8.0. HRSR 10-28-2002 Item # 8
•
City of
Elk --. -�
River
MEMORANDUM
TO: Housing & Redevelopment Authority
FROM: Catherine Mehelich, Director of Economic Development
DATE: October 28, 2002
SUBJECT: Downtown Revitalization Project
Attachments
• Communications Report from Economic Development Assistant, Heidi Hall
• Tax Increment Finance (TIF) Redevelopment District Requirements
• Preliminary Redevelopment Agreement
• • MetroPlains Development-Project Tasks and Schedule
Background
The primary goal of the Downtown Revitalization Project is to assure the long-term viability
of Elk River's downtown by making a connection to the rest of the community and by
utilizing the riverfront location. Revitalization will enhance downtown Elk River's role as a
residential,retail and commercial neighborhood and also revitalize investment in the
downtown business district. The HRA has selected MetroPlains Development for which to
enter into a preliminary redevelopment agreement for further consideration of a project in
the downtown.
Issues
Following is a status report on a few of the issues related to this project:
Communications
The October 2002 Downtown Revitalization Project Q &A Newsletter was distributed as
an insert in the October 9, 2002 edition of the Elk River Star Newspaper. Economic
Development Assistant, Heidi Hall summarizes recent communication efforts in attached
report.
Project Authority Issues
Jim Prosser of Ehlers &Associates will be present at the HRA meeting to discuss the
anticipated roles and responsibilities of the HRA/City Council throughout the project,
• including;the TIF district, condemnation, and redevelopment agreements. It is important
that the HRA and City Council are clear and comfortable with the various project authority
issues.
Downtown Revitalization Project
October 28,2002—HRA Meeting
Page 2 of 2
• Heritage Preservation Commission (H PC) Recommendations
A joint meeting of the City Council and HPC was held October 14, 2002. One of the items
of discussion was the HPC's recommendation on historic significance in the downtown area.
The City Council directed the HPC to hold a joint meeting with the HRA regarding the
recommendation.
Staff recommends that prior to a joint meeting with the HPC, that the HRA first get a better
understanding of what the developer proposes to do and then examine the impact,if any, on
what the HPC is recommending. The HPC's recommendation will be considered prior to a
final decision on the project.
Tax Increment Finance (TIF) Redevelopment District Qualifications
The HRA has previously discussed the consideration of Tax Increment Finance (TIF) to
fund a portion of the redevelopment cost. One of the steps in the process of creating a TIF
redevelopment district is the evaluation of the physical condition of the buildings in the area.
The condition of the buildings will be determined by exterior and interior observation
together with a review of public record such as building permits. The attached TIF
Redevelopment District Requirements summarizes the statutory qualifications.
Staff has distributed request-for-proposals to three engineering firms for the completion of
property inspections as required to qualify an area as a TIF redevelopment district. Upon
staff's review of the proposals, a recommendation to authorize inspections and a map of the
• affected area will be presented to the HRA for consideration at its November 25th meeting.
Preliminary Redevelopment Agreement
As a result of staff's negotiations with MetroPlains Development, the city's TIF attorney,Jim
O'Meara of Briggs &Morgan, has drafted the attached Preliminary Redevelopment
Agreement for the HRA's consideration. The agreement addresses the issues that must be
addressed prior to final development agreement preparation. These items include the
preparation of a refined site plan, financial and market feasibility analysis, and project timing
issues. In addition,MetroPlains is required to deposit funds with the City to cover "out of
pocket" expenses incurred by the City for legal, financial and engineering reviews.
MetroPlains has provided the attached Project Tasks and Schedule for the HRA and public
information. A representative from MetroPlains will be present at the HRA meeting to
briefly present the schedule and answer to any questions.
Requested Action
Staff recommends that the HRA consider approval of the attached Preliminary
Redevelopment Agreement by and between the HRA and MetroPlains Development,LLC.
•
City of
Elk -�-�
River
MEMORANDUM
TO: Housing & Redevelopment Authority
FROM: Heidi Hall, Economic Development Assistant Id(-
DATE: October 28, 2002
SUBJECT: Project Communications Report
Attachment
• Downtown Revitalization Q &A Newsletter, October 2002
Project Newsletter
Staff has worked with Ehlers &Associates and JMS Communications &Research in
• developing the February,April, and October 2002 Downtown Revitalization Q &A
Newsletters. The newsletters are a communication piece that provides the public with
answers to relevant questions posed during the downtown revitalization process.
Each newsletter has been distributed in the Elk River Star News,which has a distribution of
almost 7,900.
All three newsletters are available on the City's web site at www.ci.elk-river.mn.us.
October Newsletter
• Available at City Hall and per request
• Distributed to Rivers Edge Downtown Business Association at its October meeting
• Will be mailed to persons who have requested additional project information
Additional Communications
Staff recently provided and interview with the Elk River Star News regarding a project
update.
•
di Dt00r!li gut&atth
mir 8CA I. 11 ews letter
City Of
Elk
River�� OCTOBER 2002 Enhanang Downtown Elk River's Role
� ° As a Vital Retail C,ommeraal and Residential Area
Q. What is happening with the revitalization and analysis of market feasibility,financial feasibility,as well as communi-
redevelopment of Elk River's downtown? ty input. It is possible that as a result of this review,the exact proper-
A. The Elk River Housing and Redevelopment Authority(HRA)and City ties to be acquired and the project area may change somewhat.An
Council will enter a preliminary development agreement with open house will be held later this year for public input into a prelimi-
MetroPlains Development for the downtown revitalization project.The nary site plan.
HRA selected and the City Council ratified the selection of
MetroPlains from three finalist developers at its August 26 meeting.: 0. Do we know at this point which downtown
City officials said MetroPlains demonstrated the most experience o buildings will be excluded from the development?
similar projects and had received a high level of support at the July A. No,we do not have those specifics yet. However,consistent with the
open house from residents and the busi- recently completed Historic Contexts Study,the itys,,iii,,,,,, ,,,,,:,:,,,,,,,,,
Hess community.
i. project will respect the traditional character of
°SGL downtown.We do know the project will exclude
Q. What happens next? ;,, y p I
A. The HRA and the developer will enter a prey
� ,Q the"brick block"which includes the buildings
� `to �� along the west side of Jackson Avenue south of
liminary development agreement in the com S{ a � Highway 10.
ill
ing months.During the preliminary devel �� ?,
op-
ment agreement phase,the developer works rye Q.What will happen to the existing
with the City to identify issues that must be 'OW n' vita : 1
addressed prior to the final development
g businesses in the downtown
agreement phase.These issues include redevelopment area?
financial and market feasibility,project sched- -" k=.., '', v .- ' �,.... „ . A• What typically happens in other downtown
ule,and a refined site plan. If the City chooses to move forward to a redevelopment efforts is that some businesses
final development agreement,that is when the planning and zoning choose to stay and some choose to relocate.The developer will.
approva►s,land acquisition and construction will occur. work with downtown business owners within the project area to den-
tify their interests and how they could be incorporated in any rede-
Q. What is the timetable for a-downtown project velopment plans.For those businesses that do not stay,arrange
to occur? ments for acquisition and for relocation assistance will be offered.
A. The HRA expects to enter a preliminary development agreement
with MetroPlains in October.The preliminary development agreement Q. When will the developer contact downtown
phase is expected to last for at least six to nine months with a corn- businesses and property owners?
munity open house later this year on preliminary site plan options. If A. MetroPlains will start to make initial contacts with property owners
the developer satisfactorily completes the preliminary development and tenants this fall after a preliminary development agreement has
agreement phase,the City and developer would enter a final devel- been reached with the HRA. Property is not actually acquired until a
opment agreement.The earliest construction could begin would be final development agreement has been reached by the City and
sometime in 2004. the developer.
Q. Does MetroPlains already have a completed Q. If my business or home must relocate in the
plan for the project? future,will I receive any financial assistance?
A. No, but MetroPlains has a concept for redevelopment which A. Businesses and residents who are required to relocate from the
includes the following sites: redevelopment area are provided relocation assistance to help with
. East King Avenue and the northeast corner of moving costs,as provided for under the Uniform Relocation
King&Main, and, Assistance Act. Properties that are purchased for redevelopment
• The southwest corner of Main and County Road 42 must be purchased at fair market value.That value is determined by
(Parrish Avenue Bridge). a professional appraisal. In situations where communities are under-
taking redevelopment,the acquisitions are typically accomplished
The next step will involve refining the MetroPlains concept for through voluntary sales.
CITY OF ELK RIVER DOWNTOWN RIVERFRONT REVITALIZATION Q&A NEWSLETTER OCTOBER 2002
Q. As a business owner,when should I begin site costs have been paid,the tax increment goes to the
to look for a new location? taxing jurisdictions.
A. It is always good to be aware of options.However,at this time it is
still too early to be certain if the redevelopment will be successfully Q. Why is the City pursuing redevelopment
•
completed and when it will be completed. It is also important to note and revitalization of downtown?
that while businesses are free to relocate at any time,if they relocate A. For more than 30 years studies have emphasized the need to better
ahead of the redevelopment process they may lose their chance to utilize the riverfront,capitalize on the traditional character, and
obtain possible relocation assistance. ensure safe pedestrian and vehicle movement. Investment in down-
town has stagnated and the riverfront is underutilized.The redevel-
Q. Does the City have any program to help downtown opment will enhance downtown Elk River's role as a retail,commer-
businesses that will not be redeveloped to restore cial and residential area and revitalize the investment made in the
their traditional character? downtown business district.
A. Yes.The Elk River Economic Development Authority(EDA)has a
Micro Loan Fund to help businesses to rehabilitate and restore their Q. Is this redevelopment a"sure thing"?
buildings.A loan for up to$50,000 is available at two points below A. No. Redevelopment is a complex process and requires many steps
the prime rate with financing for up to three years and amortization and cooperative planning by the developer and the City.The rede-
up to 15 years.At least 20 percent of the loan dollars must be used velopment project must meet the goals of the community and pass
for improvement of the building's façade and the EDA's loan must the test of both market and financial feasibility.That is why the
be matched on a one-to-one ratio. For more information,contact process begins with a preliminary development agreement phase to
Economic Development Director Cathy Mehelich. ensure that the important issues can be resolved before moving on
to the final development phase.
Q. How will this redevelopment project be
funded?Will the project impact my property taxes? Q. When will there be an opportunity for more
A. The project will be funded primarily through land payments by the public involvement?
developer and tax increment finance. Because the project is being A. Once the developer, in cooperation with the City,has prepared pre-
funded by other sources,the City does not anticipate that it will liminary site plan options,an open house will be held to get commu-
impact property taxes.The tax increment financing assistance, if nity review and feedback of the plan.The exact date of that open
used,will be provided based upon the taxes generated by this house is not known, but it will likely be held later this year.More •
development and will not result in a tax on existing taxpayers. information will be available in the coming months.
Q. What is tax increment financing (TIF)? Q. How can I stay informed?
A. TIF is a financing tool created by the Minnesota Legislature in the mid- A. Copies of this and future newsletters will be available at City Hall,the
1970s to help encourage development and redevelopment.Under TIF, Chamber of Commerce,and Elk River Municipal Utilities.In addition,
property tax revenue equivalent to what the current property generates information will be provided in the Elk River Star News and on ERN
continues to go to all taxing jurisdictions.A portion of the tax revenue Channel 12,and the city website at www.ci.elk-river.mn.us. If you
that results from the increased value of the new development,also have questions about the revitalization process,please feel free to
called the"tax increment,"goes to pay site costs such as acquisition, contact the Director of Economic Development,Cathy Mehelich
demolition,water,sewer,utilities,and street improvements.Once the at(763)441-7420.
City of
Elk
River
13065 Orono Parkway, Box 490
Elk River, MN 55330
411
Publicorp, Inc. Public Finance Seminar 2001
III. Types of TIF Districts
As indicated above, to create a TIF district, the property and proposed use must meet the qualifications of
• one of the types of districts authorized by law. Each district type has different qualification requirements,
maximum durations, and use restrictions. The types of districts authorized by law are as follows:
❑ Redevelopment District
❑ Qualification Requirements:
48 Parcels that make up 70% of the district are improved. To be considered
"improved,"at least 15%of the parcel's area must contain improvements.
AOMore than 50% of the buildings(excluding outbuildings) are structurally
substandard to a degree requiring substantial renovation or clearance. A
building is not substandard if it complies with building codes or could be
brought up to code at a cost of less than 15%of the cost of a comparable
new building on that parcel. This determination must be made by an
interior inspection unless access cannot be made to the structure or there is
enough evidence supporting that the building is structurally substandard;
or
✓ The district consists of vacant, unused, under used, inappropriately used,
or infrequently used rail yards,rail storage facilities or excessive or vacated
railroad rights-of-way. ,
0 ✓ Changes by the 2000 Legislature expand the areas that qualify as
redevelopment districts to include unused or underused tank facilities
adjacent to railroad facilities. Properties on which the tank facilities have
been removed also qualify. This section also allows a redevelopment
district to qualify by using more than one of the three tests(blight,railroad
facilities, or tank facilities)to qualify parts of the district.
❑ Maximum Duration
✓ May collect increment for twenty-five years after the date of receipt of the
first increment. May designate commencement in the year when the
market value reaches an agreed-upon minimum (no more than four years
after date of certification), in which case the district duration is 20 years
after such commencement date.
❑ Important Restrictions
✓ At least 90% of the increment must be used to finance the cost of
correcting conditions that allow designation of redevelopment districts.
•
How to Set Up a TIF District- 9
Preliminary Redevelopment Agreement
•
This Preliminary Redevelopment Agreement (the "Agreement") is dated as of October
28, 2002; is by and between the Housing and Redevelopment Authority in and for the City of Elk
River, Minnesota(the "HRA"), and MetroPlains Development, LLC, a Minnesota limited
liability company("MetroPlains"); and provides as follows:
1. Recitals.
(a) The HRA and the City of Elk River have been examining the need to
revitalize and redevelop the City's downtown business district.
(b) Pursuant to a recent "request for proposals" process, MetroPlains was
selected by the HRA to work toward conceptualizing, designing and implementing one or
more initial phases of the downtown revitalization project. At the present time, these
initial phases of MetroPlains, should they prove feasible and acceptable in all other
respects, are expected to entail mixed-use development, including residential and retail
components (the "MetroPlains Project") and are expected to occur within but not
necessarily to encompass entirely the shaded areas indicated on the attached Exhibit A
(the "Exclusive Sites").
(c) The purpose of this Agreement is to provide a basic framework and certain
• understandings for examining and possibly implementing the MetroPlains Project. The
HRA and MetroPlains agree to work diligently and in good faith with each other to
realize mutually satisfactory results of the kind envisioned hereby, without committing
either party to a project which it does not find acceptable in its own judgment and
discretion.
2. Terms of Agreement.
(a) The term of this Agreement (the "Term") shall extend from the date hereof
through May 1, 2003,upon which date this Agreement shall expire unless extended in
writing by the parties in their sole and absolute discretion, respectively. Upon expiration
of this Agreement, neither party shall have any right or obligation hereunder, except that
the provisions of subparagraph(g)below respecting the use and final accounting of the
$15,000 deposit described therein shall continue to apply in accordance with the terms
thereof.
(b) MetroPlains will proceed with due diligence to examine the feasibility of
and develop, if possible, more specific plans and locations (within the Exclusive Sites)
for the MetroPlains Project. MetroPlains will keep the HRA apprised from time to time
of its progress in developing such plans. As those plans proceed, it is anticipated that the
parties would work in good faith toward drafting a mutually acceptable definitive
redevelopment agreement ("Redevelopment Agreement") respecting the terms and
conditions and other specifics relating to the undertaking and completion of the
• MetroPlains Project, including anticipated tax increment or other financial assistance
1457233v3 1
from the HRA, if applicable. The parties recognize that a final Redevelopment
II/ Agreement may involve HRA assistance in the assembly and acquisition of real property
for the MetroPlains Project, including the exercise of eminent domain powers in
accordance with, subject to and as may be permitted by applicable law. During the Tenn,
the HRA agrees that it will not enter into or negotiate a similar development or
redevelopment agreement with any developer or redeveloper other than MetroPlains for a
project within the Exclusive Site and that it will not agree with any such alternate
developer to provide tax increment or other financial assistance, eminent domain
assistance, or other assistance in connection with any development or redevelopment
undertaken within the Exclusive Area with any party other than MetroPlains.
(c) As the plans of MetroPlains for the MetroPlains Project shall evolve,
MetroPlains shall hold a public meeting and open house to present such plans to the
public and to solicit public input on those plans before any final Redevelopment
Agreement can be finalized.
(d) While the HRA acknowledges that tax increment financing and/or lawful
eminent domain powers may need to be exercised in order to make any MetroPlains
Project feasible and possible, a final commitment in those areas, as well as any other final
commitments respecting the HRA's role in or assistance to the MetroPlains Project, can
only come if and when a final Redevelopment Agreement is approved and executed by
the HRA's duly authorized representatives, following approval thereof by the HRA Board
of Commissioners in its sole and absolute discretion. Similarly, the HRA understands
• that unless and until MetroPlains executes a final Redevelopment Agreement, it has not
made any final commitment with respect to undertaking or completing the MetroPlains
Project.
(e) It is understood that the plans for the MetroPlains Project must be
submitted in accordance with all City design guidelines and planning and zoning
requirements, subject to such conditional use permits, planned unit developments,
variances and other procedures and processes which may be available pursuant to
applicable local codes. The list of current City development fees which may(or may not)
apply to the MetroPlains Project is attached hereto as Exhibit B. Actual amounts will be
determined at the time of formal application and project approval where applicable.
(f) During the Term, in connection with discussing and attempting to
negotiate a final Redevelopment Agreement, the HRA and MetroPlains will need to agree
upon final site boundaries for the MetroPlains Project, and the HRA in its discretion will
be examining with the City the appropriate boundaries of any tax increment financing
district or "project area" relative to that tax increment financing district.
(g) No later than November 4, 2002, and as a condition precedent to the
effectiveness of this Agreement, MetroPlains shall deposit with the HRA $15,000 which
may be used to pay certain expenses incurred by the HRA or the City in reviewing,
responding to or analyzing the MetroPlains Project proposals. These eligible expenses
would not include HRA/City staff time but would include HRA/City legal fees for work
• on this Agreement and the Redevelopment Agreement, financial consulting fees related
1457233v3 2
to analyzing the feasibility of the MetroPlains Project or providing tax increment
• projections, and engineering fees related to advising on or examining present public
infrastructures in the downtown area relative to (or respecting future improvements
necessitated by) the MetroPlains Project. When the HRA/City draws against these funds
from time to time, it shall promptly provide MetroPlains with a copy of the actual billing
involved. Within 60 days of the end of the Term, the HRA will give MetroPlains a final
accounting of this deposit and will return any funds which are not needed to pay or
reimburse for such eligible expenses. MetroPlains shall not be required to pay more than
$15,000 pursuant to this subparagraph, even if the total of eligible HRA/City expenses
exceeds that amount. The existence of this funding and utilization thereof by the
HRA/City shall in no way compromise the judgment or discretion of the HRA/City as to
the acceptability of the MetroPlains Project or the proposed provisions of a
Redevelopment Agreement.
3. Miscellaneous. This Agreement shall be governed by the laws of the State of
Minnesota and may be executed in any number of counterparts, each of which shall constitute an
original hereof and all of which shall constitute one in the same instrument. It is understood and
agreed that MetroPlains may form one or more separate entities to proceed with one or another
of the individual phases of the final MetroPlains Project; similarly, it is understood that aspects
of the final implementation of any Redevelopment Agreements, or any one or more of such
agreements themselves, may in the end be executed in the name of the City.
IN WITNESS WHEREOF, the HRA and MetroPlains have executed this Agreement by
their duly authorized representatives as of the date first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF ELK RIVER, MINNESOTA
By
Its Board Chair
By
Its Executive Director
METROPLAINS DEVELOPMENT, LLC
By
Its
•
1457233v3 3
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DEVELOPERS AGREEMENT 9%242002
CA., / - - ORaw2:44/92,0
r�Br
! _ AREA OF DEVELOPMENT cUL
l aver PlO NUMBERS NOT
NOT TO SCALE
EXHIBIT B
City of Elk River
Applicable Fees
The following list of fees may or may not apply to your project. This list is not intended to be
all-inclusive but a snapshot of possible fees that should be considered by any applicant.
Park Dedication If land is being platted. Paid at time
of final plat.
Surface Water Management If land is being platted.
Trunk Sewer & Water Fee If land is being platted.
Sewer Availability Charge (SAC) For connection to municipal sewer;
Based on building design.
Water Availability Charge (WAC) For connection to municipal water;
Based on building design.
Building Permit Fees Based on square footage and construction type;
Established by MN State Building Code.
•
Plan Check Fees Based on square footage and construction type;
Established by MN State Building Code.
Electric Connection Fees For connection to municipal electric;
Based on percentage of service construction cost.
Streetlight(s) Based on site layout.
•
1457233v3 B-1
ETROPLAINS
METROPLAINS PROPERTIES INC
METROPLAINS DEVELOPMENT LLC
" h o u s i n g t h e h e a r t l a n d
Elk River Downtown Revitalization Project
Predevelopment Stage
October '02 thru April `03
Project Tasks and Schedule
October 1, 2002
Task Timeline
• Team Assemblage throughout phase
(Architectural, Environmental, Financial, Broker)
• Determination of site control feasibility throughout phase
• Site determination boundaries throughout
• Background information accumulation throughout
(Topographic,jurisdictional authority, utilities,
Setbacks, design standards, transportation)
• Concept Development throughout with mid and end
Term reviews
• Tax Increment determination throughout
(City site and boundary determination)
• Preliminary environmental review-phase 1 throughout
• Commercial options and feasibility throughout
• Informal market analysis throughout
(Rental and market rate w/for sale option)
• Financial Feasibility and sources of funds throughout
• Public meetings and community information mid phase and end of phase
Sharing.
S
SPRUCE TREE CENTRE • 1600 UNIVERSITY AVE. • SUITE 212
ST.PAUL MINNESOTA 55104-3825
651 646 7848 • FAX 651 646 8947 • www.metroplains.com