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North side of 48th & O awaits resolution

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BY DEENA WINTER / Lincoln Journal Star

Wednesday, Jun 20, 2007 - 02:57:24 pm CDT

Seven months after the city chose a developer to revitalize the northeast corner of the busy 48th and O intersection, dirt has yet to be turned — because the city and the developer haven’t reached a deal.

It’s an odd situation in which the developer, Realty Trust Group, would buy back a parcel of land it sold the city in 2004 in connection with the O Street widening.

That sale, along with another next door, raised eyebrows because some people — including City Councilman Jon Camp — thought the city paid too much for the property.

O Street has been widened and the south side of the street has been redeveloped with the city’s help, but the north side remains an eyesore.

Negotiations between the city and Realty Trust got hung up over the price the city wanted to charge for two parcels of land at the corner of 48th and O.

The city paid Realty Trust Group $923,000 for the northeast corner property, home to an abandoned Amoco station. At the time, the county assessed the property’s value at $456,000.

In 2005, the city paid $1.85 million for the old Blockbuster Music property at 4850 O St. At the time, it was assessed by the county at $900,000. The city bought that parcel from SHM Investments, whose registered agent is Lincoln attorney Robert Nefsky.

Camp has maintained the city paid too much for the parcels — as well as the whole revitalization around 48th and O, which was a priority for former Mayor Coleen Seng.

“It’s been an extravagant expense there,” Camp said. “We had some well-intentioned individuals who were under the direction of the former mayor and she wanted that area improved.”

At the time, former public works director Allan Abbott explained the city could have bought just a sliver of the corner properties and paid damages for cutting off access to the remaining property, but the damages would have totaled more than the value of the remainder.

Instead, the city bought all of the property, with hopes of recouping its money when it was sold back to the private sector.

“It was an enormous investment and everyone was just fantasizing over this big development there and I think, unfortunately, the good intentions lost touch with reality … of what the marketplace could bear,” Camp said.

North-side revitalization plans include a Hy-Vee to be built to the east at 50th and O. Originally the grocery was supposed to be accompanied by a Pinnacle Bank and retail development in a joint venture between Pinnacle and McCombs Commercial Realty. But negotiations stalled when the city and developer couldn’t get the numbers to work. Only the grocery store remains of the original plan.

Camp said the Hy-Vee-Pinnalce plan was a great project but would have required a bigger city subsidy than what was proposed.

After that deal fell through, the city sent out a second request for proposals from developers interested in buying the parcels and redeveloping the corner where the bank and the retail were to have gone.

Realty Trust was the only developer to respond to the second request for proposals by November 2006.

At the time, the company had just bought property east of the city’s two parcels — where it has a sign advertising a development called “Gateway Gardens.” Realty Trust’s redevelopment proposal to the city envisioned a restaurant, a somewhat big box store and retail space with a fountain centerpiece.

Once Realty Trust was selected to develop the corner, negotiations with the city began to determine who would do what to make the development fly.

But Realty Trust and the city were unable to seal a deal because, said Wynn Hjermstad of the Urban Development Department, Realty Trust questioned the price the city was asking for the corner properties.

“We were trying to recover the cost of what we paid to purchase those two properties,” Hjermstad said. “We wanted to recover those tax dollars.”

In its November 2006 request for proposals, the city stipulated it would sell the property for a minimum of $25 per square foot.

But after Realty Trust questioned the price, Hjermstad said an appraisal was done.

The appraised value was different from what the city had been asking, so Hjermstad said the city issued another request for proposals in mid-April to be fair to all bidders, because it’s possible other developers would have put in proposals if the cost of the property was different.

Hjermstad said she wasn’t at liberty to say whether the appraisal was higher or lower than what the city paid for the property.

The new request for proposals says the city property will be sold to the developer for “fair value.”

City Attorney Dana Roper said the city will not release the appraised value of the property, nor the appraisal, because appraisals can be withheld under the state’s open records law.

The latest request for proposals doesn’t have a deadline.

So far, only Realty Trust has put in a proposal, although Hjermstad said the department expects additional proposals.

“We want to get the best deal that we can for the taxpayers,” she said.

However, Camp said the city should either sell the property for less than it paid or just “sit on it” for a while.

Mike Marsh of Realty Trust Group could not be reached for comment.

Reach Deena Winter at 473-2642 or dwinter@journalstar.com.


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scout swimmer wrote on June 16, 2007 7:02 am:
" Just charge appraised value for the properties, the rest of the value is nonexistent. Unless there was something illegal about these transactions, this is all spilt milk. It is important to get this area back in developed status. Blight appears to be infectious. "

Lincoln Resident wrote on June 16, 2007 7:21 am:
" "Roper said the city will not release the appraised value of the property, nor the appraisal, because appraisals can be withheld under the state’s open records law." Well Mr. Roper that may be the case, however hiding behind a law does not put much confidence in this City's management. Thanks to the former mayor, the taxpayers own this land so we have a right to know what it is appraised at. What's the big deal? By hiding this from the citizens one can only conclude that the City paid way too much for the property in the first place. "

Me Again wrote on June 16, 2007 9:16 am:
" How does this work? A developer doesn't like the asking price, so the city bends over backwards to accomodate him by lowering the price? The city in no way should sell this property for less than they bought it. Sit on it. If you need to spruce it up a bit, then do that. But don't sell "prime" real estate for less than it's worth. "

eric t wrote on June 16, 2007 10:13 am:
" When this city comes to doing things like developing spots in Lincoln for retail or widening streets, THEY DO A POOR JOB AT IT. I really don't get it why you make 27th 4 lanes south of Yankee Hill but not to the north of Yankee Hill. Then after 1000's of people build houses and move in down there you then pull your head out and close the streets off to widen it again. WHY NOT DO IT ALL AT ONCE IN THE FIRST PLACE? This happens all time. My 3 year old daughter can do a better job a city planning that the people that we have doing it now. And that is no joke. "

Chef wrote on June 16, 2007 10:21 am:
" The City employees work for the taxpayers who support (pay for) their positions. Hence the term "public servants". City Hall needs to adopt much greater transparency in its dealings.Release the Appraised Values and the Appraisal. "

Bud wrote on June 16, 2007 10:49 am:
" I could see why the city wouldn't release the appraised value when and probably they paid double whats its worth with the taxpayers money. If they wouldn't give me the appraised value, I'd sure walk away. Thats the problem, this city does everything underhanded and sneaky. Sure Seng was going to have that and other property like the downtown one with the theatre, come hell or high water, even if she had to mortgage the whole city. Thats been the problem with this city's taxes, its spend like we live in a gold mine, and who cares who we hurt!!! Seng was back of the 2015 Vision, gonna sell the P.O. and move the railroad tracks and build that convention center and the taxpayers can foot that white elephant bill the rest of their lives too. This is one person that is looking to move out of state. Some friends from AZ came and said they sure would like to move back north and like to move to Lincoln, but said no way with Nebraskas taxes. And they aren't the only ones. One thing Lincoln sure knows how to do, and thats make peoples lives miserable!! There is a reason why taxes and property are so high, and its certainly not the hords of people or business coming in, in fact its just the opposite, its the sneaky, greedy, click of friends that drives everyone away. "

g wrote on June 16, 2007 11:13 am:
" Lincoln Resident, you could conclude that the city paid to much but you could also conclude that the city has the desire to sell and don't want to give up their hand to a potential bidder. "

government mismanagement at its worst wrote on June 16, 2007 2:08 pm:
" Thank goodness Alan Abott didn't get elected to the city council when he ran against Jon Camp this year. Thank goodness we have Jon Camp to blow the whistle on shenanigans perpetrated by Collen Seng and her pals. It's a shame we can't get a 'do-over' on this. At one time Starbucks wanted to go on this corner but Abbott and his public works bunch wouldn't accommodate their access needs. Urban Development has a reverse Midas Touch...but what do they care it's not their $. Another opportunity squandered! "

Thanks wrote on June 16, 2007 2:24 pm:
" Ms. Seng for this jewel of a legacy. Can't wait to see what gem Beutler sticks the taxpayers with for the next umpteen years. I guess I don't care; I'm outta here ASAP! "

Camp a hero? wrote on June 16, 2007 8:34 pm:
" More grandstanding from Jon Camp. Now he says that the City should sell the property for less than it paid. However, most rational political followers know that if the City actually did that, Jon Camp and Colby Mach would be having a field day with how the City is giving a sweetheart deal to some developer. How Camp sleeps at nite is a textbook case of rationalization and self deception. The corner at 48th & O is key to the City, I hope Beutler holds out for the best deal. "

dubya tee eff wrote on June 16, 2007 11:22 pm:
" Why didn't the city get an appraisal done on the land before they bought it in the first place? Why didn't Realty Trust simply sell the city the land needed to widen 'O' street? Why was the city interested in buying the whole parcel? Now that the city might be stuck with it, they might as well build the Arena/Convention Center there. "