12-06-2004 HR MIN MEETING OF THE ELK RIVER
HOUSING AND REDEVELOPMENT AUTHORITY
• HELD AT THE ELK RIVER CITY HALL
MONDAY, DECEMBER 6, 2004
Members Present: Chair Wilson,Commissioners Thompson,Toth,Lieser,and Motin
Staff Present: City Administrator Pat Klaers,Finance and Administrative Services
Director Lori Johnson,Director of Economic Development Catherine
Mehelich,Assistant Director of Economic Development Heidi Steinmetz,
Director of Planning Michele McPherson,and Recording Secretary Jessica
Miller
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River Housing and
Redevelopment Authority was called to order at 5:00 p.m.by Chair Wilson.
2. Consider December 6,2004 HRA Agenda
Consider joint HRA,EDA,and HPC meeting for January or February 2005 was added to the
agenda.
MOVED BY COMMISSIONER MOTIN AND SECONDED BY
COMMISSIONER TOTH TO APPROVE THE DECEMBER 6,2004,HRA
AGENDA AS AMENDED.MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COMMISSIONER TOTH AND SECONDED BY COMMISSIONER
THOMPSON TO APPROVE THE CONSENT AGENDA AS FOLLOWS:
3.1. CONSIDER NOVEMBER 1,2004
3.2. CHECK REGISTER
3.3. OCTOBER 2004 REVENUE/EXPENDITURE REPORT
3.4. OCTOBER 2004 BALANCE SHEET
3.5. NOVEMBER 2004 REVENUE/EXPENDITURE REPORT
3.6. NOVEMBER 2004 BALANCE SHEET
MOTION CARRIED 5-0.
4. Open Mike
There was no one present for Open Mike.
5. Downtown Revitalization Project Update
5.1. Consider Recommendation to City Council on Development Agreement
Director of Economic Development Catherine Mehelich provided background on the
• history of the Downtown Revitalization Project.
Housing&Redevelopment Authority Page 2
December 6,2004
Ms.Mehelich indicated that MetroPlains has accepted the development agreement that was
• drafted based on the key points identified by city staff,the HRA,and the City Council.Ms.
Mehelich introduced Mary Ippel of Briggs and Morgan,the attorney who drafted the
development agreement for the city.Ms.Ippel summarized the final agreement as follows as
it relates to the key points identified.
Linkage between the Jackson project and the Bluff project
Ms. Ippel stated that the HRA and City Council have directed staff and the developer that
the completion of both the Jackson and Bluff projects together are desired elements of the
Downtown Revitalization Project.She also stated that the project meets the city's goals and
objectives and that the development agreement provides for the City Council to formally
approve the construction plans and parking plans prior to any construction.Ms.Ippel
indicated that the development agreement includes several activities that must be completed
by MetroPlains prior to any construction on the Jackson Block property,including
MetroPlains'payment of the King Avenue parking lot improvement.
Amount of Tax Increment Financing Assistance
Ms.Ippel stated that the development agreement defines "Pledged Tax Increment"that the
developer would receive up to 89% of the actual tax increment through a pay-as-you-go note
for the purpose of reimbursing MetroPlains for TIF eligible costs.Ms. Ippel also stated that
MetroPlains will receive 6%of the annual tax increment for the purpose of reimbursing the
cost of the King Avenue parking lot and the city will receive the remaining 5%for
reimbursement of administrative costs of the project.She noted that there is a"look back"
procedure outlined in the agreement in order to ensure that the developer does not receive
any more assistance (via TIF,SAC/WAC,and Jackson Land)than is necessary to make the
project financially feasible.Ms.Ippel stated that in addition to the TIF,it is estimated that
the city will be providing Jackson Land,SAC,and WAC as additional forms of assistance.
SAC/WAC/Park Dedreation/BuildingPermit Fees
Ms.Ippel indicated that the city is approving a reduction of the entire SAC and WAC fees in
the development agreement.In return,the city will capture 100% of any annual inflation
over the 25-year TIF district period and at 4%interest rate to reimburse itself for the SAC,
WAC,and Jackson Land. She noted that the park dedication fee paid by the developer will
be dedicated to park improvements in the downtown area.
Cost of the Jackson Block
Ms. Ippel stated that the development agreement identifies $500,000 as the estimated value
of the Jackson Block property.She indicated that the property will be sold to MetroPlains
for$1.00.She stated that the inflation that the city may capture over the life of the TIF
district will reimburse the city for the Jackson land.
Issuance of City Tax Increment Bonds
Ms. Ippel stated that the development agreement outlines a number of conditions that
would need to be met in order for the developer to request the city to issue tax increment
bonds to refund the tax revenue note.
Purchase of Bluff Block Properties
Ms. Ippel explained that the sale of the Jackson Block property is conditioned,among other
things,upon the developer having fee title to all of the Bluff Block property.The
development agreement outlines the conditions and process that the city would undertake at
• its own discretion and under limited circumstances for the acquisition of the Bluff Block
property through the use of its powers of eminent domain.She noted that staff does not
currently anticipate that this will be necessary.
Housing&Redevelopment Authority Page 3
December 6,2004
• Type of Bluff Block Pmject
Ms. Ippel stated that there is no discussion of this in the final development agreement due to
the fact that MetroPlains has decided the Bluff Block condos and commercial units will be
for-sale only.
Ms.Mehelich indicated that staff recommends that the HRA recommend approval of the
resolution authorizing execution of a development agreement to the City Council. She noted
that the development agreement identifies the subsidy for each component of the project
and the exemptions from the Business Subsidy Act,with the exception of the Jackson Block
Commercial Subsidy.Ms.Mehelich stated that staff is also recommending that the HRA
recommend approval to the City Council of the three resolutions approving the terms of
internal loans in connection with Downtown Phase I Tax Increment Financing District No.
22 for SAC,WAC,and Land.
Commissioner Motin indicated that he is concerned that sections of the development
agreement do not specifically state that the parking lot must be usable prior to construction
commencement of the Jackson block. Ms.Ippel stated that language could be added to the
development agreement stating that parking lot construction must be substantially complete
prior to conveyance of the Jackson property.It was the consensus of the HRA that this
language be added under sections 3.6.b.and 4.3.
Commissioner Toth questioned if the development agreement addresses the issue of
MetroPlains selling the project. Ms. Ippel indicated that the development agreement states
that MetroPlains cannot transfer or sell the project without the city's written consent prior to
construction completion.Ms. Ippel stated that language could be added prohibiting
MetroPlains from selling the entire project until the units in the project are sold.Ms.Ippel
noted that the city has no obligation to construct or complete the project.Sid Inman of
Ehlers and Associates stated that MetroPlains has identified that they plan to sell the
commercial areas once the construction is complete so the selling of the property should not
be prohibited in the agreement.
Keith Holmes, owner of Kemper Drug building-stated that he is still concerned about
how the businesses in downtown will be affected by the parking during the construction.He
stated that he would like to see something added to the agreement addressing parking during
construction.
Vern Hanson,MetroPlains -indicated that MetroPlains has submitted a parking plan to
the city that was moved to a future City Council agenda due to the length of the agenda.He
stated that parking during and after construction is a high priority for MetroPlains.
Commissioner Toth questioned if there is a plan for parking enforcement.
Assistant Director of Economic Development Heidi Steinmetz stated staff is in the process
of forming a King Avenue Parking Lot Task Force that will gather design and enforcement
input regarding the King Avenue lot from property/business owner representatives from
each downtown block.The task force meetings will be held monthly beginning in January
2005.
Chair Wilson questioned if something could be added to the agreement regarding
• construction traffic.Ms.Ippel indicated that a provision addressing parking staging could be
added.Commissioner Motin stated that it already states in the agreement that plans must be
submitted for City Council approval.
Housing&Redevelopment Authority Page 4
December 6,2004
Commissioner Toth indicated that parking enforcement should be added to the agreement.
Commissioner Motin stated rather than having it be added to the development agreement,
that the parking could be part of the construction plans that are submitted to the Council.
Ms. Ippel added that it does state in the agreement that if plans are not properly submitted,
the developer does not receive TIF. It was the consensus of the HRA that language
addressing the parking enforcement does not need to be added to the development
agreement.
Commissioner Lieser questioned if the HRA could have a copy of any parking plans that are
approved by the City Council.Ms.Mehelich stated that a copy of the plans would be
provided to the HRA.
Cliff Lundberg,400 Jackson Avenue—stated that he has a problem with the city using
their power of condemnation to take property from one private owner and give it to another
private owner. Chair Wilson stated that the city will only use its power of condemnation as a
last resort.
MOVED BY COMMISSIONER MOTIN AND SECONDED BY
COMMISSIONER THOMPSON TO RECOMMEND TO THE CITY COUNCIL
APPROVAL OF THE FOLLOWING FOUR RESOLUTIONS:
• RESOLUTION APPROVING DEVELOPMENT AGREEMENT AND
BUSINESS SUBSIDY(WITH THE ADDITIONAL PARKING
LANGUAGE ADDED TO SECTIONS 3.6.AND 4.3.OF THE
1111 AGREEMENT);
• RESOLUTION APPROVING INTERFUND LOAN ON SEWER ACCESS
CHARGE (SAC);
• RESOLUTION APPROVING INTERFUND LOAN ON WATER ACCESS
CHARGE (WAC);AND
• RESOLUTION APPROVING INTERFUND LOAN ON JACKSON LAND
MOTION CARRIED 5-0.
5.2. Project Communications Update
Assistant Director of Economic Development Heidi Steinmetz stated that beginning in
February 2002,communications for the Downtown Revitalization Project have included the
following tools and distribution methods: city website,Q&A newsletter,City of Elk River
newsletter The Current,Rivers Edge Downtown Business Association,Star News,direct mail,
downtown property/business owner meetings,King Avenue Parking Lot Task Force,and
open houses.
Ms. Steinmetz stated that the King Avenue Parking Lot Task Force is something new to
help improve project communications and more information will be provided at the January
HRA meeting.Ms.Steinmetz indicated that the plan is to have two or three representatives
from each of the downtown blocks meet once a month prior to and during the King Avenue
parking lot construction.
Housing&Redevelopment Authority Page 5
December 6,2004
Ms. Steinmetz stated that since June 2003, staff has been mailing approximately 200 HRA
• meeting notices out individually to downtown property owners,tenants,and citizens. Ms.
Steinmetz asked the HRA for direction on whether or not these mailings should continue in
2005.She noted that meeting information is provided on the city website,at the monthly
Rivers Edge meetings,and that the HRA meetings are rebroadcast three times a month on
the city's cable channel.
Commissioner Main stated that it may be better to only send out the notices when the
downtown issue is coming back before the HRA.Chair Wilson questioned if other
commissions are sending out direct mail notices.Ms. Steinmetz stated that they are not.
It was the consensus of the Commission to discontinue the monthly direct mailing of HRA
meeting notices.Ms.Steinmetz noted that the other forms of project communications will
continue.
6. Refined Concept Option for Downtown North of Highway 10
Assistant Director of Economic Development Heidi Steinmetz presented the revised
concept option for Downtown North of Highway 10 based on the HRA's November
discussion.Ms.Steinmetz stated that at the November meeting,the HRA questioned what
the condition of the utilities on Jackson Avenue were. She stated that Elk River Municipal
Utilities General Manager Bryan Adams addressed the condition of the utilities and
suggested enhancements in his letter to Ms. Steinmetz dated November 18,2004.
Ms. Steinmetz reviewed the options available for moving forward on this project and asked
for HRA direction.
Commissioner Toth indicated that he would like clarification on the condition of the utilities
located in the alley behind Jackson Avenue.
Commissioner Main questioned whether the single-family rehabilitation would be straining
the parking in the area with the west side of Irving being mixed use.Commissioner Main
questioned if staff has looked at parking requirements.Ms. Steinmetz stated that staff had
not.
Commissioner Main stated that he is not interested in seeing Requests for Proposals (RFPs)
at this time.Chair Wilson concurred.Chair Wilson noted that he would like to see this
project keep moving forward.He questioned if Irving Avenue is scheduled for street
improvements.Commissioner Main stated that Irving is not currently on the improvement
schedule for the short-term but that it could get moved forward.
Commissioner Toth questioned if staff could check the status of the former Arrow Building
Center building that is for sale to see what sort of inquiries they have received.
It was the consensus of the I-RA for staff to check into and report back next month on the
following: the marketing of the former Arrow Building Center building,parking
requirements for the downtown area north of Highway 10,and clarification of the condition
of the utilities in the alley between Jackson and Irving.
Cliff Lundberg,400 Jackson Avenue-indicated that he read in the paper that Jackson was
going to be restriped to a center lane,turn lane configuration.Mr.Lundberg questioned how
• that would affect the parking on the east side of Jackson.He stated that he does not believe
a center lane would effectively move traffic.Commissioner Main stated that general
discussion on that matter has taken place but nothing has been decided.
Housing&Redevelopment Authority Page 6
December 6,2004
• 7. Update on City Council Feedback Regarding Greater MN Housing Fund Growth Corridor
Initiative
Assistant Director of Economic Development Heidi Steinmetz stated that at the November
HRA meeting,the HRA discussed whether or not to submit a pre-application for the
Greater MN Housing Fund Growth Corridor Initiative pilot program.She stated that it was
the consensus of the HRA that the City Council consider this issue.Ms. Steinmetz indicated
that the City Council considered this issue at their November 8,2004 meeting and it was the
consensus of the Council that a pre-application not be submitted since staff is capable of
performing the technical activities that the program assistance would entail.
Councilmember Motin noted that applying for the program would have required the city to
be more proactive in affordable housing issues and the Council did not believe that the work
involved in that would have been worth the assistance that the grant would have provided.
8. Consider Joint HRA,EDA,and HPC Meeting for January or February 2005
Assistant Director of Economic Development Heidi Steinmetz indicated that the Heritage
Preservation Commission(HPC)would like to have a joint meeting with the EDA and HRA
on either Monday,January 10,2005 or Monday,February 14,2005 at 5:30 p.m.to discuss
the creation of historic districts and financial incentives.
It was the consensus of the HRA that they would prefer the meeting be held Monday,
January 10,2005. Staff will forward this information to the HPC and the HRA will be
• notified of the meeting date once set.
Chair Wilson stated that Commissioner Thompson has chosen to not renew his term on the
HRA due to time commitments.On behalf of the HRA,Chair Wilson thanked
Commissioner Thompson for his years of service.
Commissioner Thompson stated that it has been his honor serving the city for the last eight
years,the last four of which he spent on the HRA.He indicated that the HRA should be
proud of what they have accomplished.
9. Adjournment.
There being no further business, MOVED BY COMMISSIONER TOTH AND
SECONDED BY COMMISSIONER LIESER TO ADJOURN THE MEETING.
MOTION CARRIED 5-0.
The meeting of the Elk River Housing and Redevelopment Authority adjourned at 6:15 p.m.
essica Miller
Recording Secretary