03-17-2004 CC MIN - JOINTJOINT MEETING OF THE ELK RIVER HOUSING & REDEVELOPMENT
AUTHORITY AND CITY COUNCIL
HELD AT LIONS PARK CENTER
WEDNESDAY, MARCH 17, 2004
Members Present:
Members Absent:
Ci~ Council Present:
City,- Council Absent:
Staff Present:
Also Present:
Chair Wilson, Conmxissioners Lieser, Nfom~ and Toth
Commissioner Thompson
blayor l,~linzing, Councilmembers Kuester, Modn and Tveite
Councilmember Dietz
Director Catherine Mehelich, Assistant Director Heidi Steinmetz, City,
Administrator Pat Klaers, Finance Director LonJohnson, Director of
Planning b[ichele McPherson, City, Attorney Peter Beck, City Engineer
Terry.' Maurer, Police Captain Brad Rolfe
iv[aU' ippel, Attorney and Jim Prosser, Ehlers & Associates
'2.
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Ciw Council was called to order
at 6:38 p.m. by Mayor I~dinzing. The Elk River Housing and Redevelopment Authority was
called to order by Chair Wilson at 6:39 p.m.
Project Background
Catherine Mehelich, Director of Economic Development provided an overview of the
Do~vntown Revitalization project. Ms. Mehelich revie~ved the project goals and the project
Umeline, stating that studies of the doxvnto~vn area have been ongoing since 1970 and that
the current phase of the revitalS, zadon project began in Mav 2001 with a joint meeting of the
HtL5, Planning Commission and the Downtown Rivers Edge Business Association.
Ms. Mehelich stated that MetroPlains, the current developer, ~vas selected in May of 2002.
Ms. Mehelich reviewed the project components including the development concepts for the
Bluff Block and Jackson Blocks. Ms. Mehelich reviewed the financing components of the
project. She also reviewed the communication methods that staff and the H2~5 have utilized
to inform the public of the project and keep them informed of the various project
developments.
Jim Prosser of Ehlers & Associates outlined the current status of the project and the various
issues for discussion. NLr. Prosser stated that the City has elected to utilize a process that
includes a lot of public participation and this evening's meeting is one more step in that
process. Tlzis meeting provides the Council and the HtLk an opportunity., to receive
int'ormadon and no decision is being requested this evening.
Housing & Redevelopment Authonu,
March 17, 2004
3. Jackson Block
Page 2
a. Historic Significance
Director of Econormc Development Mehelich provided an overview of the process
used to review the historic significance of the Municipal Utilities building as well as
Jackson Square. In 2002, the Heritage Preserw'ation Commission recommended that
both d2e Municipal Utilities and the 641 Main Street building be restored and that
Jackson Square should be retained as open space. At that dine, the HtL~_ accepted the
recommendation of the Heritage Preservat/on Comrmssion but directed staff to proceed
with the areas outlined in the Preliminary, Development Agreement.
There ~vere no issues raised by the HtL5 and Council regarding the historic significance
update.
b. Title
Ciu, Attorney Peter Beck reviewed the issues surrounding the dtle to the development
parcel of Jackson Square. ]Mr. Beck stated that the areas described in the deeds received
by the City can receive dtle insurance, however, there is a small portion of the site that
may have underlying interests by three addidonaI pardes. In order to obtain clear dde,
the City could pursue obtaining deeds from the three additional parties or proceed with
a registration process to obtain clear dde. Councilmember Tveite asked if staff had
contacted the oxvners to determine ho~v receptive thev would be to providing clear tide
to the parcels. Mr. Beck stated that the map had onlv been received today and that
property o~vner contact had not been made.
Commissioner Larry Toth requested a clarification of the process. He requested
information on who the owners ~vere. Mr. Beck revie~ved the otvnership issues and
reiterated that staff had not had an opportunity to contact the owners at this trine.
c. Purchase Price
Mr. Prosser stated that one issue currendy being discussed through the negotiations of
the Development Agreement is when dtle ~vould be transferred to the developer. He
requested that Ma~ Ippel of Briggs & Morgan provide a clear discussion of the
purchase price and the t/de issue. Ms. Ippel stated that the transfer of dde typically ~vill
not occur until the financing is ready to close. She stated that timing of the transfer will
be a key component of the Development Agreement. She stated that a purchase price
had not been identified at this urne and that the purchase price will likely be spread over
both components of the project.
d. Parking Replacement
Director of Planning McPherson reviewed the past research regarding the amount of
parking in the do~vntown area. Ms. McPherson reviewed the proposal to dose King
Avenue, remove the Municipal Utilities building, and to provide additional parking. She
introduced Capt:un Brad Rolfe to discuss the parking monitoring project that had
occurred recenflv in the downtown area. bit. Rolfe stated the Police Department has
been educating downto~vn employees and business o~vners regarding the four-hour
parking regulations for the public parking behind Kemper Drug. The Police
Department determined that txvo vehicles ~vere disabled; six belonged to commuters and
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March 17, 2004
the remaining were multiple violations bv downto~vn employees. Captain Rolfe stated
that violators were given warnings, not tickets.
Mr. Prosser stated that during the individual stakeholder meetings for do~vntown tenants
and business o~vners, staff received feedback regarding tine parking proposal and felt that
there is a strong sense of investment by doxvnto~vn owners and tenants. He stated that
successful downto~vns never have enough parking but that the City; needs to enter into a
partnership ~vith downto~vn o~vners and tenants in order to successfully enforce the
parking rules.
e. Construction Staging Areas
Director of Economic Development Mehe[ich reviewed the illustration sho~ving the
construction staging areas. They include utilizing the commuter parking areas north of
Highway 10 and north of the railroad tracks.
Commission Toth inquired as to the par-king requirements for fine First National
Financial Center, as they had offered one of their parking lots as an opportunity, for
temporary, parking during the construction phase. Ms. McPherson reviewed the par'king
requirements for the First National Financial Center.
4. Regulatory Approvals
Mr. Prosser introduced the subject of regulato~ approvals indicating that several approvals
would be required after an executed Development Agreement and prior to construction
commencing. He noted that no assurances have been given to the developer in regards to
receiving the approvals from the City.
Director of Planning McPherson reviewed the regulatoO' approvals that will be required
from a land use perspective. They include, but are not limited to, Wild and Scenic
requirements, setback variance, and an evaluation of the Downto~vn District Standards and
potentially some type of plat.
Ma0' Ippel revie~ved the tax increment financing process, stadng that it has not been
determined if the projects will be located in one district or two. Staff is looking at either a
housing or a redevelopment district. Ms. Ippel reviewed the public hearing notification and
process fimelines reladng to tax increment financing.
5. Development Agreement Issues
a. Connecting Bluff Block andJackson Block Projects
Mary, Ippei reviewed the meeting which occurred betxveen Cit7 staff and MetroPiains on
March 10, 2004. The purpose of the meeting xvas to review the components of the final
Development Agreement, including financing, timing of construction, and connecting
the Bluff and Jackson Block projects. This is an outstanding issue; the developer ~vould
like to have the projects move independent of each of other and staff is attempting to
determine what the CiU, is or is not willing to do. Input from the H2R~5 and Council
would be appropriate regarding this issue.
Mr. Prosser stated that this issue should be resoNed within the next two to three weeks.
The consensus of the Council and HtL5 xvas that the t~vo projects should be connected.
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b. Level of Assistance and Type
Nfs. Ippel stated that the level and type of assistance has not yet been determined. There
are opdons for the HP~A_ and Council to consider. The Ciw's fzrst choice is ~pically
"pay-as-you-go" in which the developer "upfronts" the money and is reimbursed
through the proper~ taxes by the Ci~. A second alternative would be "upfront bonds"
issued on the full faith and credit of the City which then assumes an income stream
from the project. In addition, there are addiuonal income streams to be consider
besides those generated bv the project.
biz. Prosser stated that the request for upfront money is not unusual, considering that
oxvner-occupied housing is included in the proposal. Typically, they create financing
issues through the private sector.
c. Concept Plan
This issue was briefly touched on in Director of Economic Development Mehelich's
overview of the project. Mr. Prosser stated that the concept plan will be tied to the
development agreement and needs to be specific enough to get what the City wants
without granting the regulatoU' approvals.
Mr. IClaers stated that funding for the parking lot construction including King Avenue
and the Municipal Utilities area will come from the revenue generated by the tax
increment district.
5. Comments from the Audience
Keith Holme, co-owner of Kemper Drug, stated that he was pleased with the parking
enforcement attempts by the City. He noted daat the Bank of Elk River employees park in
the Jackson Square parking lot and felt that there ~vas not enough par ~king for the bank. He
stated he was concerned where those currently parking in the staging areas would then park.
NIZ. HoLme stated that he ~vould like the City to continue to do occasional parking
enforcement.
Gary, Sant~vire, River's Crossing, stated that he had been hLred bv an Elk Pdver corporation
to attempt to understand the scope and components of the project. He stated that there are
too many assumptions to evaluate the project at this time, but encouraged simultaneous
construction of the Jackson and Bluff Blocks. He inquired if any part of Jackson Square had
been vacated. Ci~ Attorney Peter Beck stated no.
2viz. Prosser stated that the City is not conducting a ~pical redevelopment process and that
the public is sharing the difficulties of the project during an open process and being able to
participate as the process moves forxvard.
Mayor I<]inzing stated that it is frustrating when there is not enough time to thoroughly
review the information. This has been a two-year process to date and it cannot be
understood in t~vo xveeks or two months.
Wendy Simonson, co-oxvner of Kemper Drug and President of Rivers Edge Downtovcn
Business Association, stated that Rivers Edge lSked the initial proposal from MetroPl:dns
which included the Bnck Block and the Bluff Block, however, now that the proposal has
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Housing 8< Redevelopment Authority
March 17, 2004
changed to include Jackson Square, they did not feel it was appropriate.
felt that 1.25 parking spaces for the apartments was too iow.
Page 5
She stated d~at she
Cliff Lundberg, 400 Jackson Avenue, stated that there is a perception by downtown
tenants, business o~vners and propertF' owners that a decision has already been made on the
project. He stated that there is support of the Bluff Block project, but that the communi~, is
objecting to the Jackson Square project, as it ~vill be a loss of public open space. Mr.
Lundberg stated that the parking ~vould not be adequate for stand-alone projects elsewhere
and that the project should be held to the same standard in the do~vnto~vn. He felt that
there is no parking space for the new commercial customers that ~vill be generated by the
ne~v proposal.
Keith Holrne stated that he would like assurances from the contractors that they \vould
remain out of the customer par-king areas. Mr. Prosser stated that this could be included as
part o£ the Development Agreement.
6. Adjournment
The joint meedng of the Elk River Housing and Redevelopment Authority and Ci~' Council
was adjourned at 8:45 p.m.
Respectfully submitted,
Mschele McPherson
Director of Planning
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