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Controversy over riverfront land continues

Request to buy land
is first for riverfront area

By Lynn Zerschling Journal staff writer | Posted: Wednesday, November 28, 2007
SIOUX CITY -- For the second time in two months, city lawmakers are wrestling with a request to turn publicly owned land over to a private entity.

At issue this time is a request from Larry and Roger Miller of Midwest Franchise -- Iowa L.L.C., who have asked the City Council to sell their company 25 acres of land they currently lease for the Mlr Tym Marina, Bev's on the River and Hilton hotel, which is under construction. On Monday, the council voted 3-2 to wait a week before voting on whether to set a public hearing on the matter.

In October, the council unanimously authorized the city manager to begin negotiations to lease land in Cook Park to Girls Inc. so the agency can build there. That vote followed vigorous debate on whether the city should allow a portion of the park to be leased for private use.

Along the Missouri riverfront, in addition to leasing land to the Millers for the marina development, the city leases land to Argosy, the gambling casino berthed at the riverbank, along with large parking lots. The city also leases land to Missouri River Historical Development Inc., which has built the Lewis & Clark Interpretive Center by the river.

The Miller brothers' request to buy the land outright is a first.

"I am not aware of the city selling land that it controls along the riverfront," Patty Heagel, the city's community development director, said Tuesday. "The redevelopment of the marina and needed commercial development to support the marina has been part of the Riverfront Master Plan. It never addressed ownership."

At Monday's council meeting, Heagel proposed the city sell the land, valued at $250,000, for $1. Under the development agreement, the Millers have a 60-year lease on the land, with a 40-year option. They pay the city $18,000 a year. The development agreement calls for an $11.5 million assessed value on their improvements.

"The land sale includes all the land that they have developed -- the marina, pier, restaurant, hotel and parking lots and green spaces that they will continue to maintain," Heagel explained. "All public parking lots and trails would remain public."

The city has invested $3.1 million in the area for roads, storm sewers, additional trails, public restrooms and improvements to Larsen Park Road. No city funds went into the buildings.

"Any sale would include all the same restrictions and oversight the 60-year lease does to protect the use for the long run," Heagel said.

She told the council the Millers want to own the land instead of continuing the long-term lease for two reasons -- to obtain more favorable financing and to create a real estate trust.

"Financing has proven more costly to construct on leased land, since financial institutions can only tie their investment to the improvements themselves," Heagel said. "Additionally, at the end of 60 years, if they wish to no longer to lease, the city is required to purchase their improvements at fair market value."

Roger Miller is president of Concrete Speciality in South Sioux City, and Larry Miller owns the USA Steak Buffets in Omaha. Roger Miller was in meetings Tuesday and could not be reached for comment. Larry Miller was out of state on vacation, an associate said.

Mayor-elect Mike Hobart and Councilman-elect Aaron Rochester said Tuesday they need a lot more information before they could vote to sell that property. Whether the pair will have a chance to vote on the issue after the first of the year remains to be seen.

On Tuesday, Councilmen Jim Rixner and Brent Hoffman recalled that councilmembers were invited to meet individually with the Miller brothers and city staffers three to four months ago.

"Each of the council members was given an opportunity with staff to walk through the property and look it over," Hoffman said. "They drove me around in a golf cart."

Issues discussed included relocating a fence and part of the trail, the proposed water fountain feature, an issue with building the convenience store because of a nearby city well and whether the city would consider selling the property.

Rixner said: "They drove me around in a golf cart and showed me everything. I said, 'Why would I sell you riverfront land?' It doesn't make any sense to me. ... I don't begrudge Mr. Miller or anybody asking us to do something. I think they've done good work down there."

Councilman Jason Geary said, "I chose not to participate" in meeting with the Millers. "I don't need more time. My mind is made up. Let the proposal die."

Hoffman and Mayor Craig Berenstein said they have a number of questions they wish to ask the Millers. Councilman Dave Ferris said he thinks the city will not lose anything by selling the land.

Rochester added: "It is riverfront property. We haven't sold it before, so what does that mean for the future?"

Lynn Zerschling may be reached at (712) 293-4202 or lynnzerschling@lee.net

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Wise up, Sioux City wrote on Nov 30, 2007 12:02 AM:

" Has anyone visited the property the Miller's developed? The buildings including Sioux City's premier restaurant and banquet and future Hilton were funded ($11.5M) entirely by the Miller's. SC collects $517,000 annual taxes from this project. When the lease is up 58 years from now the city could be required to purchase the entire complex at fair market value which would be valued at $20Million or more. Negative opinions concerned with losing the riverfront have overlooked one fact. In 2 years, the Miller's have built something all of Sioux City can enjoy. People visiting Sioux City are amazed at the first class establishment they find at Bev's on the River. Operating such a place requires loads of support from the local market and some considerations to get "more favorable financing". Lets not forget the Miller's are local boys who are investing their own money in their town. If these guys need the city's help and continue to pour $.5M in revenue to the city annually, they deserve it. This city council knows that making Sioux City attractive to businesses will help the city become a better place for all to live. "

Astounded Taxpayer wrote on Nov 29, 2007 12:33 PM:

" If the City Council sells $250,000 dollars worth of riverfront land for a dollar, the members voting for it should be impeached. Farris is definitely the dumbest councilman we have had in decades. "

Don't take from Me wrote on Nov 28, 2007 10:11 PM:

" The city should not and is obligated to not sell the land. This makes me think of the NBA betting scandal or insider trading. Think, $1.00 or even $250,000 dollars now, to help 'today's' Sioux City or allow them to keep paying $18,000 per year on their lease, netting $1080000 after 60 years. That is my generations money already in contract and should be kept in contract. They want to improve Sioux City today but arent thinking about the future and keeping money and placing money where it should be. $1,080,000 - 250,000 = $830,000--This is the present the city councilmen of Sioux City would be giving to the Miller Brothers. This same $830,000 in differences is the amount (not including the other, potential,$249,999) that US TAXPAYERS and blue-collar workers of Sioux City would be losing. Keep the contract in place. If the city sells, my generation will be embezzelled. "

A deals, a deal wrote on Nov 28, 2007 5:27 PM:

" You agreed to lease. A lease is what you got...A deals, a deal. "

DDW wrote on Nov 28, 2007 5:22 PM:

" The river front has belonged to all of the people of Sioux City for many years and should be that into future. Allowing Private development will at some point restrict publics access. Remember what a good deal our city Leaders got us in the stock yards. Or Remember what a good deal State Steel got, or remember 4th street. "

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