04-11-2005 EDA MINMEETING OF THE ELK RIVER
ECONOMIC DEVELOPMENT AUTHORITY
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL I I, 2005
Members Present: President Gongoll, Commissioners Dwyer, Farber, Gumphrey, Motin and
Tveite
Members Absent: Commissioner Klinzing
Staff Present: Director of Economic Development Catherine Mehelich, Assistant
Director of Economic Development Heidi Steinmetz, Director of Planning
Michele McPherson, and Recording Secretary Debbie Huebner
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Economic Development
Authority was called to order at 5:30 p.m. by President Gongoll.
2. Consider Agenda
MOVED BY COMMISSIONER MOTIN AND SECONDED BY
COMMISSIONER FARBER TO APPROVE THE APRIL 11, 2005 EDA AGENDA.
MOTION CARRIED 7-0.
3. Consider Consent Agenda
MOVED BY COMMISSIONER TVEITE AND SECONDED BY
COMMISSIONER FARBER TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1. MARCH 14, 2005 MINUTES
3.2. CHECK REGISTER
3.3. BALANCE SHEET
3.4. REVENUE/EXPENDITURE REPORT
MOTION CARRIED 7-0.
4. en Mike
No one appeared for open mike.
5. EDA Brown Pr~erry Development Update
Director of Economic Development Catherine Mehelich reviewed the progress to date
regarding development of the EDA Brown property. She noted that on Apri14, 2005 the
City Council adopted a resolution ordering a preliminary feasibility report for the proposed
protect and antictpates that the report will be presented to the EDA and Council next
month.
Economic Development Authority Minutes
April 11, 2005
Page 2
Ms. Mehelich stated that staff and Ehlers met with the two developers to discuss their
proposals. The developers were encouraged to submit additional information regarding how
thee-proposal would benefit the EDA, development of the park through a master developer
concept, and to further redefine concepts for the use of the park. Staff will continue to meet
with the developers over the next month. A report will be available for the May EDA
meeting.
President Gongoll asked if staff felt a workshop meeting was necessary for this issue. Ms.
Mehelich stated no, not at this time.
Commissioner Dwyer noted that he would be absent for the May EDA meeting.
6. Consider Micro Loan Poli Waiver -Bad er Ventures LLC Gradient Technolo
Ms. Mehelich provided background on Badger Ventures, LLC (Gradient Technology) Micro
Loan. She explained that a section of the Participation and Subordination Agreement is
inconsistent with a requirement in the EDA's recently amended Micro Loan Policy. Staff
requests that the EDA consider waiver of the following policy provision in this case:
"The participation agreement shall include the provision that if the bon-ower
defaults on the loan, the EDA will collect all further payments during the default
based on a pro-rata basis with the participating bank, excluding the distribution of
proceeds resulting from the foreclosure on collateral."
Ms. Mehelich stated that since the participation loan is structured in which tax rebate
payments would be dedicated to the payment of the micro loan, the proposed loan structure
is inconsistent with the policy. In this case that structure appears to provide the EDA
adequate protection that its portion of the loan will have a sufficient source of revenue to
cause it to be repaid.
Tom McNair, Bank of Elk River -Stated he was present to answer any questions the
Commission may have.
President Gongoll asked if this policy waiver was only for this particular case, and whether
or not the policy needs to be revised. Ms. Mehelich stated that the waiver was only being
requested for Badger Ventures due to the relationship of the tax rebate assistance which is
not normally the case on micro loans, and that she did not see a need to revise the policy at
this time.
MOTION BY COMMISSIONER TVEITE AND SECONDED BY
COMMISSIONER FARBER TO APPROVE A WAIVER FROM THE
DESCRIBED PROVISION OF THE MICRO LOAN POLICY FOR THE
BADGER VENTURES, LLC MICRO LOAN. MOTION CARRIED 6-0.
Consider Call of Micro Loan - Dis la Solutions Inc.
Assistant Director of Economic Development Heidi Steinmetz provided background
information on Display Solutions, Inc.'s $50,000 Micro Loan which was approved in 2004.
She reviewed the status and the terms of the loan. Ms. Steinmetz explained that due to
mcreased business, Display Solutions is in need of leasing 20,000 - 30,000 square feet of
space, which is not currently available in Elk River and they will need to find space outside
of the City. Display Solutions would like to maintain the current terms of their loan, which
Economic Development Authority Minutes
April 11, 2005
Page 3
is 3 percent interest, a 10-year amortization, and a balloon payment due in May of 2007. She
noted that both the Micro Loan Policy and Subsidy Agreement state that the loan must be
repaid if the company relocates outside of Elk River.
Ms. Steinmetz provided three options for the EDA to consider regazding the Display
Solutions request.
Commissioner Motin stated he wished to disclose that Display Solutions was a client of his,
but that he has no financial interest in the company. The Commission concurred that this
did not constitute a conflict of interest.
Commissioner Dwyer stated that the fact that there is no space available in Elk River for
Display Solutions to expand creates a special circumstance.
Bob Michalek, Display Solutions -Explained that the company has been awarded several
large contracts that force him to look for a larger space, and that he was not able to find
space in Elk River. He stated that a 2 -3 year lease is required for most of the properties he
has checked. Mr. Michalek indicated that his goal is to come back to Elk River, as a number
of his employees live here. President Gongoll stated that would be the EDA's goal, also.
Commissioner Dwyer stated that the interest rate to a market rate of prime plus one.
Commissioner Tveite stated that he felt if Display Solutions returns to Elk River when space
becomes available, the EDA would be open to lowering the rate.
MOTION BY COMMISSIONER TVEITE AND SECONDED BY
COMMISSIONER GUMPHREY TO MODIFY THE TERMS OF THE MICRO
LOAN FOR DISPLAY SOLUTIONS TO REQUIRE AN INTEREST RATE ON
THE LOAN OF PRIME PLUS ONE. THE MOTION CARRIED 6-0.
g. Consider Earl Release of Sublease for Business Incubator Tenant - La Two Technolo
Corporation
Ms. Steinmetz provided background information regarding LapTwo Technology
Corporation's Business Incubator lease and product development. She explained that
LapTwo has "graduated" from the Incubator and recently moved its operations to market
rate rental space in Elk River. Staff requests that LapTwo be released of is current Incubator
sublease with two conditions: 1) that LapTwo must be curent on cash rent payments
through April 11, 2005; and 2) that the company submit legally acceptable stock offering
certificates as noted in the staff report to the Commission dated April 11, 2005.
Rob Henrungsgard, LapTwo Technology Corporation -Reviewed products developed
by LapTwo including AdDireceor, HII'PA-Filter, and WarmSpot. He explained how
Topnotch Computer Services evolved and its success. He noted that LapTwo moved to the
commercial space on March 21, 2005.
Conunissioner Dwyer stated that he did not see a problem with Mr. Henningsgazd's request
to be released from the Incubator Sublease, since the intent of the program is for businesses
to eventually move into market rate space within the City.
President Gongoll asked if LapTwo was current on their rent. Ms. Steinmetz stated yes, that
LapTwo is paid through the end of April. Mr. Henningsgazd stated that he is working on
Economic Development Authority Minutes
April 11, 2005 Page 4
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the stock certificates and that generating the stock certificates requires legal counsel and is
currently being worked on.
MOTION BY COMMISSIONER FARBER AND SECONDED BY
COMMISSIONER GUMPHREY TO RELEASE LAPTWO FROM ITS CURRENT
SUBLEASE WITH FOLLOWING CONDITION:
LAPTWO MUST SUBMIT LEGALLY ACCEPTABLE STOCK OFFERING
CERTIFICATES COVERING THE PERIOD OF SEPTEMBER 22, 2003
THROUGH APRIL 11, 2005. THE CERTIFICATES WILL SATISFY THE STOCK
OFFERING PORTION OF RENT FOR THE DURATION OF LAPTWO'S TIME
AS AN INCUBATOR TENANT.
THE MOTION CARRIED 6-0.
Consider Rezonin Pro e on Meadowvale Road from Li t Industrial to Residential
Director of Planning Michele McPherson reviewed a proposal by Richard Straus of M.S.
LLC. to rezone the properties a 1870 Meadowvale Road and 12669 Meadowvale Road to R4
Multiple Family Restdential, for a work force housing project. She reviewed the location,
size, zoning, and existing uses for each of the sites. The property located at 12669 is
currently zoned Light Industrial and the property at 1870 Meadowvale Road is zoned Multi-
FamilyResidential. Ms. McPherson stated that rezoning the property to R4 would allow a
density of up to 8 units per acre. Since the request would impact the City's Light Industrial
mventory, the EDA is asked to provide direction to staff.
Richard Strauss, Residential Director of M.S. LLC -Stated that he is a resident of Elk
River and a home builder. He stated that he was aware of the City's interest in creating
affordable housing and felt a project on this site would benefit the community.
Commissioner Dwyer stated that the EDA has concerns regarding the limited Business
Park/Light Industrial inventory left in the City. He felt that the residential property would
be better suited for Light Industrial.
Commissioner Farber stated that Meadowvale Road is a substandard road and until it is
upgraded, it would not holdup to additional residential traffic. President Gongoll
concurred.
Commissioner Motin stated that there is a need for Light Industrial-zoned property and felt
this site was a prime piece of Light Industrial. He noted that as member of the HRA, he did
not want to discourage Mr. Strauss from looking for a more suitable site for a workforce
housing project. President Gongoll concurred that workforce housing is needed in Elk
River but that he also would rather see a project located somewhere else.
Mr. Strauss stated that he would look for alternative locations. He asked that he be able to
meet with the EDA again if he had more information to present to them. President Gongoll
stated that depending upon the type of information, Mr. Strauss may need to meet with the
HRA or City Council.
Ms. McPherson stated that the issue will be brought back to the EDA if Mr. Suauss decided
to proceed with a formal application for rezoning.
Economic Development Authority Minutes
April 11, 2005 Page 5
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10. Other Business
NorthStar Corridor Update
President Gongoll noted that Governor Pawlenty signed the bonding bill which included the
Northstar Commuter Rail funding on April 11, 2005.
Visit to SofrPac
Commissioner Motin stated that as a result of their visit to SoftPac, they learned that
SofrPak is experiencing growth in a number of products and distribution. Ms. Mehelich
noted that they have also added new equipment. Ms. Mehelich noted that SofrPac is
numutg 3 shifrs S days a week, and that a representative of SoftPac indicated that one-third
of their employees are from Elk River, one-third from the area to the east of Elk River, and
one-third from other surrounding communities.
The Pines Town Office Park
Commissioner Motin stated that he noticed six of the office condominiums at The Pines
Town Office Park are being auctioned and asked if any of the Comtnissioners were aware of
why they were being auctioned. No other infotmation was available on this issue.
11. Adjournment
There being no other business, President Gongoll closed adjourned the meeting.
The meeting of the Elk River Economic Development Authority adjourned at 6:25 p.m.
Submitted by:
~~~ ~..
Joan Schmidt
City Clerk