opportunity and challenge.  Sometimes, all that is needed is a strong leader who can unlock talent, ideas and initiative by making people feel heard. Bill Griffith practices real estate and municipal law and is the host of Finding the Future, a podcast that explores innovation in land use and sustainability. Listenherefor the interview with Karla Henderson.  If you have a story about innovation in land use and sustainability, please reach out to Bill.

Finding the Future Podcast Series

Learning Lessons From Permaculture: Interview With Rony Lec, Founder of IMAP

On a trip to Guatemala, a friend introduced me to a unique outdoor classroom, a learning lab of sorts, for those interested in sustainable agriculture.  It’s located on the shores of Lake Atitlan, a beautiful volcanic lake in the central highlands. IMAP https://imapermaculture.org/ is short for the Mesoamerican Permaculture Institute and was founded by local people to showcase the ancestral knowledge of food production in the area, which is known for its rich diversity of seeds and plants.  Since the lake is situated between the tropical lowlands and the cloud forests, it is an area filled with exotic plants. Rony Lec is one of the founders of IMAP, which started over 20 years ago.  He explained that much diversity in plants and seeds has been lost to monoculture farming practices.  IMAP is hoping to stem the loss by educating local farmers of the value of the biodiversity which is unique to this lakeshore region. Lec explained that Meso America had  5,000 varieties of corn at one time but today they have less than half of that.  “That’s because your gene pool becomes poor and the strength of life is diversity, without biodiversity, there is no life.”  As the region loses biodiversity, they lose the key to growing sustainable crops on small plots and family farms. Photo Credit: The Mesoamerican Permaculture Institute (Instituto Mesoamericano de Permacultura – IMAP) Meso America is still considered a mega center for biodiversity.  Lec points to a map on the wall showing all the mega centers of diversity. “Meso America is only one percent of the surface of the planet, but we have 14 percent of the biodiversity in the world.” IMAP is a two-acre compound on an undeveloped shore of Lake Atitlan, one of the last natural areas that hasn’t been developed as vacation homes for wealthy families of Guatemala and visitors from other parts of the world. Along the shoreland, local farmers plant native vegetables in small patches.  Surprisingly, the seeds can be more valuable than the plants and vegetables they produce. A short walk uphill is an outdoor learning lab, lush with gardens where visitors and students learn sustainable practices like building an herb spiral or planting a tree farm.  Inside the IMAP office, there is a small room with sparse furniture and plenty of shelves.  The room does double duty as a small market where local farmers and producers showcase a variety of products, all rich in nutritional value and some qualifying as ancient superfoods. Networks or cooperatives of 70 nearby farmers, many of the women, produce the products on display in the market. IMAP promotes the production of superfoods that have grown naturally in the region for centuries.  One of these is known as Amaranth which is rich in nutrition and easily digested.  It can be eaten as a raw seed or ground down into flour or meal.  Lec said, “So you have a cereal and if you grind this cereal you have flour which you can use as a nutritional supplement or you can mix it with chocolate in a traditional drink.” Next to the office is the heart of the compound where a wooden shed serves as the seed bank or the “seed house”, as Lec calls it.  Inside the seed house, metal cans are stacked on shelves and labeled with a wide array of seeds from locally grown plants. The seed bank is like a micro-economy.  Local farmers buy seeds on credit and return two to three times the amount of seeds in repayment.  So, people can get access to seeds for free or at very low cost.  “That’s our currency here. We exchange it with other seeds and can trade it for other products as well, or we can give it as a loan and in credit, and then they return it when they make their harvest,” explained Lec. Seed bank with native seeds from IMAP. Photo credit: IMAP IMAP has been working to commercialize some of its core products by creating standards around labeling.  The idea is to make native foods accessible to the people who live here.  At the same time, they promote local farming cooperatives that produce these superfoods. The seed bank has been replicated in at least five other locations in Guatemala, as a way to promote food sovereignty on a national scale.  Lec said, “Each family and each farmer used to have their own seed bank of sorts as they grew plants and crops for both produce and seeds.  As farming became commercialized, farmers here began to rely on big seed companies and stopped banking their own seeds each season.”  IMAP hopes to reverse that trend and promote biodiversity at the same time. The last stop on our tour of IMAP was an outdoor learning lab protected from the heat with large shady trees and plants.  The area looks overgrown but is really designed as a vertical garden.  At the heart of permaculture is efficiency and reduction of waste in a closed-loop system. Everything serves a purpose, including weeds which hold moisture in the ground for the benefit of other plants. “Here you can see this little example of what we do, it’s called an herb spiral,”  Lec explained,  “By designing this spiral like this, we can achieve many things. If you uncoil this spiral, you will see your surface for planting will be very long.  So, you’re maximizing the use of space, by using your aerial space, instead of just horizontal.” In addition to maximizing the use of space, the spiral is planted from bottom to top based on the amount of water different plants use.  “The upper part of the spiral is dry and wet on the bottom.  You are creating microclimates, little special niches that would not be obtained in a linear way,” said Lec.  “So, that means that you can put more diversity in a smaller space – in one of these herb spirals you can plant up to 32 medicinal plants and culinary herbs.” Another concept taking hold is tree farms, which is planting crops that grow vertically rather than horizontally.  A corn tree is an example.  According to Lec, one corn tree will produce the same amount of food as two acres of corn. “Once that tree is established, you don’t have to do anything and it can last for a hundred years.  We call it the food forest and some people call it agroforestry systems.” I asked how the programs at IMAP are funded.  Lec said the seed program is self-sustaining through sales, credits and trades with local farmers.  Other programs, on the educational side of IMAP, rely on tuition and donations.  They are always open to new ideas and partnerships with folks near and far. Recently, IMAP was invited to support a growing family garden project in San Juan La Laguna, a village on the far side of the lake.  When the pandemic stopped the flow of food to the small village, another program, called Ecolibri https://www.ecolibri.org/, encouraged families there to begin growing their own vegetables in small plots next to their homes.  As travel bans are lifted, IMAP will teach sustainable practices to these families to help them get the most out of family and community gardens. Special thanks to Josh Zenner of Josh Zenner Productions who recorded the interview with Rony Lec at IMAP.https://joshzennerproductions.com/ Bill Griffith practices real estate and municipal law and is the host of Finding the Future, a podcast that explores innovation in land use and sustainability. Listen here for the interview with Rony Lec of IMAP.  If you have a story about innovation in land use and sustainability, please reach out to Bill.

Construction

Larkin Hoffman Ranked Highly for Real Estate and Construction by Chambers USA

Larkin Hoffman was recognized as a leading real estate firm in the 2021 edition of Chambers USA: America’s Leading Lawyers for Business, an annual guide identifying the top attorneys and firms in the United States. The publication also recognized five of the firm’s attorneys as leaders in their fields. Real Estate Chambers notes that Larkin Hoffman’s real estate practice is known for its “litigation expertise, [which] includes handling eminent domain, construction and tax disputes.” Tim Stoltman and Gary Renneke were both recognized for their practices in real estate.  Peter Coyle and Bill Griffith received top rankings for their practices in zoning and land use. Larkin Hoffman is a go-to law firm in Minnesota and throughout the region, advising on all aspects of real estate, including acquisition, approvals, assembly, construction, development, financing, leasing and litigation. The firm serves clients in residential and commercial development. Commercial development includes office complexes and major facilities in the retail and hospitality industries. Construction David Hammargren was recognized as a leading practitioner in construction by Chambers. David leads the Larkin Hoffman construction and surety practice. The firm counsels clients on every aspect of the construction process, from procurement and contracting to government regulations and high-stakes litigation. The construction team represents construction contractors, subcontractors, developers, commercial building owners and sureties. Chambers USA is one of the world’s leading publishers of guides to the legal profession, ranking leading firms and lawyers in an extensive range of practice areas throughout the United States.

Finding the Future Podcast Series

Finding the Future: Reviving Downtown Minneapolis – Bisnow State of the Market Panel

Every day, business and political leaders are tackling the question of how to revive downtown Minneapolis.  After a year of dealing with the pandemic, social unrest, and shuttered businesses, they are searching for ways to bring people back downtown.  Even as the state has ramped up vaccinations against COVID-19, downtown remains a ghost town with few office workers, limited events, and restaurants and bars scrambling to attract customers. The question of how to revive downtown Minneapolis was recently posed to a group of real estate leaders on a panel organized by Bisnow.  The panel acknowledged real challenges facing the city, however, at the same time they found bright spots on the horizon as people are ready to leave their homes in pursuit of a bit of normalcy, illusive as that may seem. Brent Robertson is the market lead for JLL’s office in Minneapolis.  He’s working on several large commercial real estate projects in and around downtown.  One of his clients is a large law firm tenant that was planning to move in two years and has announced they will remain downtown.  “I wouldn’t say the pandemic had an effect, but it just speaks volumes to their commitment to downtown Minneapolis.” Anne Behrendt is CEO of Doran Companies, a local developer of multifamily and commercial projects. Her company responded to pandemic protocols by getting construction managers on-site more often.  “That was in the works but probably happened much quicker than we thought as a result of the pandemic.”  She also emphasized the focus on social issues that have come with the events of the last year.  “We are having really thoughtful conversations about equity, inclusion, and anti-racism within our organization and within our community and how do we drive that in our businesses and within our spheres of influence?” Todd Simning is President of ADOR Homes, a builder of custom homes and unique multifamily projects.  He noted that the pandemic has created opportunities for new business.  “In single-family construction, there was a big push towards people wanting home offices.  There’s still quite an appetite for people to live in multifamily apartment and condo buildings, with safety precautions.” Many predicted a mass exodus to single-family and suburban locations a year ago.  The panel reported that things have slowed, but the mass exodus has not materialized either as a result of recent social unrest or the pandemic.  In fact, Simning reported losing a development property to other bidders in downtown just a month ago. “This shows that people still want to invest in Minneapolis,” said Simning.  “I took that as a real positive.  The other thing that I’ve noticed hanging around the North loop area is there still is a lot of activity around there, whether you’re at Fairgrounds Coffee, or Martin Patrick, you see that.  The Hewing Hotel is also starting to pick back up.” According to Behrendt, the multifamily market is mostly holding its own. “There are projects in lease-up right now that are doing fine, but when you look at the sub-markets within the downtown area, performance has been spotty.”  “Looking forward”, Behrendt said, “as we come out of this pandemic, you’re starting to see activity continue to increase. That’s a positive but I also think, given the term of most of these leases, we’re probably 12 to 18 months out from really understanding fully what kind of impact 2020 had on the downtown leasing market.” On the investment side of things, the pandemic has slowed investment activity downtown.  According to Robertson there were only two notable transactions in 2020, “the Thrivent Headquarters trade and the Millwright Building.” Still, Robertson believes buyers are committed to downtown Minneapolis. Simning, an investor in downtown, echoed that sentiment, “I truly believe that as the vaccine gets out a bit more, people are going to go back to the mean.  They want to socialize, they want to hang out, they’re tired of being pigeonholed at home.” One wildcard in the downtown office market is the recent announcement that Target plans to vacate City Center, giving employees the flexibility to work from home or at its campus in Brooklyn Park.  “That was an unfortunate announcement and the timing of it is tough,” said Behrendt. “We’re all trying to get some momentum, but Target was moving employees up to their Brooklyn park campus prior to the pandemic.”  On the bright side, Behrendt noted the recent announcement that the Dayton’s project leased a significant block of space, “which will continue to drive momentum downtown.” Robertson responded to the news about Target saying, “They have ten and a half years left on that lease at City Center and I continue to say, this is the first couple of pages of the first chapter, of what’s going to be a long book.  If it works, they’ll lean into it more and if it doesn’t, they’ll pivot.”  At the same time, Robertson noted that other national companies like Google and Amazon continue to add employees and space driving real estate transactions. Another challenge brought on by the pandemic is a disruption in the supply chain for building materials, fixtures and appliances.  Behrendt said she’s helping clients get out ahead of it by ordering things early or swapping out brands.  “Some are just practical decisions that people have to make, but the bigger issues for us, and for everyone building wood construction right now, are lumber prices and steel prices.  Material prices are really volatile.” Simning said he knows owners of lumber mills in northern Wisconsin and offered this insight.  “There’s plenty of logs at the mills – the issue is getting it milled into two by fours and two by sixes, whatever we need as dimensional lumber and getting it to the distributor.”  He believes the bottleneck will start to clear in the third and fourth quarter of the year as more people return to work and COVID protocols are gradually eased. All three panelists agreed that employees should be offered flexibility on whether to get vaccinated before returning to work.  Behrendt said, “Number one, having people get vaccinated and being efficient about this process is so key to where we need to go. We are actually planning a big party since we didn’t have a holiday party last year and the idea is if you are going to come to the party, you need to be vaccinated.”  Behrendt added, “As employers, we can strongly encourage people to take those necessary steps, but we are not going to mandate it as a company.” Robertson has been working downtown since his office reopened last summer.  “With proper protocols in place, we’ve had zero transmissions.  I’m not going to require anyone to come back if they don’t feel comfortable with coming back, but I’m just sensing that people want to get back.”  He added, “I’m just going to be smart about it, I’m not going to be pushy about it.” Simning said his construction crews don’t take for granted the fact that they have been able to work on job sites all year during the pandemic.  “The biggest thing that I’ve stressed through last summer and even this year is whatever we need to do to stay open, I think it’s our obligation to actually do the right things.” Shifting gears, I asked the panelists to look ahead five years.  Behrendt is hopeful, “When we look at Minneapolis and downtown in particular, I think we are going to be back to where we were.  We’ll continue to see multifamily activity, it may be smaller projects and infill type projects versus some of the larger-scale deals that we’ve seen in the last few years.”  She concluded, “I think the five-year picture is bright, but I think our challenges are going to be construction costs and interest rates, something that everybody’s watching, and just how these deals get put together may shift a bit.” Robertson hopes to see more companies choosing to relocate a division to the area. “We’ve seen a little bit of it, I’d love to see more of it. With flexible work, I think we are going to see more of it in cities like Minneapolis and St. Paul, where the cost of living is much lower than the Bay Area or Seattle. He added, “We have a diverse economy, all the things that Greater MSP is promoting, so I’m hoping in five years, we have more success on that front.” Simning says he’s an optimist at heart and talks about other downturns in which investors found real estate a good investment. “We started buying development land in 2011 on the residential side and the reason I did is just knowing people always seem to go back to the norm.”  As in the past, Simning sees optimism returning, “I think people want to get out again.” No one will dispute that the last year has been difficult for all of us, and it’s easy to get mired in all the bad news.  It was great to spend a few minutes with some hard-working, seasoned real estate professionals who see a brighter future, not only in downtown Minneapolis, but across the region and beyond. Bill Griffith practices real estate and municipal law and is the host of Finding the Future, a podcast that explores innovation in land use and sustainability. Register here to listen the panel hosted by Bisnow. If you have a story about innovation in land use and sustainability, please reach out to Bill.

Finding the Future Podcast Series

Finding the Future: Retail Innovation Doesn’t Wait for a COVID Cure

Walk anywhere in the five and a half million square feet that make up Mall of America and you will find signs of COVID…literally signs that help keep guests safe as they visit and shop the country’s largest retail destination.  Sanitation stations are a few feet apart in every hallway.  Masks are required and strict limits are observed in the theme park and other entertainment venues serving guests of all ages. “As soon as we closed our doors in mid-March, we immediately began looking at how we could reopen and what to factor in to make sure guests feel safe when they reenter our property,” said Jill Renslow, Senior Vice President of Business Development for Mall of America.  “It is really important to collaborate with other businesses in our industry, not only retail but also entertainment.  We think every day about how to assure tenants, shoppers and employees that the country’s largest retail and entertainment venue is safe.” To quickly clean rides and other attractions, Mall of America partnered with Graco, a local industrial company, to adapt their paint sprayers for use with sanitizers.  “It is important that we have a level of consistency throughout our building,” said Renslow.  “Early on we learned a lot about safety parameters from essential retail and we have the benefit of our size, but it was also important to take the time to make sure that people felt like it was a different environment when they walked in.” Today, the entire building is reopened but some venues are under strict attendance limits. “Nickelodeon Universe is open, at limited capacity,” according to Renslow.  “In Minnesota, entertainment venues are limited to 250 people.  We have a seven-acre theme park with only 250 people, it’s like they have the whole place to themselves.  We’re hopeful we can work with the state in the coming weeks and months to increase capacity a bit.” A recent innovation, virtual shopping, started before COVID hit.  Renslow and her team tested virtual shopping during the last holiday season giving guests the opportunity to shop from home. After the mall reopened in June, they partnered with Popshop Live to enable mall staff to host live shopping episodes which shoppers can watch from an app on their phones. “There’s a variety of different brands and channels,” said Renslow.  “You just look for Mall of America and you can find a listing of upcoming shows.  You can tune in and engage with the host.  They will also do some personal shopping while you’re active with the show at that time.”  Renslow said, “It allows us to bring the fun shopping experience of Mall of America into your home or wherever you are to conveniently shop from your mobile device.” If the pandemic has accelerated innovation at the mall, community engagement has caused managers to reach beyond their doors.  Community Commons opened in retail space at Mall of America to showcase retailers displaced by the civil unrest on Lake Street in Minneapolis following the tragic death of George Floyd in May. “We immediately reached out to community leaders to see what we could do to help,” said Renslow.  “You can imagine they were inundated with support and a bit overwhelmed.  It took us a few months, but our conversations resulted in a collaborative retail environment for a number of the businesses affected.” Out of 50 applications, Renslow’s team selected 16 retailers that offered a complementary mix of products.  “Listening to their stories, we wanted to make sure that we were helping those with the greatest need.  It’s been received so well.”  Retailers receive free rent for six months and the opportunity to access shoppers during the critical holiday shopping season.  Afterward, they can choose to stay, expand, or return to their old locations. If short term success at Mall of America means making guests feel safe and engaging shoppers in new ways, in the longer term, Mall of America looks to stay relevant by increasing the number of entertainment options for visitors. Attractions are the driver at American Dream which recently opened in New Jersey with a 50/50 mix of retail and entertainment.  The project was developed by Triple Five, the owner of Mall of America and West Edmonton Mall. Kurt Hagen, Senior Vice President of Development for Triple Five, talked about reopening the American Dream. “They’ve received a great response from the New Jersey market – people are really excited to see Nickelodeon Universe open. The waterpark is open, they have miniature golf, and the ice rink.”  Hagen added, “Again, it’s a large environment, that’s safe, where families can get out of the house and have some fun again.” Hagen hopes to restart plans for the Bloomington waterpark project soon. “As you know, we were a couple of months from getting the waterpark financed when the pandemic hit.  It would be under construction now,” said Hagen.  “It’s part of the secret sauce for these large projects, our resilience is driven by the entertainment component.  Guests come here and experience something they can’t in a typical shopping mall or buy online at Amazon.” At five and half million square feet, Mall of America is only halfway there, as Hagen likes to point out.  “We have entitlements for 10 million square feet of development, and we have some great ideas. Covid was very much a setback, but it has really amplified the importance of diversification and entertainment for Mall of America.” Clearly, a global pandemic has not shaken confidence in the business models created by Triple Five over 40 years ago in Edmonton, Canada.  Neither Renslow nor Hagen would trade their careers at Mall of America for something more recession-proof. “I would just say the family ownership has always been extremely supportive of trying new things,” said Renslow.  “They had this vision from the very beginning of Mall of America, and they support the management team on change and trying new things.”  Renslow added, “We do a lot of pilot projects with technology companies, but we’re very careful not to lead with technology.  We want to drive change, whether it’s utility or convenience for the consumer, and then find technology to support that.” Kurt Hagen echoes Renslow in talking about his experience with Triple Five.  “It’s a company that really allows us to be innovative and they provide the resources to do cutting edge stuff.  Where else can you build the largest waterpark in North America.  What you see at American Dream – the sky’s the limit, they really push innovative ideas, innovative development.”  Hagen concludes, “I love my job. COVID is a little setback we’re going through right now.  We’ll get past this.” As we wrapped up the interview, it was clear that Mall of America plans to lead retail innovation in the future for the same reason they have in the past – they are driven to push the boundaries of their business model – mixing shopping, entertainment, and now virtual shopping and online retailing with new attractions.  Perhaps, the most compelling indicators of future success are their care for the guest experience, and their desire to create bridges to those working to improve the community for the benefit of all. Bill Griffith practices real estate and municipal law and is the host of Finding the Future, a podcast that explores innovation in land use and sustainability. Listen here for the interview with Jill Renslow and Kurt Hagen. If you have a story about innovation in land use and sustainability, please reach out to Bill.

Planning and Development

Pandemic is Driving the Pace of Change in Office Environments

Rather than immediately downsizing, employers are considering revamping their workplaces in response to the work from home experiment.  According to Erin Fitzgerlad and Gordon Wright, panelists on Bisnow’swebinarTwin Cities Deep Dive: Future of Office, clients are rethinking how they use their space and how to make employees feel comfortable returning to work in light of COVID-19. Wright, a leader in global workspace for HOK, says the pandemic has created “a pivot point for employers to focus on the wellbeing of employees rather than metrics like space per employee”.  These trends were underway before the pandemic hit but have really accelerated as employers struggle with how to attract employees back to the office. Fitzgerald, the principal in the Minneapolis office of Transwestern focuses her practice on renovating and repositioning large office buildings.  “Employers are asking, ‘if my employees are productive at home, do I really need all this space?’  They are quickly learning that collaboration, innovation, training and mentoring are difficult outside an office environment”.  Since only ten percent of the office market is considering lease renewals at any one time, it may take several years to see the true impact of the pandemic on office use and design. The most immediate trend to take hold is the protection of employees.  Landlords and tenants are working together to create one-way traffic patterns, restrictions on elevator use, testing and sanitizing stations, and plastic screens to protect employees.  “Landlords have worked around the clock to improve airflow, add air filters, and enhance cleaning protocols in response to the pandemic,” according to Fitzgerald. Both Wright and Fitzgerald agree that the focus on healthy buildings and employee wellness is a trend that will accelerate in the coming months.  “Smart companies will create an individualized approach to employees returning to work, with an emphasis on agility and flexibility”, said Fitzgerald. Recent innovations in remote work, co-working space and bench seating will evolve to create greater distance and comfort for users.  “It doesn’t mean these trends are dead,” according to Wright, “but there will be less of a binary choice of whether we do these things or not.  Everyone has gotten comfortable working from home on some routine tasks, like returning email.”  Still, collaboration and mentoring take face to face contact and employers will adapt to ensure that these important functions can continue in the new office environment. “Nobody liked commuting to work five days a week, 9 to 5, working in a gray cube under fluorescent lights,” stated Fitzgerald.  “Let’s not go back to that. Instead, let’s talk about what we can do to make great gathering spaces where people want to come together and share the creativity of the human mind.” In the competition between urban and suburban locations for tenants, both panelists agreed that there is a place for each office environment in the future. “You won’t see a departure from the urban core because there is energy there and amenities that attract creative talent,” said Wright.  “But suburban markets in Chicago, San Francisco and greater New York have become hot commodities recently as an alternative to bring people together in a place that is often easier to get to.” Large companies are considering some of both types of space – gathering spaces for collaboration and creativity in the urban core and remote or co-working space in suburban or outlying areas for more routine, day to day tasks. “Flexibility is working its way into deal terms,” said Fitzgerald. “Spec space, co-working space and renovated space allow tenants to address immediate needs without a lot of capital expenditure on improvements.” Landlords might agree to more flexibility on the amount of space and the term of the lease in exchange for higher rent. “It allows tenants to get up and running without a lot of out of pocket cost.” Much of the decision about returning to work both here and abroad is tied to whether the pandemic is growing or contracting and whether kids will be allowed to return to school.  In places like Asia and Europe where the rate of infection has slowed, work-life is starting to return to normal and families are planning to send their kids back to school. In parts of the U.S., where infections are increasing, the future is much less certain. Regardless of the outlook for the immediate future, both panelists agreed that the pandemic has accelerated the rate of change in office environments for good. “Employers will need more space because they realize they need a place for their employees to collaborate,” said Fitzgerald.  Wright concluded, “After years of focusing on densification, employers have realized that’s a terrible way to plan a workspace.” Bill Griffith moderated the Bisnow panel and practices land use and real estate law at Larkin Hoffman.  He has an interest in topics focusing on the future of land use and sustainability and hosts a podcast entitled “Finding the Future” which you can listen to here.

Local Government

Making the Most of Virtual Public Hearings

Today, most public hearings are conducted online or by conference call, whether before the Planning Commission, City Council, Board of Adjustments or County Board. Every unit of government has switched to some form of telephonic or video hearing format in response to the global pandemic. The good news is projects are still being approved by local bodies, but making an effective presentation is challenging, particularly when there is a point of conflict to be resolved by the public body. What follows are the best practices for virtual hearings. Start by requesting in-person appearances wherever possible. A few public bodies still conduct hearings in-person, and some are considering hybrid models that would offer either in-person or online appearances. Since in-person appearances are always preferable to online, ask whether in-person is an option. Prepare for the online hearing in the same way you would an in-person appearance. It is always best to dress the part and come prepared. While the pandemic has forced a bit of informality in the hearing process, which comes with its share of electronic glitches, public bodies appreciate the decorum that comes with a presentation prepared by a professional using the same rules of procedure that existed before the pandemic. Send arguments in writing ahead of the hearing. While this is good advice in all cases, it is even more important now that hearings are conducted online.  A good written outline, sent ahead of time, will help the public body follow your testimony and keep you as the presenter on track and within any time limits imposed by the public body. Turn on your video if that’s an option. Most public meetings allow outside participants to turn on the video offered by the platform used for the hearing. By turning on the video, you are elevated to the same status as other participants in the hearing and become a more effective communicator. Make use of online reports, findings and plans. Since almost every project comes with a staff report, you can ask the staff or other presenters to put the report on the screen and then walk through required findings or project plans to make your point. As an alternative, send the staff a package of your materials in PowerPoint or similar format to use during your presentation. Continue to make use of supporters in testimony for your project. Local bodies have gotten good at creating an online queue for those that want to testify. While it may take some patience as they figure out who is online, the hearing must be available for all who want to testify in writing or by audio and video. When you are done with testimony, recap your points and turn off your video or mute your mic. It is now common to hear dogs barking or kids crying in online meetings but it certainly improves outcomes if everyone respects the hearing process by not contributing to the disruption that often occurs when the public testifies from home. Keep your sense of humor. We are living in extraordinary times and are often saved by our own sense of humor in the face of the ridiculous. If someone burps, slams a door or spills a cup of coffee on their keyboard, just keep your wits about you and offer a kind pause while the meeting or hearing comes back to order. And remember to stay safe out there! Bill Griffith has been practicing land use and municipal law for over thirty years. He enjoys interviewing experts on the future of land use and sustainability.  You can listen to his podcast, Finding the Future here.

Finding the Future Podcast Series

Finding the Future: World Leaders Fighting Coronavirus Turn to University of Washington’s Institute for Health Metrics and Evaluation (IHME)

Bill Gates sounds like a prophetic voice today when talking about the day to day impact of a global pandemic and the need for diagnostic preparedness and self-quarantine.  Still, his depth of understanding of the current crisis comes as no surprise to those who have watched where the Bill and Melinda Gates Foundation has awarded big grants over many years for research designed to improve global health. Last fall, I sat down with Kristen Dotson, an architect in the center of the design of the Hans Rosling Center for Population Health at the University of Washington which was largely funded by a grant from the Bill and Melinda Gates Foundation and reflects the foundation’s desire to help all people lead healthy and productive lives by combating extreme hunger and poverty around the globe. A key part of that global mission is reflected in the work of the Institute for Health Metrics and Evaluation (IHME) at the University of Washington, which is also supported by Gates and others.  Today, governors and world leaders are in constant communication with IHME to track the rate of infections, mortality and supplies of protective equipment for health care workers. The work of the IHME in building predictive models over many years is now providing real time data for front line decisions in every state and in many countries around the world. That same type of innovation is driving the design and construction of the Population Health building, according to Dotson.  “Putting them all under one roof is designed to see how researchers can collaborate to find population health solutions further and faster, using data visualization and data tracking metrics,” said Dotson.  This approach aligns with the work of the Gates Foundation, which supports IHME’s work in developing tools like the Global Burden of Diseasedatabase which in turn enables policy makers to make better decisions and investments in helping people live longer, healthier lives. Kristen Dotson, Miller Hull Partnership, Seattle A unique global mission demands a unique building.  Dotson brings two decades of experience in sustainable projects to the team of stakeholders.  Dotson is an architect and director of sustainability with the Miller Hull Partnership in downtown Seattle.  Even the firm’s offices speak to their specialty design practice. “Miller Hull has an incredible company culture and we wanted to hold ourselves to the same standard that we try to push our clients toward.  So we decided to pursue the Living Building Challenge as part of our office renovation,” said Dotson. “We really wanted to leverage the knowledge we have of red list compliant building materials to make the healthiest environment we could and also take advantage of all the daylight since we overlook the Puget Sound.  No one has a private office and all of our partners are scattered among the projects that they’re working on.” Like the Miller Hull offices, the Population Health building reflects the values of its funders, designers and tenants; all stakeholders have worked collaboratively on the design.  It brings together faculty, researchers and students from the School of Public Health, the Department of Global Health and the IHME. “Putting them all under one roof is designed to see how researchers can collaborate to find population health solutions further and faster, using data visualization and data tracking metrics,” said Dotson.  This approach aligns with the work of the Gates Foundation, which supports IHME’s work in developing tools like the Global Burden of Disease database which in turn enables policy makers to make better decisions and investments in helping people live longer, healthier lives. A lot of time went into design on the front end to save time and money on the back end.  “We pulled together as a team to really understand their goals, understanding what they were trying to achieve, not just what the program said, but infusing that mission in every aspect of the building,” said Dotson. “For this particular project, the word “Health” is on the building.  So, if we’re not addressing health at every scale in this project, if we’re not at least thinking about it, then we’ve failed.” When you look at the building’s plans, something is clearly missing from most of the floors of the project, that is corridors and hallways.  That missing element is intentional, it’s not like they forgot to include them or ran out of money and needed to cut costs.  According to Dotson, corridors eat up space and kill collaboration, particularly if corridors lead to private offices. “We want collaboration between these three tenants.  We want them to talk to each other.  We want them to run into somebody they haven’t seen for a while and say, ‘What are you working on?’ Every square foot is trying to build a space where people can linger and socialize in a way that builds their community, but also builds the intellectual capital of the work there.” This fall, the Population Health building will open to faculty, researchers and students.  Well before the global pandemic, the building’s stakeholders promised to use this resource to reach people around the globe, hoping to reduce disease, promote good health, and environmental resilience. Today, the urgency appears even greater as scientists and world leaders collaborate to fight disease and promote global health. Updated post from November 13, 2019 Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges.

Finding the Future Podcast Series

How the Slow City Movement Revived One Small Town in Central Italy

Why would any mayor want to describe his community as a “slow city”?  Stefano Cimicchi is  the former Mayor of Orvieto, a medieval hill town with a population of 20,000 located in central Italy.  Cimicchi was one of the first city leaders to sign on to the “slow city movement” when it began in the late 1990s. Starting in Chianti, the slow city or slow food movement spread across Italy as a way to encourage restaurant owners and wine producers to prepare and sell the highest quality food and drink.  The movement also led to the renewal of cultural attractions as a way to bolster local economies. In these small cities, slow food offers a sharp contrast to fast food and a homogenous global culture.  The result of this movement is seen everywhere – in Umbria, Tuscany and beyond.  New organic and farm to table restaurants have opened, along with reinvestment in cultural attractions.  A byproduct of the movement is agritourism, where owners of rural farms and vineyards open their homes to visitors much like a bed and breakfast in other parts of the world.  All over the countryside, visitors stay in small farms and stone buildings adapted to tourism, wine tasting, cooking classes and cultural engagement. Orvieto tapped into this movement when Cimicchi, then mayor, helped start the Orvieto Jazz Festival over 25 years ago.  The annual five-day festival now attracts musicians and visitors from all over the world for a wide variety of concerts scheduled between Christmas and New Year’s.  Parades wind through ancient streets, attracting kids and families who can’t help but follow along.  Concert venues, bars and restaurants in the city offer musical performances from early in the afternoon to late into the night.  All of this cultural activity helps attract business and visitors at a time of year when the Umbria region can be a bit sleepy. Back in the 1990s, Cimicchi and other local leaders convinced the Italian parliament to invest the equivalent of $150 million in rebuilding Orvieto’s failing infrastructure, crumbling city walls, and in restoration of the city’s 800-year old cathedral, known as the Duomo.  They even installed digital cable beneath the city using ancient caves and tunnels.  The project signaled a rebirth of the city and was the first major investment since almost 5,000 troops left the city over 20 years ago. “We managed this project to address different things – the water pipeline, the cable pipeline, the buildings, the cathedral, and the roads,” said Cimicchi.  As infrastructure was improved, Orvieto also pursued what he calls the “knowledge economy” using the digital infrastructure beneath Orvieto.  “Our idea was to improve the knowledge economy at the same time we improved the economy of taste, the gusto.” Today, Orvieto has programs of study with eight American universities offering classes on art, architecture, anthropology and archaeology.  American students are attracted to the hills and valleys that surround Orvieto because the area acts like an open archaeological site.  The Italian government supports field study of these ancient sites which date back thousands of years to the Roman Empire and the Etruscan Era. Today, military buildings that once housed soldiers are at the center of the new economy which includes slow food, university classes and the digital infrastructure that supports the knowledge economy.  Cimicchi thinks back to the creation of the jazz festival, agritourism, and slow food.  At that time, old infrastructure and failing restaurants closed up to make way for new restaurants, attractions, and bed and breakfasts in ancient farmsteads.  Standards for food and wine improved dramatically, and visitors started flocking to Orvieto in response. Cathedral in Orvieto, Italy Cimicchi is also proud of the renovation of the spectacular cathedral in the center of the old city of Orvieto.  It is clear that this medieval attraction is the starting point for this historic city, but not the end.  If people like Cimicchi continue to drive the discussion, Orvieto will look as much to its future as it does to its past. Bill practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges. His work has been recognized with the LexBlog Excellence Award for exemplary writing on legal blogs. He also creates the podcast series, Finding the Future: Innovations in Land Use and Sustainability.

Finding the Future Podcast Series

Finding the Future: Can the Great Lakes Survive?

When the gales of early winter whip up the waters of the Great Lakes, rock formations and sand beaches take a beating and often give way to the force of these majestic water bodies. We’ve seen recent headlines announcing the fall of the “sea stack” on Minnesota’s north shore as a winter storm reduced this often photographed landmark to a pile of rocks below the waves. Similarly, lake-shore flood warnings have become common in places like Green Bay, Milwaukee and Chicago as they deal with record water levels on Lake Michigan. Just beneath the surface lies a more insidious threat to the life of the Great Lakes which was largely created as a result of shipping and commercial fishing over many decades. Dan Egan, a news reporter and author has been covering the great lakes as “his beat” for almost 20 years. He is the author of The Death and Life of the Great Lakes. As Egan notes in his book, these threats affect more than 20 percent of all the freshwater in the world which is contained within the five great lakes. For anyone who grew up on or near one of the Great Lakes, it’s hard to imagine life without the majestic blue expanse of these beautiful water bodies. Lake Michigan contains miles of sand beaches that rival the coast of Florida. Lake Superior holds vast amounts of wilderness on both sides of the border with Canada. Even Lake Erie has made a remarkable come back from the days when the tributary Cuyahoga River famously caught fire in 1969. In a bit of irony, the fire helped give a boost to passage of the Clean Water Act and the creation of the Environmental Protection Agency. Egan’s book recounts the early days of commercial fishing, the opening of the St. Lawrence Seaway and the invasive species that were unleashed with the dumping of ballast water from ocean going vessels. According to Egan, “Zebra mussels have gobbled up the plankton so critical to the food chain in Lake Michigan, resulting in a crash of many of the species of fish that have supplied stores and restaurants along the lake for decades.” Threats to these freshwater lakes abound, said Egan. “We have water quality threats tied to invasive species, which itself is a form of pollution.  Toledo lost its drinking water supply back in 2014 due to an outbreak of toxic algae.  The mussels aren’t toxic but they really exacerbated the algae bloom since they eat everything in the water column except the toxic algae.”  Egan said Toledo officials issued a drinking water ban, “and you couldn’t boil your way out of it because that would just concentrate the toxin.”  In a few days, the city restored the drinking water supply, but it was a clear warning that threats to this critical resource exist even for people living along the largest supply of freshwater in the world. Another big threat is the Asian Carp held at bay in the Chicago River by an electronic fence submerged in the river.  Egan said other places are considering genetic engineering to deal with similar threats.  In Tasmania for instance, scientists have considered altering the genes of invasive species to cut off the species in a generation or two.  Still, Egan isn’t sure genetic engineering is the right answer.  “It’s a frightening idea that you would genetically manipulate these fish so they couldn’t produce female offspring.  If this book is about anything, it’s about the unintended consequences of well-intentioned actions that didn’t turn out the way people had planned.” As a reporter, Egan sees his role as a story teller, telling a story of potential environmental disaster and perhaps some practical ways to mitigate the worst of the threat. “These lakes are still ‘great’ literally, and they could get a lot worse. So we need to appreciate what we have and we need to do what we can learn from our past mistakes.” Dan Egan is on leave from the Milwaukee Journal Sentinel to write his second book which takes on the use and overuse of phosphorus in commercial farming operations.  According to Egan, “It’s a critical question for our food security.” He also continues to serve as a fellow for the School of Freshwater Sciences at the University of Wisconsin-Milwaukee.  His writing makes the science of freshwater protection accessible for a wide range of readers and his commitment to protection of this unique resource is unquestionably the driving force of his career. Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges.

Construction

Protecting Church Real Estate Assets—Case Studies from the Twin Cities

When a developer proposed a 29-story tower above the oldest church in Minneapolis, threatening the stability of historic buildings, what did church leaders do? They went on the offensive and brushed up on their rights under land use and zoning regulations.  That was one of several case studies presented by land use and real estate attorneys Jake Steen, Brandi Kerber, Victoria Dutcher, Bryan Huntington and Bill Griffith at a recent conference for church business leaders hosted by Larkin Hoffman. The case involved the redevelopment of Nye’s piano bar in Minneapolis into shops and housing immediately adjacent to the historic church of Our Lady of Lourdes.  “We helped the church use the heritage preservation guidelines to go on the offensive since the church was identified as historically significant,” according to Jake Steen.  Steen, who spent five years in planning at the City of Minneapolis, added, “It’s also located in the St. Anthony Falls Historic District so there are district and individual protections for the church and we were able to identify historical damage that was done by similar projects.” Ultimately, church leaders persuaded the development team to scale back the Nye’s project to six stories. City leaders required preservation of the historic elements of the Nye’s building which were incorporated in the redevelopment project. During construction, church leaders granted the developer construction rights through an easement over church property. Brandi Kerber negotiated the terms of the easement, “which allowed the contractor to swing their cranes over the church property.”  Kerber said, “We put a number of provisions in the easement to address construction vibration and compensation for any damage to church property, as well as restoration of the site.” Another case study presented by the panel involved the reconstruction of the Dorothy Day Shelter in downtown St. Paul across from the historic church of The Assumption.  Victoria Dutcher and Brandi Kerber assisted the church in detailed review of title documents dating to the 1800s.  “Catholic Charities approached the City to use a public right of way for parking,” according to Dutcher. “We learned that the church had underlying rights to the real estate on which the parking was proposed and investigated title for the church.  In the end, this discovery led to a long-term parking arrangement between the City, the church and Catholic Charities.” An often overlooked federal law has helped local churches negotiate with government officials in matters of land use and zoning. Bryan Huntington described how the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) was recently used to secure zoning for a drop-in site for the homeless in St. Paul.  First Lutheran Church has a relationship with Listening House, which provides services to the homeless. The City of St. Paul placed restrictions on Listening House, including that only 20 homeless persons a day could be served—even though there was capacity to serve many more.  The church sued under RLUIPA and, following a settlement, was awarded over $300,000 in attorney’s fees.  “Attorney’s fees are a powerful remedy in a land use case.  The threat of attorney fee recovery dramatically changes the stakes in favor of churches and religious institutions,” according to Huntington. Brandi Kerber also addressed the importance of understanding whether rental restrictions apply to church housing and knowing how to file for real estate tax exemption. “We were faced with trying to figure out how to transport cloistered nuns from their property for a routine property inspection,” said Kerber.  “We convinced the City that the nuns were exempt from the rental housing provisions and some cities later changed their ordinances to exempt church property.” Whether negotiating leases for cell towers, parking or charter schools, or negotiating zoning approvals, real estate issues increasingly present complex decisions for churches. Church business leaders are learning to develop sophisticated strategies and policies for protecting church assets and often turn to land use and real estate attorneys for critical advice. Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman. He represents a number of churches, charters schools, and nonprofit institutions, among his other real estate clients.  Bill served as moderator of the real estate panel.

Real Estate

Bisnow “State of the Market” Offers Upbeat View of Commercial Real Estate in Minneapolis

Political storm clouds may be gathering over Washington, D.C. and trade wars may be roiling financial markets in the U.S. and overseas, but in Minneapolis-St. Paul, the real estate market continues to move steadily along with an uptick in speculative office projects and continued low vacancy rates in multifamily projects.  That was the assessment of a panel of real estate experts who presented as part of the State of the Market hosted by Bisnow recently in downtown Minneapolis, where over 200 people gathered for an update on commercial real estate projects. Anne Behrendt, who recently took the helm as the President of Doran Companies, kicked off the panel by saying, “As developers we tend to be an optimistic bunch, and I don’t see anything in the real estate fundamentals that gives me concern.  In the Great Recession, real estate was highly over-leveraged but that is not the case this time around.”  She noted that falling interest rates have offset cost increases in labor and construction materials. Lance Wright was the only lender on the panel.  As Managing Director for ACORE Capital, he manages the Central Region, including Chicago and Minneapolis, from offices based in Dallas.  His group closed $1 billion in real estate deals last year and is on pace to beat last year.  Wright said, “Compared to other cities,  the Twin Cities is not overbuilt and construction costs remain relatively reasonable.  And you don’t suffer from the traffic gridlock that is happening in faster growing markets.” Jeremy Jacobs recently jumped from Mortenson Development to head up Colliers Minneapolis office as Managing Director.  He said that outside investors are looking at Minneapolis as an alternative to tech cities that have experienced problems that come with rapid growth, like high housing costs, congestion and construction interference.  Jacobs also noted the trend to create walkable communities with services and amenities nearby is here to stay, “this is what buyers, renters and office workers are looking for, along with a sense of community.” One recent development that has the potential to disrupt the pipeline for new multifamily projects is inclusionary zoning.  Cities have attempted to solve the shortage in affordable housing with housing ordinances that require developers to set aside affordable units or buy their way out of the requirement.  So far, Minneapolis, Edina, Bloomington and St. Louis Park have enacted ordinances that mandate affordable housing. “We didn’t really have a seat at the table,” said Behrendt.  “It can work but it makes projects much more difficult when putting together a proforma and each City has a different approach.  It would be better if there was a regional or statewide solution to the problem.”  Jacobs also acknowledged, “the need for housing is real but it won’t be solved on the backs of developers. Housing is a societal problem and we are going to need a societal solution.” Several panelists commented on the recent spate of new office projects. Wright is partnering with Ryan Companies to finance 10 West End, a new office project in St. Louis Park. “I looked at this market and noted that it’s been 18 years since a major new office project has been delivered to the market.  Besides, your rents aren’t sky high and demand is improving.” Earlier in the program, Bill Katter of United Properties gave an update on the Gateway project on the north end of the Nicollet Mall, which broke ground in June.  The 37-story mixed use project is anchored by a Four Seasons hotel and the offices of RBC, and topped off with high-end condos.  In addition, The Nordic and 419 Washington are two new downtown office projects delivered to the market in 2019. Erin Fitzgerald, a principal with Transwestern, is bullish about leasing almost 200,000 square feet in the Wells Fargo Center.  “It’s almost its own market – this landmark building has never had this much space for lease since it first opened.  People love the location and amenities in the core of downtown.”  She’s also looking forward to the renovation of the former Dayton’s department store with new offices, retail and a food hall.  “We need retail in downtown with so many people living and working here and the food hall is going to be one of those places we tell visitors, ‘you just have to see it’.” A bright spot in the office market across the country is “co-working” office space.  It’s both an opportunity and a risk for landlords, according to Wright. “It’s been a great way for landlords to fill space and help startups, but we haven’t seen what happens to this space in a downturn, that’s why we recommend limiting co-working to no more than 20 percent of a building.” As the panel closed out the morning, no one sounded the alarm on the market and all four panelists remain optimistic about the future of commercial real estate in the Twin Cities.  “When things do slow down, you want to have capital and ask yourself ‘where do we want to be, where are the opportunities?’” according to Behrendt. Bill Griffith is a shareholder at Larkin Hoffman and practices land use, real estate and municipal law.  He represents Mall of America and the City of Columbus, as well as a number of local and national real estate owners, managers and investors. Bill served as moderator of the State of the Market panel hosted by Bisnow.

Finding the Future Podcast Series

Finding the Future: Guatemalan Fishing Village Bans Plastics

Visitors to San Pedro La Laguna typically arrive by water taxi at docks that are shared with fishing boats and tour guides.  Just up the hill a couple of blocks is a long bright banner strung between buildings announcing the plastics’ ban rolled out three years ago.  San Pedro is a small town of 13,000 residents, a fishing village really, which has grabbed international headlines for leading the region in efforts to remove plastic waste from a beautiful volcanic lake, known as Lago de Atitlan. It may surprise some to learn that the Lake Atitlan hosts visitors from around the world.  Eleven picturesque villages offer a warm welcome, as well as a glimpse into the culture and lifestyle of its mostly Mayan residents.  Among them, the town of San Pedro stands out for its efforts to clean up the lake by adopting strict bans against plastic bags, straws and Styrofoam containers, beginning in 2016. At the center of this effort is San Pedro’s Mayor, Mauricio Mendez, who is attracting international attention for his leadership in environmental protection. Mendez is rightfully proud of his community and describes the effort in this way:  “San Pedro La Laguna is one of the pioneers in environmental matters on a national level.  We have become, as the locals say, the ‘tip of the spear’ in planet preservation.”  Mendez left the village for Guatemala City to study architecture and credits his parents for giving him the opportunity to attend University of San Carols in Guatemala City.  As an architect, he decided to return home to improve the village and surroundings of San Pedro. Officials from as far away as Germany and China now come to Guatemala and Lake Atitlan to study implementation of the plastics’ ban, but Mendez doesn’t let it get to his head.  “We are doing our jobs. We cannot lose our heads for press – it is only a minute of fame and fame kills, you have to be clear that your feet are on the ground.”  Any praise from Mendez is for the people of San Pedro La Laguna. “We could have created a lot of laws and local norms but then the people wouldn’t have accepted it.  Instead, we went door to door to convince our residents to help us rescue the lake, to rescue the planet.  Also we went from classroom to classroom, from school to school, and kept talking about our planet’s conservation.” Nearby villages are now considering similar bans, including Santa Lucía Atitlan, and one of the public universities. The next project Mayor Mendez is working on is reduction of gas powered vehicles and conversion to LED lighting.  “We’ve reduced our carbon footprint by 50 percent.  Most of the street lights are LED and we are the only municipality that has decarbonized vehicles.”  Earlier this year, the City helped residents convert to LED light bulbs in their homes.  “For example, if their electric bill is $100 quetzals, we change the light bulbs and the bill drops to $50 quetzals.  That means there will be $50 quetzals to buy 50 eggs so that the kids can eat better; and that improves their ability to concentrate in school.”  The Mayor says that the LED project is not only an effort to improve the environment and save electricity, it is an integrated project that is intended to create a better quality of life for residents of San Pedro. In just three years, the ban on plastics has cleaned up this small village which now serves as a model for others near and far.  Today, visitors who walk by stores and restaurants in San Pedro see few bags, plastic or otherwise.  In fact, there is very little garbage in the streets or near the shore, which is not always the case in the other villages that ring Lake Atitlan. Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges.

Finding the Future Podcast Series

Finding the Future: Guatemalan Fishing Village Bans Plastics

Visitors to San Pedro La Laguna typically arrive by water taxi at docks that are shared with fishing boats and tour guides.  Just up the hill a couple of blocks is a long bright banner strung between buildings announcing the plastics’ ban rolled out three years ago.  San Pedro is a small town of 13,000 residents, a fishing village really, which has grabbed international headlines for leading the region in efforts to remove plastic waste from a beautiful volcanic lake, known as Lago de Atitlan. It may surprise some to learn that the Lake Atitlan hosts visitors from around the world.  Eleven picturesque villages offer a warm welcome, as well as a glimpse into the culture and lifestyle of its mostly Mayan residents.  Among them, the town of San Pedro stands out for its efforts to clean up the lake by adopting strict bans against plastic bags, straws and Styrofoam containers, beginning in 2016. At the center of this effort is San Pedro’s Mayor, Mauricio Mendez, who is attracting international attention for his leadership in environmental protection. Mendez is rightfully proud of his community and describes the effort in this way:  “San Pedro La Laguna is one of the pioneers in environmental matters on a national level.  We have become, as the locals say, the ‘tip of the spear’ in planet preservation.”  Mendez left the village for Guatemala City to study architecture and credits his parents for giving him the opportunity to attend University of San Carols in Guatemala City.  As an architect, he decided to return home to improve the village and surroundings of San Pedro. Officials from as far away as Germany and China now come to Guatemala and Lake Atitlan to study implementation of the plastics’ ban, but Mendez doesn’t let it get to his head.  “We are doing our jobs. We cannot lose our heads for press – it is only a minute of fame and fame kills, you have to be clear that your feet are on the ground.”  Any praise from Mendez is for the people of San Pedro La Laguna. “We could have created a lot of laws and local norms but then the people wouldn’t have accepted it.  Instead, we went door to door to convince our residents to help us rescue the lake, to rescue the planet.  Also we went from classroom to classroom, from school to school, and kept talking about our planet’s conservation.” Nearby villages are now considering similar bans, including Santa Lucía Atitlan, and one of the public universities. The next project Mayor Mendez is working on is reduction of gas powered vehicles and conversion to LED lighting.  “We’ve reduced our carbon footprint by 50 percent.  Most of the street lights are LED and we are the only municipality that has decarbonized vehicles.”  Earlier this year, the City helped residents convert to LED light bulbs in their homes.  “For example, if their electric bill is $100 quetzals, we change the light bulbs and the bill drops to $50 quetzals.  That means there will be $50 quetzals to buy 50 eggs so that the kids can eat better; and that improves their ability to concentrate in school.”  The Mayor says that the LED project is not only an effort to improve the environment and save electricity, it is an integrated project that is intended to create a better quality of life for residents of San Pedro. In just three years, the ban on plastics has cleaned up this small village which now serves as a model for others near and far.  Today, visitors who walk by stores and restaurants in San Pedro see few bags, plastic or otherwise.  In fact, there is very little garbage in the streets or near the shore, which is not always the case in the other villages that ring Lake Atitlan. Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges.

Finding the Future Podcast Series

Mayo Expands Beyond Bricks and Mortar to Reach Consumers: Interview with Jim Yolch, Global Business Solutions

At each of three campuses, located in Minnesota, Arizona and Florida, Mayo Clinic is busy expanding hospital, clinic and treatment facilities.  These building projects are designed to offer leading approaches in medicine, centered on diagnosis and treatment of difficult diseases – the key to Mayo’s worldwide reputation as one of the top providers of health care. Jim Yolch, leads Mayo Clinic’s global business solutions, taking Mayo beyond traditional medical centers into consumer ventures that include Mayo’s digital platform, as well as publishing and retail partnerships.  Yolch is interested in how Mayo effectively connects with consumers.  To prove the point, he notes that their website mayoclinic.org receives 2 billion inquiries for medical information each year. So, how does Mayo take 150 years of accumulated medical research and know-how and repackage it for consumption by the general public?  That’s what Yolch and his team get to think about every day.  “We’re, seeing more interest in digital and virtual interactions.  The smart phone and the technology that we all carry around in our pockets today has reshaped how we buy things, including health care.  We’re just a few clicks away.  So, how bricks and mortar can serve healthcare versus how digital can serve healthcare in the future – both are being shaped by consumerism.” This doesn’t mean that Mayo Clinic is less involved in real estate.  In recent years, these new commercial ventures have taken Mayo into malls, bookstores, sports medicine facilities and even resorts.  Yolch said, “You may see Mayo and other providers moving into retail locations with very specific practices combining things like dermatology, plastic surgery, and ENT.” Still, the core of the medical practice can be found in three destination medical centers in Rochester, Jacksonville and Scottsdale, where hospitals and clinics combine to serve patients. The next big frontier has arrived at Mayo, as it has at other hospitals and clinics, and that is the use of artificial intelligence and machine learning to help diagnose and treat disease and illnesses. Yolch explained, “The amount of data that we now have from 10 to 15 million patient records is significant.  When you think about artificial intelligence and machine learning combined with 5G technology, we can start to build models for predicting outcomes without really collecting a specimen from the patient.”  This means patients may stay closer to home in the future, receiving less intensive forms of medical care or advice (Mayo/Google announcement here). Health care as an industry will soon equal one-fifth of our economy, or close to a trillion dollars in expenditures annually.  No wonder technology giants and startups alike have trained their collective gaze on health care and are ready to disrupt business as usual.  Yolch is in just the right place to imagine how technology can actually improve health care delivery. “Bringing that kind of technology to health care is what excites me about some of the things that I’m working on right now, where we can really serve more patients in a better way.   And for those that we can help, we can get them to our campuses sooner if they need to be seen.” Yolch explains that more patients will connect with Mayo digitally or virtually, and then follow up with local providers.  “We can use technology to better connect patients with the care they need.  That’s what really gets me excited every day.” Bill Griffith practices land use, real estate and municipal law at Larkin Hoffman.  He represents Mall of America and the City of Columbus, Minnesota, as well as other owners, managers and developers of real estate.  He has a special interest in sustainable solutions to land use and development challenges.

Finding the Future Podcast Series

Introducing a New Podcast Series

Finding the Future: Innovations in Land Use and Sustainability Picture the future.  Does it include automated vehicles? Will we fly from place to place in personal pods like in the sci-fi movies we have watched?  What else does the future hold and who will shape it?  Land planners predict the future will be shaped by compact development and multi-modal transportation, meaning choices to travel by car, transit, bikes, on foot, and even scooters. That is the idea behind Finding the Future, a series of podcasts with thought leaders and innovators in land use and sustainability.  Some of the topics we will cover in the series include how Mall of America, the nation’s largest retail and entertainment center, uses innovative land use concepts to remain fresh and relevant in a turbulent retail environment.  Far away,  on the shores of Lake Atitlan in Guatemala, you will learn how a small fishing village is demonstrating leadership in environmental protection by banning the use of plastic bags.  Another episode takes a look at the largest complex of freshwater in the world, the Great Lakes, and the vast changes to the lakes happening just below the surface. As a land use lawyer for over 30 years, I have observed how difficult it can be to balance the need for cities and towns to grow and prosper with the impact of growth and development on the natural environment.  In some ways, we want it all.  Safe and vibrant cities, beautiful open spaces, recreational opportunities and workplaces that are productive and healthy.  Without a strong economy in which business and commerce flourish, however, none of this is possible. In every era, innovators and leaders come forward to solve the most pressing problems of the day or provide opportunities to improve our quality of life.  I think of the “City Beautiful Movement” that happened in the early 1900s in places like Chicago, Cleveland, Detroit and Washington D.C.  Behind the movement was a desire to link architecture and urban planning to create beauty in public spaces and monumental grandeur in growing cities.  The  National Mall in Washington, D.C. is an example of this type of design philosophy, as are the malls and plazas often associated with state capitals and public universities across the country.  Chicago architect, Daniel Burnham, who developed the 1909 Plan of Chicago is often associated with this movement, which was featured in the grim historic novel, Devil in the White City. Another example of innovation that impacts land use around the world is mechanized farming.  Norman Borlaug was an American agronomist who was born in Iowa and won the Nobel Peace Prize for his leadership in what was termed the Green Revolution.  His high-yield farming practices are credited with saving over a billion people from starvation.  Environmentalists now question some of his practices but there is no doubt that his work still affects how we farm, eat and maintain land. A little closer to home is former Minneapolis Mayor Al Hofstedt who chaired the Metropolitan Council in its early days and encouraged urban renewal at the same time he protected historic neighborhoods closest to downtown Minneapolis.  Waymo, a spin-off of Google, is a more recent example of innovation impacting land planning.  Waymo introduced self-driving cars as a taxi service in Phoenix, Arizona using real riders.  Already, city planners are altering projections about the amount of parking that will be needed in the coming years and making plans to convert parking structures into other land uses. It doesn’t take much effort to discover that people in cities big and small are working on ways to make our future better and more sustainable.  What that means to different people is as varied as the opinions on a social media page, but what is exciting is that people care enough to think about it, talk about it and reflect on the best way to implement new ideas in land use.  Let me know if you have a unique story to tell.  I’m ready to listen. Bill Griffith

Finding the Future Podcast Series

Bloomington’s Plans for the Ultimate “Wow!” Waterpark.

For years, developers and planners have tried to figure out the best way to add a waterpark to Mall of America.  The mall already boasts Nickelodeon Universe, the largest indoor amusement park in the country.  Now, plans for a waterpark are getting serious. The city of Bloomington recently selected Provident Resources Group, a national nonprofit to own and operate the attraction. Under a unique financing arrangement, the nonprofit model allows the City to partner with Provident to “lessen the burdens of government” by undertaking economic development on behalf of the City.  What this means in practical terms is the nonprofit will issue tax exempt bonds and shield the city’s taxpayers from risk. Thanks to a 30 year partnership with the city of Bloomington, Mall of America continues to expand, grow and renew itself.  Even in a time of turbulence in the retail industry, visitors keep coming helping to fill up nearby hotel rooms and expand  the city’s tax base.  This is the purpose of the tax exempt program the City has landed on. Kurt Hagen has been dreaming about a waterpark since he took over development for Triple Five 13 years ago.  “We have to give people a reason to come back to Mall of America.  We need to create something that they can’t experience or buy online.”  Mall of America still attracts 40 million visitors each year and part of that success is attributed to the strong draw of entertainment.  In fact, mall managers program 350 to 400 events each year in the courts outside of anchor stores. Plans for the 250,000 square foot waterpark are under development, but expect the project to contain plenty of unique slides, a large wave pool, areas for groups and families, and entertainment for young people.  The current schedule calls for construction to start next February with an opening a little over two years after that. For more information, listen to the podcast, Finding the Future.

Transit and Transportation

Finding the Future: What’s Waymo?

If you haven’t heard of Waymo, you’re probably not alone. I didn’t know of the work of Waymo until I started reading up on the phenomenon that is known as “self-driving” cars. Waymo is the Google self-driving project that became a standalone subsidiary in December 2016. Last year, Waymo launched a self-driving taxi service in Phoenix, Arizona, as a limited trial of this technology using real people.  Today, over 400 riders have signed up to use the new car service. How does it work? Waymo engineers use sensors, software and cameras to operate driverless cars. After test driving and simulating driverless trips for over 10 million miles, Waymo engineers believe that they can ensure safe driving conditions under different weather conditions, including snow and rain. In Arizona, riders young and old have signed up for the trial program. Fleet dispatchers arrange rides to the gym, shopping, work and entertainment over an app, much like ride sharing services today. In addition, Waymo has partnered with public transportation providers in Phoenix to connect users of transit with a ride for the “last mile” of their trip, getting people to final destinations in areas unserved by transit or public transportation. What this means is transit riders can get off buses and light rail and connect to Waymo for a ride to their final stop, whether it is work, home or a doctor’s appointment. While the pilot appears mostly successful, it’s not without some controversy according to reports published recently in the Arizona Republic.  Chandler police have documented 21 incidents in which people have harassed or threatened driverless vehicles used in the trial. Since self-driving cars use radar, lidar, and cameras to navigate, they are able to capture these events in enough detail to identify those involved. Still, it must be a little intimidating to riders when opponents of this technology actually assault vehicles. Next up is a road test of self-driving for trucks. Earlier this year Waymo launched a pilot in Atlanta where self-driving trucks carry freight bound for Google’s data centers located there. The launch in Georgia comes after a year of road tests with trucks in California and Arizona.  While the technology is similar to cars, it takes a bit more technology to maneuver a fully loaded truck and trailer. In my home state of Minnesota, outgoing Governor Mark Dayton just announced recommendations for connected and automated vehicles.  Transportation Commissioner Charlie Zelle chaired an advisory council that recommended legislation to authorize a pilot program for safe testing of self-driving vehicles and platooning of trucks. I can’t think of a better place to test whether self-driving cars and trucks really can operate under all weather conditions.

Legislative and Judicial Updates

Opportunity Zones Attract Attention of Real Estate Investors

Real estate investors across the country are asking how to tap tax benefits for investing in projects in low-income areas, known as “Opportunity Zones” under an obscure provision of the 2017 Tax Act. They may not have to wait much longer – the federal government just released guidance for comment. Nuts and Bolts A little background is needed since the program is so new.  As part of last year’s Tax Cut and Jobs Act, authors of the bill included tax benefits to defer or reduce capital gains taxes.  According to the IRS, an Opportunity Zone is an economically distressed area of a community where new investments, under certain conditions, may be eligible for preferential tax treatment. After the bill became law, the Governor’s office, designated 128 low-income census tracts as Opportunity Zones eligible for investment under the new law and the U.S. Secretary of Treasury approved the designation.  The principle benefit of investing in an economic development project within an Opportunity Zone is the deferral of taxes on prior capital gains.  In addition, if an the investor holds the investment in an Opportunity Fund for at least 10 years, the investor would be eligible for an increase in basis equal to the fair market value of the investment on the date that the investment is sold or exchanged. A qualified Opportunity Fund is an investment vehicle that is set up as either a partnership or corporation for investing in eligible property that is located in an Opportunity Zone and that utilizes the investor’s gains from a prior investment for funding an Opportunity Fund.  Investors don’t need to live in the Opportunity Zone to take advantage of the tax benefits.  Investors simply need to invest in a qualified Opportunity Fund. Tax Benefits To qualify for the tax benefit, the investor self certifies.  In other words, there is no approval by the IRS to certify eligibility.  The taxpayer completes a form issued by the IRS and attaches that form to their taxpayers Federal Income Tax Return for the taxable year.  As an example, if an investor sells stock in 2018 and invests in a qualified opportunity fund within 180 days of that sale, the investor can defer the gain on the sale.  At the time of filing a federal tax return, the taxpayer may elect to defer all or some of the gain. There are a few important things to keep in mind when deciding whether to use this economic development tool to spur redevelopment of the property. This is an investor incentive, not one that is awarded to individual companies.  All incentives relate to capital gains, present and future, not operating revenue or cost.  There are no upfront appropriations by local, state or federal government.  Because the program is market based, investors will determine whether or not they see tax benefits through investment in economic development projects. In short, the program offers investors three specific incentives for investing unrealized capital gains in eligible projects. Deferral – an investor may defer capital gains taxes until 2026 by investing and keeping unrealized gains in an Opportunity Fund. Reduction – the original amount of capital gains on which an investor has to pay deferred taxes is reduced by 10 percent if the Opportunity Fund investment is held for five years and another 5 percent if held for seven years, for a total reduction of 15 percent. Exemption – any capital gains made on investments made through the Opportunity Fund accrue tax free as long as the investor holds them for at least ten years. Proposed Guidance Released The Treasury Department and the IRS recently released guidance for the Opportunity Zone tax incentive and will take public comments until a hearing for January 10, 2019. After that, the guidance will be finalized to give better direction on how investors can use this new economic development tool.  In the meantime, investment firms have already begun creating Opportunity Funds by aggregating investments based on the assumption that there will be a limited window in which to make qualified investments.

Transit and Transportation

Finding the Future: Development Plans for Driverless Cars Already Taking Shape

Imagine a world without gas stations, parking ramps or parking meters. It may sound crazy, but many people in real estate development and design are doing just that. In my last post, I introduced the discussion taking place around autonomous vehicles, or “AV” for short. Momentum for AV is building as car companies and technology companies join forces to advance legislation and design for a world where vehicles driven by people are no longer the norm. In this post, I take a look at local efforts to prepare for this future. Bloomington is a good example of a traditional suburb with some forward looking development districts. Neighborhoods like South Loop and Penn American are designed for a shift to a more sustainable future where people again live and work in close proximity, walk to dinner or shopping and travel by transit or ride share. Bloomington Central Station is located in the city’s South Loop, a district served by light rail and anchored by the Health Partners campus. In recent years, the urban redevelopment project has added condos, apartments, hotels, restaurants and structured parking all wrapped around a central park. Urban design elements include easy pedestrian access to amenities, public parking and public art. Convertible Design Funding provided by the Bloomington Port Authority has leveraged the value of this key location near Mall of America and the Minneapolis-St. Paul International Airport. According to Port Authority Administrator, Schane Rudlang, the next phase of the project will include parking that is designed from the start to convert to residential units if parking ratios drop significantly as a result of ride sharing and AV. “If the public is putting money into parking, looking at the opportunity to convert parking in the future is the responsible thing to do,” according to Rudlang. Parking levels are flat, not ramped, and the upper levels of parking are designed to be removed to make way for construction of housing units. “Convertible designs don’t have to cost more to build, but they do take some planning ahead of time,” said Rudlang. Mall of America, the largest retail and entertainment complex in the country, is still growing and designs for expansion of the mall will look closely at conversion of parking and other uses. “When you design a project to attract visitors for the next 50 or 100 years, you have to spend some time anticipating the future,” said Kurt Hagen, Senior Vice President of Development for Triple Five Worldwide. Future Focus Whether it’s parking, rides, attractions, or dining, owners and developers are now considering how they convert space and uses when the next big thing comes along, like virtual reality. For instance, Mall of America has far more dining and entertainment options than when it first opened in 1992. Its transit station is expanding and electrical vehicle stations provide charging for Teslas that can be rented onsite by the hour or the day. Many still scoff at the idea that the majority of us will ride in shared or driverless cars, but consider construction of the interstate freeway system. When it was unveiled in the 1950s, most families had one car and still took trains to visit family out of town. Today, we can’t imagine a world without the convenience of the interstate and our single-occupancy, gas-powered vehicles. The future is right around the corner and some predict that more of us will be riding in AV than traditional driver-driven vehicles by 2030.

Transit and Transportation

Hitting the Open Road with Driverless Cars

With the advent of driverless cars, young people are already lamenting the loss of freedom to hit the open road. Seemingly every major car company and every major technology company is racing to be on top of this promising new technology, referred to by many as “AV” or autonomous vehicles. What does AV mean for real estate? According to experts at the Urban Land Institute, planners are designing new parking garages with flat plates for easy conversion to other uses like offices, retail, hospitality and community gathering spaces. Streets and sidewalks will make way for cafes and other active uses as the need to park cars on the street is significantly reduced. According to a report by Fortune in 2016, the average car in the U.S. is parked 95 percent of the time. This simple fact means AV will bring much greater efficiency to transportation, with most cars working on the roadways all day long rather than sitting idle in the garage. With new technologies, such as radar, lasers and cameras, driverless cars will drive closer, stop quicker and avoid crashes more often than vehicles operated by drivers. Even crashes and accidents that involve driverless cars today are largely based on human error; someone walking in front of driverless vehicle; or a driver-operated car striking the driverless vehicle. Recently, Andy Cohen, co-chair of Gensler, told a Minneapolis audience of NAIOP members that 2020 will be the peak sales year for cars in the U.S., followed by a steady decline due to driverless cars. Uber and Lyft are making it cheaper to rideshare than own a car in many major U.S. cities. Insurance companies are surely taking note of the rapid roll-out of AV technology given predictions that a good portion of the $200 billion auto insurance industry will go away. More than 90 percent of accidents are caused by human error according to the National Motor Vehicle Crash Causation Survey. Roads and highways will be safer, eliminating nearly two million crash related injuries. Still, predictions of the societal impact of AV are not all positive. Today, almost six million workers drive buses, trucks, and taxis. If driverless vehicles advance as quickly as some predict, these dislocated workers will need retraining and new jobs in other industries. All of this change will not happen without new and modified regulations. State legislatures across the country are considering changes to help U.S. companies compete in a global race for dominance that may make the moon shots of the 1960s look like a high school foot race. Last year, the House of Representatives passed the Self Drive Act with bipartisan support. The bill lays out a framework for AV regulation on the federal level. While the history of driverless cars dates back to the 1920s when futurists demonstrated the first radio controlled cars on the streets of New York and Milwaukee, the real potential of this burgeoning technology now rides on advancements in mapping, radar, and smart phones. Given consumer demand to order everything from pizzas to mortgage loans on their phones, it’s not hard to imagine a world where we call for a ride and then check the stock market and sports scores as we tool along in the comfort of a driverless car. Goodbye little GTO! Print:

Transit and Transportation

Met Council Opens Bids for the Southwest Light Rail Project

After almost a year delay, the Metropolitan Council today opened bids for the Southwest Light Rail Transit (SWLRT) project that appear to save $100-$200 million compared to bids rejected a year ago as “nonresponsive.” The price tag for the 14.5-mile line linking downtown Minneapolis with Eden Prairie is $1.9 billion, which includes planning, design, environmental review and right-of-way acquisition. As the lead agency on the project, the council decided to re-issue its invitation to bid on the project after rejecting the first round of bids last September. Consideration of the bids potentially puts the state’s largest public works project back on track. The two bids opened today were: Lunda/C.S. McCrossan – $799,514,338.22 Ames Kraemer – $812,125,583 Next Steps While there is an “apparent low bidder,” members of the council’s staff will now review the bids to make sure they include all construction activities, requirements for things such as workers’ compensation and unemployment insurance, performance bonds, and state and federal legal requirements, including Disadvantaged Business Enterprise goals (16 percent is the goal for the civil construction contract). Next, the council will seek consent of its funding partners, including Hennepin County and the Federal Transit Administration (FTA). Recent Project Milestones In making today’s announcement, the Metropolitan Council identified significant progress on the project in recent months: In February the council and FTA published the Supplemental Environmental Assessment. The council will vote on that document in May. The council has acquired nearly half of the property needed for the project, with relocation of displaced businesses underway or complete. Construction workers have been hired and construction support contracts are in place. Congress enacted its largest single-year appropriation ever this year for transit way projects like SWLRT in its Federal Transit Capital Investment Grant (CIG) Program. If all goes according to plan, rail service will begin on the new line in 2023. SWLRT will serve as an extension of the Metro Green Line that now connects downtown St. Paul with the University of Minnesota and downtown Minneapolis. The extension will add St. Louis Park, Hopkins, Minnetonka and Eden Prairie to the line with 15 new stations. Source: Metropolitan Council

Legislative and Judicial Updates

House Tax Bill Targets Private Activity Bonds

An obscure provision of the House tax bill (H.R. 1, Section 3601) threatens to end a financing tool that has been used by local governments for years to fund critical infrastructure such as airports, seaports, hospitals, educational facilities, affordable housing and tollways, to name a few. Private activity bonds, as they are called, are tax-exempt bonds that are typically issued by municipalities to finance private projects that serve a public purpose. Some estimates put the loss to the municipal bond market at 20 percent of the $3.7 trillion market – that is the share of the market held by private activity bonds. Consequently, housing advocates, finance officers and local government officials are working hard to raise their concerns with members of Congress as the Senate and the House must now reconcile competing bills. The Senate bill does not contain a similar provision aimed at eliminating the tax exempt financing program. So why would House members seek elimination of such a widely used financing tool? First and probably foremost, they have to find ways to pay for a reduction in corporate and individual tax rates. One estimate puts the savings at $38.9 billion over ten years beginning in 2018 (see Government Finance Officers Member Alert). In addition, members of Congress argue that the federal government shouldn’t subsidize financing of private development when some competitors don’t qualify for the bonds. Supporters argue that the private development serves a public purpose and the bonds are widely available to competitors in the market place. Meanwhile, now that the Senate passed its version of the tax bill, calls to spare private activity bonds from the congressional ax will grow louder. A number of industry groups are actively lobbying the issue and circulating talking points to constituents. However, if these efforts are unsuccessful, billions in new projects may be shelved or delayed as proposers look for new sources of project financing. The Minneapolis Star Tribune published an article recently that describes how this provision has caused concern for affordable housing advocates.