4.1. DRAFT HRA MINUTES 02-07-2022 City of
Elk Regular Meeting of the Elk River
River Housing and Redevelopment Authority
Held at the Elk River City Hall
Monday, January 3, 2022
Members Present: Chair Larry Toth, Commissioners Denny Chuba, Nate Ovall,Jayme
Swenson, and Jennifer Wagner
Members Absent: None A*
Staff Present: Economic Development Director Brent O'Neil and Recording Secretary
Jennifer Green
I. 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 5:30 p.m. by Chair Toth.
2. Pledge of Allegiance
The Pledge of Allegiance was recited,
3. Consider January 3, 2022, Agenda
Moved by Commissioner Wagner and seconded by Commissioner Chuba to approve
the January 3, 2022, HRA meeting agenda as presented.
Motion carried 5-
4. Consent Agenda
Moved by Commissioner Chuba and seconded by Commissioner Swenson to
approve the consent agenda as follows:
4.1 Meeting Minutes from December 6, 2021.
4.2 Check registers as outlined in the staff report.
4.3 Balance sheets as outlined in the staff report.
4.4 Revenue/expenditure reports as outlined in the staff report.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
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January 3,2022
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6. Public Hearings
There were no public hearings.
7.1 TIF District Number 28 —Jackson Hills II
Mr. O'Neil presented the staff report.
Chair Toth asked for clarification about the size of the peat bog# relation to the proposed
project and the TIF boundaries.
Mr. O'Neil clarified the location of the project outlined in red was the size of the plat for the
parcel. He indicated TIF boundaries are aligned to the parameters of the plat. The parcel is a
4-acre site and noted the request for TIF fund are for the first apartment building to be
constructed on the southern third of the parcel. He also explained the TIF plan will set
parameters for how many and what buildings are allowed to receive funds. He explained the
parcel is 4 acres and will be parallel to the existing Jackson Square building.
Mikaela Huot, director at BakerTilly, detailed the project and her review of it. She
explained the parameters of the project and clarified the exact boundaries of the first
building have not been submitted by the applicant. Therefore,to avoid replating, they are
proceeding this way. Based on this current site,if the applicant develops future phases, they
would be included within the tax increment district, they will generate additional increment,
and that increment would require a new application and review to show the extraordinary
costs could be reimbursed. Future phases would require a new public hearing and approval
as it this plan capped by the dollar amount associated with the present phase.
Ms. Huot further explained details regarding the initial application and a change from the
application doing further due diligence regarding soil correction costs,which were initially
estimated up to $850 Qp0.,She stated the soil correction costs are now estimated at just over
$1,000,000 dollars.
Commissioner C 'uba stated he understood there could be future development on the site,
but he hoped access to the future site from the proposed site as he couldn't imagine access
off of Jackson Avenue. Commissioner Chuba asked if something should be more solidified
with a condition regarding access to the site. He also asked about the remainder of the site
and what the zoning is and what would be allowed on the site. He asked if they would be
paying park -a n fees.
Mr. O'Neil state the developer currently has control over the site and all future movement
would be through 6`'' Street and take place through the site with engineering staff reviewing
and signing off on any additional access points on Jackson Avenue.Additional terms and
conditions regarding these details could be part of the final agreement. He stated future
buildings on the site would need to be residential properties and the property reviewed for
compliance with the zoning ordinance subject to final design. Park dedication fees would be
required to the city.
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Commissioner Wagner stated she supports the TIF project but has concerns with the high
cost of soil remediation on this site. She stated they recently turned down a similar request
located nearby for similar soil concerns. She asked if TIF were awarded,would the city be
liable in the future if there were any structural problems with the buildings. She states she
needs to have answers to the taxpayers if future problems occur.
Mr. O'Neil stated there will be more detailed engineering plans that will need to be
completed, followed, and inspected during the sequence of designing the site, and he
anticipates the mitigation would need to be sufficient to support a building. He felt an
answer about city liability would have to be answered by legal counsel.
Commissioner Ovall stated the city could always be sued but the city would have to be
shown to be negligent in this project and felt based upon what we know at this time,we
couldn't ensure that we would be liable for any future roblems.
Commissioner Chuba asked if a hold-harmless clause could be added.
Ms. Huot stated while she couldn't answer if the city may be liable in the futu."', she did note
the structure is pay as you go, and the applicant would be paid as the mitigation is made and
clean up of the site is done per the standard of the expectation of receiving TIF funds. There
are conditions in the agreement itself that would hold them responsible for following or they
wouldn't receive the TIF funds. She felt working with the city attorney could take steps to
ensure the city is held harmless if the corrections were made to make the site buildable to
ensure future safety and,liability concerns.
Chair Toth stated he presumed our en will have reviewed the reports from the soil
borings to know how deep the bog is.
Mr. O'Neil stated they have received a report from the applicant's engineers,who have
indicated there is 5-7 feet of bog that needs to be mitigated. He stated it would be the
engineer's responsibility to have that investigated and a mitigation plan in place,which would
follow the city's permitting process.
Mr. O'Neil commented on the financial analysis presented by Ms. Huot. The developer will
be looking at a funding project through MHFA for funding to supplement the project
budget and if awarded, the city would review to revisit the project and determine if
additional monies would change the scope and scale and perhaps the project can grow. The
notification of awards comes in April of 2022. The applicant is also exploring federal
fundings that may be available.
Ms. Huot stated if the project is awarded the grant funding,the city would have to review
TIF based upon the amount rewarded. By April,we will know what is warranted and if it
would affect the final TIF award. Still on the path that we knew. Contract will come later.
Moved by Commissioner Chuba and seconded by Commissioner Ovall to
recommend approval of the consideration of approval of the TIF Number 28 Plan
and TIF District as outlined in the staff report.
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Motion carried 5-0.
7.2 HRA Housing Rehabilitation Loan Program Update
Mr. O'Neil presented the staff report. He noted he would be working with the Star News to
redesign advertisements for a new fresher look to appeal residents and promote the
rehabilitation loan program.
7.3. General Updates
Mr. O'Neil stated he will be presenting a program to the HRA called Placer.ai which uses
geographic cell phone data to assist with market analysis. He stated he presented this to the
EDA for their review last month. He stated he will distribute ute mo e,information to the HRA
prior to the meeting.
Commissioner Wagner suggested a joint work session with the EDA to receive the
information.
Chair Toth asked how this information will be relevant to housing.
Mr. O'Neil briefly explained how some; f the data ma e used to correlate housing needs.
7.4. Main and Gates Development
Mr. O'Neil introduced Dean Dovolis'ofDfk ",rchitecture and Matt L. Mullins with The
Mullins Group, Inc.,who presented a PowerPoint presentation outlining a preliminary
proposal for the Main and Gates redevelopment property. They stated they were requesting
some initial feedback from the HRA as they continue to move forward with their project.
After reviewing the preliminary concept presented, the HRA discussed preferred access to
the proposed building off Gates Avenue, the parking lot location for access to the
commercial businesses, and a request to keep as many existing trees as possible. The HRA
also preferred the mixed uses combining residential and commercial but wondered what type
of commercial uses draw the public in. There were concerns about the preliminary
architectural components for a 4-story building, specifically if this is being proposed as
market rate housing and suggested some modifications to the roof line and faces of the
building, noting it was situated on a main gateway through the city gaining high visibility.
The HRA felt it important to receive community engagement as there may be important
feedback from the surrounding property owners.
8. Adjournment
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January 3,2022
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Chair Toth adjourned the meeting at 6:34 p.m.
Minutes prepared by Jennifer Green.
Tina Allard, City Clerk
Larry Toth, Chair
Housing&Redevelopment Authority