09-12-1994 EDA MIN
MEETING OF THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY
HELD AT THE ELK RIVER CITY HALL
MONDAY, SEPTEMBER 12, 1994
Members Present:
President Gongoll, Commissioners Dietz, Duitsman, Farber,
Holmgren, and Scheel. Commissioner Dwyer arrived at 7:12 P.M.
Members Absent:
None
Staff Present:
Bill Rubin, EDA Executive Director; Peter Beck, City Attorney
1. Call Meetinq To Order
Pursuant to due call and notice thereof, the meeting of the Elk River Economic
Development Authority was called to order at 7:00 p.m. by President Gongoll.
2. Consider September 12, 1994 Aqenda
Bill Rubin requested the following changes to the agenda:
Item 5. changed to 5.1. - EDA Financial Update
Add Item 5.2. - Statement of Expenses
Add Item 12.3. - Star Cities Conference Update
Consider Item 7. after Item 4. - Open Mike
COMMISSIONER DUITSMAN MOVED TO APPROVE THE SEPTEMBER 12, 1994 EDA
AGENDA AS AMENDED. COMMISSIONER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
3. Consider Auqust 8, 1994 Minutes
COMMISSIONER FARBER MOVED TO APPROVE THE AUGUST 8,1994 EDA MINUTES.
COMMISSIONER DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
4. Open Mike
No one appeared for this item.
7. Consider Proposed Revisions to the City'S Conflict of Interest Ordinance
Peter Beck explained the options he has prepared for revising the City's Conflict
of Interest Ordinance. Exhibit A illustrates Option 1, redlining the proposed
changes in the existing ordinance. Exhibit B is a clean copy, incorporating the
changes. Option 2 is shown on Exhibit C, which cuts back on the existing
ordinance and adopts State law. Mr. Beck stated that a memorandum is
attached to the exhibits, summarizing the State laws and the City's Conflict of
Interest Ordinance. He stated that the City Council will be reviewing the revisions
at their meeting on September 26, 1994. Peter noted that they could delay
action until sometime in October if more time was needed for other commissions
EDA Minutes
September 12, 1994
Page 2
to review the proposed changes. He noted that he may make some additions
regarding the Open Meeting Law.
Commissioner Dwyer arrived at this time (7:12 p.m.).
It was the consensus of the EDA to recommend that other commissions should
be given time to review the proposed ordinance changes and make
comments.
5.1. Consider September EDA Financial Update
Bill Rubin review the following financial summary provided by Finance Director
Lori Johnson:
Micro Loan Fund
On August 31, 1994, the Micro Loan Fund had a cash balance of $148,715.17. All
loan payments are current with the exception of Americlnn.
Block Grant Micro Loan Fund
The balance in this fund was $10,645.17 as of August 31, 1994.
5.2. Statement of Expenses
Bill Rubin provided the following overview of EDA expenses through August 31,
1994:
Personal Services
Office Supplies & Charges
Contractual Services
Transfer to General Fund
$1 6, 833.24
529.94
37,092.19
1,000.00
Total Due to City of Elk River
$ 55,455.37
Bill explained that the following items are included under contractual services:
-Annual $6,000 contribution to Chamber of Commerce
-Development activities such as the business park appraisal and
independent analysis of the ice area project
-Advertising costs include the newsletter, inserts for the City brochure,
and advertising in marketing publications.
COMMISSIONER DUITSMAN MOVED APPROVAL OF EDA STATEMENT OF EXPENSES.
COMMISSIONER FARBER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
.
6. Consider a Recommendation from the EDA to the City Council Reqardinq the
Proposed Business Park Rezoninq
Bill Rubin provided an overview of the history of the proposed business park (B-P)
rezoning. He stated that the Planning Commission unanimously recommended
that the City Council approve the B-P rezoning. Previously, the EDA Business Park
Task Force, by consensus, recommended that the Planning Commission, EDA,
EDA Minutes
September 12, 1994
Page 3
and City Council approve the B-P rezoning. The Planning Commission also
recommended adjusting the PUD/B-P line west of the Government Center so as
to run parallel with US Highway 10 and County Road 30.
Discussion followed regarding the southern boundary change proposed by the
Planning Commission.
COMMISSIONER DWYER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT IT
APPROVE THE B-P, BUSINESS PARK ZONING DESIGNATION TO CERTAIN PROPERTIES
LOCATED ALONG THE WESTERN AREA OF THE COMMUNITY. COMMISSIONER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
8. Consider an Update on Central Business District (CBDI Issues
Bill Rubin noted that as a result of an August 8th workshop on the CBD, the
discussion was continued to the August 11, 1994 HRA meeting. At this meeting,
the HRA approved a Request for Proposals (RFP) for the northwest quadrant of
King Avenue and Main Street. The RFP calls attention to 3 contiguous properties
listed for sale. While making no commitments, given the right proposal, the HRA
will consider making a grant for demolition costs, thereby reducing a potential
developer's costs. Bill stated that the RFP is an attempt to attract
redevelopment into the Central Business District.
Bill Rubin explained that the Request for Proposals was published in the Elk River
Star News and the Minnesota Real Estate Journal, and also a copy of the RFP
was mailed to approximately 40 potential users. He stated that the deadline for
submitting proposals is September 14th at 4:00 p.m. Bill noted that the HRA has
scheduled a meeting for September 20th to give persons submitting a proposal
a chance to explain their concept to the HRA.
Bill Rubin stated that also at the August 11, 1994 HRA meeting, the HRA approved
its 1995 budget. The budget contains an expenditure of approximately $17,000
to design and construct an initial phase of a river front corridor or pathway. He
anticipates that the HRA may contract with a landscape architect to look at
opening up property on the river. Bill stated that he has asked the Park and
Recreation Commission to consider an equal match of funds in 1995. He
suggested that a river front corridor committee or task force be formed,
comprising 2 HRA representatives, 2 Park and Recreation commissioners,
representatives of the downtown development corporation representing the
downtown property owners, and perhaps several citizens from the community
at-large. Bill noted that the Park and Recreation Commission will be meeting on
September 14th at 4:00 p.m. to discuss this issue.
9. Consider a Request from the City Council to Revise the 1995 EDA Budaet
Bill Rubin explained that in order to close the gap in the City's 1995 budget
shortfall, the EDA has been asked to absorb additional expenses in the amount
of $8,000. These expenses are as follows:
EDA Minutes
September 12, 1994
Page 4
$6,100
1,400
500
Personnel
Redesign & ordering of City pins
Video taping expenses for EDA meetings
$8,000
President Gongoll expressed his opposition to cutting expenses from the EDA's
budget, as it is relatively small. He stated that he would be in favor of Option 1 if
the cuts had to be made, but that he would like to continue the newsletter on a
semi-annual or annual basis.
Commissioner Dwyer pointed out that this cut represented approximately 10
percent of the EDA's budget, and questioned if other departments were being
cut 10 percent as well. Bill Rubin stated that he did not have that information.
Commissioner Dwyer stated that he was not in favor of using the EDA's fund
balance for the expenses. He felt that it has taken time to build up the fund
balance and would like to reserve it for projects such as the Tescom TIF Grant.
Commissioner Dietz expressed his opposition to cutting the Chamber
contribution. He stated that the EDA should consider using the developmental
activities fund for making up the shortfall. Commissioner Dietz continued to say
that it has been the Council's intent to shift more of the EDA personnel expenses
to the EDA budget as time goes on.
President Gongoll stated that he felt the availability of developmental funds are
the crux of EDA. Commissioner Dietz replied that $16,000 in development
activity funds in the 1994 budget were not used. Commissioner Dwyer stated
that the EDA was planning to use a portion of the funds for business park
activities such as soil borings, appraisal fees, and legal services. He further
stated that the TIF funds designated for the business park are being reserved for
land acquisition.
Commissioner Duitsman explained the difficulty the Council is faced with in
balancing the City's budget. He noted that an eleven percent increase in
valuation is expected, which will affect the total amount of the levy.
Discussion followed regarding the timetable for finalizing the City's budget.
Commissioner Holmgren noted that it is difficult to compare the EDA with other
City departments in that the EDA is able to levy against property taxes for their
funds, the EDA has the ability to grant loans, and the EDA may generate a profit.
He further noted that it was foreseen since the EDA's inception that the EDA
would support as much as 50 percent of EDA salaries.
Bill Rubin stated that it was his understanding the split would be 40-60 between
the EDA and the City for 1995, and now a 50-50 spit is being proposed.
City Administrator Pat Klaers explained that the EDA is being asked to approve
the $8,000 increase in line items at this time. He stated that when further
information is available regarding valuations, consideration will be given to the
possible deletion of line items and addition of the fund balances. Pat also
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September 12, 1994
Page 5
noted that on a City-wide basis, typically 60 to 65 percent of any given
department's budget is for salaries. At this time, 50 percent of the EDA's budget
is proposed to be used for salaries.
COMMISSIONER DUITSMAN MOVED TO AMEND THE 1995 EDA BUDGET BY SHIFTING
$8,000 IN EXPENSES FROM THE GENERAL FUND TO THE EDA BUDGET AS FOLLOWS:
PERSONAL SERVICES
$6,100 - SALARIES FOR EDA COORDINATOR AND SUPPORT STAFF
500 - VIDEO TAPING EXPENSES FOR EDA MEETINGS
CONTRACTUAL SERVICES
$1,400 - REDESIGN AND REORDERING OF CITY PINS
COMMISSIONER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 6-l.
PRESIDENT GONGOLL OPPOSED.
Pat Klaers noted that there is no Truth in Taxation requirement for the HRA or the
EDA, only for the City General Fund. He further noted that the tax levy
resolutions that the City Council has approved for the HRA and EDA are related
to a percentage of the tax base which is .01813 for the EDA. Pat added that it
may be possible to have an additional $5,000 in revenues, thereby adjustments
of only $3,000 may be necessary.
10. Consider a Proposal from Anoka-Hennepin Technical Colleae reqardina the
City's Review and Permittinq Process
Bill Rubin explained that he requested a proposal from Linda Browning, a
customized training consultant at Anoka-Hennepin Technical College, to
address the City's review and permitting process. Bill noted that Ms. Browning
was employed by the City of Calgary during the time its population
mushroomed; reviewing and implementing similar processes for the City of
Calgary. Bill stated that he met with Ms. Browning on Friday, along with
Commissioners Dwyer and Gongoll, and also the City Planner, Steve Ach to
review her proposal.
President Gongoll and Commissioner expressed their satisfaction with Ms.
Browning's proposal as well as her qualifications.
Commissioner Holmgren expressed his support for the proposal. He stated that
elected officials have received comments from time to time, suggesting that the
City's permitting and review processes are not as consumer-friendly as they
should be. He further stated that this proposal would provide an opportunity to
challenge those comments.
President Gongoll explained that the focus will be on the EDA process but that
nearly all departments will be involved. Bill Rubin stated that he expected the
building and zoning administrator, chief building official, city planner and
administrative support to be included as well.
PRESIDENT GONGOLL MOVED TO ACCEPT THE PROPOSAL SUBMITTED BY LINDA
BROWNING TO REVIEW THE CITY'S PERMITTING AND REVIEW PROCESS, AT A COST
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September 12, 1994
Page 6
NOT TO EXCEED $3,900. COMMISSIONER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
11. Consider a Micro Loan Request from Elk River Auto Mall L.L.C.
Bill Rubin explained the EDA is in receipt of a request from Elk River Auto Mall
L.L.C. (Limited Liability Company) for a $50,000 micro loan. The loan would be
used to support the construction of a 16,000 square foot multi-tennant auto mall
and an adjacent 5,000 square foot multi-tennant commercial retail building on
the same parcel of land. He noted that the L.L.C. is comprised of Mr. John
Weicht of John Weicht and Associates, Mr. Jim Rogness of J.R. Autotech
Automotive, and Mr. Paul Vincent. Bill further explained that it is proposed that
the land and construction costs will total $1,278,000. He stated that there will be
two primary lenders financing approximately 70 percent of the project and
applicant equity in the amount of $325,000. The proposed EDA loan of
approximately $50,000 would represent roughly 4 percent of the total cost.
Bill Rubin explained the letter of commitment from the primary lender(s) is not
available at this time.
Discussion following regarding the financing a project that will only be partially
owner-occupied.
Commissioner Duitsman stated he did not feel a need to finance a commercial
project on raw land.
President Gongoll noted that the EDA Finance Committee voted unanimously to
approve the loan request by Elk River Auto Mall, contingent upon the
participation of the primary lender.
Commissioner Farber questioned what would happen if the parties were to
default on the loan. Bill Rubin explained that the primary lender would be first in
line to collect and the EDA would be second. He noted that the applicant must
provide the EDA with a promissory note as well as a personal guarantee.
COMMISSIONER HOLMGREN MOVED TO APPROVE THE MICRO LOAN REQUEST
FROM ELK RIVER AUTO MALL LLC., CONTINGENT UPON THE RECOMMENDATION
OF THE EDA FINANCE COMMITTEE THAT A LETTER OF COMMITMENT BE PROVIDED
FROM THE PRIMARY LENDER. COMMISSIONER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 4-2-1. COMMISSIONERS DUITSMAN AND SCHEEL OPPOSED.
COMMISSIONER DWYER ABSTAINED, AS THE BANK OF ELK RIVER IS ONE OF THE
PRIMARY LENDERS FOR THE PROJECT.
12.1. Chanqe EDA Meetinq lime
Bill Rubin explained the City Council's request to move the EDA meeting time
from 7:00 p.m. to 6:00 p.m. , and also outlined several issues that need to be
considered in making the change.
Commissioner Duitsman stated thaT the City Council has become accustomed
to meeting nearly every Monday night at 6:00 p.m. and that they would like to
have the option of conducting business after the EDA meeting.
EDA Minutes
September 12, 1994
Page 7
President Gongoll expressed his concern that there may be a conflict if the EDA
conducts a public hearing at a specific time, and the City Council wishes to
start their meeting at that time.
Bill Rubin stated that the City Council has scheduled a public hearing for 7:00
p.m. and the EDA will begin their meeting at 6:00 p.m.
President Gongoll expressed his concern that there is not the clear delineation
between the EDA and the City Council that there needs to be. He suggested
that the EDA meet on a Tuesday night. He further suggested that at the annual
meeting, the EDA should consider adding a non-elected official to serve on the
EDA.
Commissioner Duitsman stated he is not in favor of Tuesday meetings because
he is often out of town beginning on Tuesdays.
Commissioner Dwyer asked that Bill Rubin advise the EDA when it would be
appropriate to begin discussions on having another non-elected individual
serve on the EDA. Bill Rubin stated that the EDA composition is found in the
enabling resolution. If the enabling resolution is amended, 30 to 45 days is
required for a public hearing. He stated that if the group is considering that
action, it would need to take place on or about the first of the year.
Commissioner Holmgren stated that they must consider which Council member
would retire from-the EDA, and how the four positions on the EDA would be filled;
i.e., rotation of Councilmembers on the EDA, etc.
PRESIDENT GONGOLL MOVED TO CHANGE THE EDA MEETING TIME FROM 7:00 P.M.
TO 6:00 P.M.. COMMISSIONER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
PRESIDENT GONGOLL MOVED TO CHANGE THE EDA MEETING DAY FROM THE
SECOND MONDAY TO THE THIRD TUESDAY OF EACH MONTH. COMMISSIONER
SCHEEL SECONDED THE MOTION. THE MOTION FAILED 1-5-1. COMMISSIONERS
SCHEEL, DUITSMAN, DIETZ AND FARBER OPPOSED. COMMISSIONER HOLMGREN
ABSTAINED.
COMMISSIONER SCHEEL MOVED TO CHANGE THE MEETING TIME OF THE OCTOBER
10, 1994 EDA MEETING FROM 6:00 P.M. TO 5:30 P.M. COMMISSIONER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
12.2. Chanqe November Meetinq Date
COMMISSIONER SCHEEL MOVED TO CHANGE THE NOVEMBER EDA MEETING FROM
MONDAY, NOVEMBER 14, 1994, TO TUESDAY, NOVEMBER 15,1994, AT 6:00 P.M..
COMMISSIONER DWYER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
12.3. Star Cities Update
Bill Rubin indicated that the annual Star Cities conference is scheduled for
September 21 st through September 23, 1994. He noted that Elk River will be
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September 12, 1994
Page 8
designated as a 1994 "All Star City" based on its efforts in economic
development. President Gongoll suggested that Bill Rubin inform the founding
members of the Star Cities project of the City's All Star status.
13. Adjournment
There being no further business, COMMISSIONER HOLMGREN MOVED TO
ADJOURN THE MEETING. COMMISSIONER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
The meeting of the Economic Development Authority adjourned at 8:50 P.M.
Respectfully submitted,
MWV ~~~
Debbie Kleckner
Recording Secretary