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03-12-2001 EDA MINMEETING OF THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 12, 2001 Members Present: President Gongoll, Commissioners Koenig, Dwyer, Klinzing, Kuester, Tveite and Motin Staff Present: Director of Economic Development Catherine Mehelich, City Administrator Pat Klaers, City Attorney Peter Beck, and Recording Secretary Tina Allard Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Economic Development Authority was called to order at 6:00 p.m. by President Gongoll. 2. Consider3/12/01 Aaenda COMMISSIONER KLINZING MOVED TO APPROVE THE MARCH 12, 2001 AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consent Aaenda COMMISSIONER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. FEBRUARY 12, 2001 REGULAR MEETING MINUTES -APPROVED 3.2. CHECK REGISTER -APPROVED 3.3 REVENUE/EXPENDITURE REPORT-APPROVED 3.4. BALANCE SHEET -APPROVED COMMISSIONER KLINZING SECONDED THE MOTION. THE MOTION CARRIED 6-0 Commissioner Kuester arrived at 6:05 p.m. 4. Open Mike No one appeared for open mike. 5. Consider TIF 19 Contract for Private Redevelopment -Event of Default Director of Economic Development Catherine Mehelich stated that the EDA entered into a Contract for Private Redevelopment with Associated Investors of Elk River, Fisher Sand & Aggregate, LLP, and Elk River Business Park, LLC (Redeveloper) on July 30, 1999. Ms. Mehelich noted that the Redeveloper did not meet the requirements to have a Certificate of Occupancy for the initial improvements by December 31, 2000. Ms. Mehelich stated that formal written notice of the Event of Default was sent to the Redeveloper. She stated that since the formal notice the Redeveloper has been issued a Certificate of Occupancy for the 50,000 square foot building in the East Business Park and this satisfies the Economic Development Authority Minutes March 12, 2001 Page 2 general goals of the agreement, which includes the construction of 140,000 square feet of retail/commercial space and 50,000 square feet of industrial space. Commissioner Tveite inquired whether this would release any other obligations to the Redeveloper. Ms. Mehelich stated that it would not. COMMISSIONER TVEITE MOVED TO WAIVE IMPOSING A REMEDY FOR THE TECHNICAL DEFAULT OF FAILING TO HAVE A CERTIFICATE OF OCCUPANCY FOR ALL INITIAL IMPROVEMENTS BY DECEMBER 31, 2000, AND THAT A LETTER BE SENT TO THE REDEVELOPER NOTIFYING THEM THAT THE EDA INSISTS ON STRICT COMPLIANCE OF THE CONTRACT TERMS, INCLUDING A SCHEDULED COMPLETION OF THE BUSINESS PARK, AND THAT THIS WAIVER SHALL NOT BE CONSTRUED TO SET A PRECEDENT OR PRECLUDE THE EDA FROM ASSERTING ANY AVAILABLE REMEDY UPON ANY FUTURE DEFAULT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Strategic Economic Development Plan -Update Director of Economic Development Catherine Mehelich gave a brief overview of the Economic Development Strategic Plan. Ms. Mehelich stated that the City, EDA, and the HRA accomplished many of the Development Plan activities within the past year such as attracting an industrial base, business retention and growth, creating a marketing strategy, and developing the Central Business District. Strateaic Industrial Marketing Plan -Update Catherine Mehelich gave a brief update on the Marketing Plan. Ms. Mehelich discussed the West Business Park, Marketing Materials/Website, Key Accounts, and Customer Service & Siting/Expansion Process. City Administrator Pat Klaers stated that regarding the customer service and siting/expansion project; Anita Dukor, Dukor and Associates, went far beyond the contract in order to ensure that the city received a quality product. Mr. Klaers stated that Ms. Dukor did not approach him requesting additional payments but he felt that the city should pay a fair amount for her services. Mr. Klaers stated that $2,500 could be used from the EDA reserve and $2,500 could come out of the contingency fund. Commissioner Tveite questioned whether there was any time where the city paid a consultant a fee that was lower than the agreed contract. Mr. Klaers stated that he couldn't recall a time. Commissioner Motin inquired to what extent Ms. Dukor would have future involvement with the city. Ms. Mehelich stated that the EDA would probably do some work with Dukor for the Strategic Marketing Plan update in 2003. Commissioner Klinzing stated that Dukor and Associates has done a wonderful job for the City, but feels that the city should stick with the original contract. She stated that if Ms. Dukor wanted to come forward and ask for more compensation she could certainly do so. The EDA concurred with Commissioner Klinzing. Economic Development Authority Minutes Page 3 March 12, 2001 ------------------------------------------------------------ 8. Other Business Catherine Mehelich stated that City Council and EDA members are invited to a groundbreaking ceremony at the Holt and Jackson site. Adjournment There being no other business, COMMISSIONER MOTIN MOVED TO ADJOURN THE MEETING. COMMISSIONER DWYER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Economic Development Authority adjourned at 6:35 m.^ 1 :~ ~~ Tina Allard Recording Secretary