HomeMy WebLinkAbout05-17-17 JDA Agenda Packet
AGENDA
Wednesday, May 17, 2017
5:30 p.m.
Arden Hills City Hall—Council Chambers
1. Roll Call
2. Approval of Agenda
3. Approval of Minutes
a. None.
4. Public Inquiries/Informational
a. The intent of the Public Inquiries/Informational part of the agenda is to provide
interested parties with an opportunity to speak to the JDA about an issue or concern
about a past or future agenda item. The current agenda for tonight's meeting is
structured to ensure that the JDA accomplishes their business within that agenda. If
there is a public hearing scheduled as an agenda item, the public will be invited to speak
to that agenda item. In addressing the JDA, please state your name and address for the
record, and a brief summary of the specific matter being addressed. To allow adequate
time for each person wishing to address the JDA, individuals should limit their comments
to three (3) minutes. Written documents may be distributed to the JDA prior to the
meeting, or as bench copies, to allow a more timely presentation.
5. Consent Agenda
6. Old Business
7. Public Hearing
a. None
8. New Business
a. 2017-18 Budget
b. Master Developer Agreement Update
c. Amendment to the Preliminary Development Agreement
9. Communications – See attached memo.
10. Development Director Update – None.
Joint Development Authority
TCAAP Redevelopment Project
11. Administrative Director’s Report – Verbal.
12. Commissioner Updates
13. Adjournment
Page 1 of 2
Joint Development Authority
TCAAP Redevelopment Project
DATE: May 12, 2017
TO: Joint Development Authority Board of Commissioners
FROM: Josh Olson, JDA Administrative Director
SUBJECT: 2017-18 Joint Development Authority Budget
Budgeted Amount: Actual Amount: Funding Source:
n/a n/a n/a
Requested Action
Approve the 2017-18 Joint Development Authority Budget.
Background
The attached budget spans 2017 and 2018. During this period, the JDA will negotiate a development
agreement with a Master Developer, which may require changes to this budget over that two-year
period. At this time, this is an estimate of ongoing costs related to professional services contracts for
Legal and Public Finance, as well as any meeting expenses, insurance and conference expenses. Finally, a
small contingency amount is included to cover any unforeseen costs.
The attached Request for Board Action item entitled “Rice Creek Commons Annual Financial Report and
Combined Project Budget” was submitted to the County Board in adherence to the JPA between Ramsey
County and Arden Hills. This document is included for background purposes, and shows the project
costs related to the clean up of the former TCAAP site. This information includes the JDA budget, but
the JDA is not being asked to approve this document. At this point, prior to land sales and any potential
grant monies, the JDA’s operations are funded through the TCAAP Project Account established by the
County Board in 2012. Balance is $268K. Staff anticipates that land sale and fee revenue will support
future JDA budgets.
Per the Joint Powers Agreement, Ramsey County provides financial services to the JDA. Per the JPA, the
Joint Development Authority must submit this budget to the City and County upon approval.
AGENDA ITEM 8A
MEMORANDUM
Page 2 of 2
Proposed JDA Budget 2017-2018
2016 2017 2018
Public Finance Consultant 120,000 120,000 120,000
Legal 40,000 40,000 40,000
Economic Development Services
Communications 50,000
Insurance 3,675 3,675 3,675
Meeting Expense 1,200 1,200 1,200
Conferences and Training 7,000 7,000 7,000
Contingency 3,000 3,000 3,000
Total 224,875 174,875 174,875
Attachment
A. Rice Creek Commons Annual Financial Report and Combined Project Budget
1
REQUEST FOR ACTION
RAMSEY COUNTY BOARD OF COMMISSIONERS
Requesting Department: Economic Growth and Community Investment Service Team B2017-41
Committee: Board of Commissioners Meeting Date: 3/7/2017
SUBJECT : Rice Creek Commons Annual Financial Report and Combined Project Budget
REQUESTED ACTION
1. Accept the 2016 Rice Creek Commons Annual Financial Report.
2. Approve the 2017 Rice Creek Commons Combined Project Budget.
3. Authorize the County Manager to make all necessary budget adjustments includ ing increasing
estimated revenues and appropriations for the Rice Creek Commons Combined Project.
EXECUTIVE SUMMARY
On November 27, 2012, by Resolution 2012-342, the Ramsey County Board of Commissioners
approved the Joint Powers Agreement with the City of Arden Hills for redevelopment of the Twin
Cities Army Ammunition Plant (TCAAP) site and authorized the establishment of the Joint
Development Agency (JDA). Under the Joint Powers Agreement, the JDA is required to present to
the County an annual financial report and budget.
This Request for Board Action is to submit the 2016 Annual Financial Report (Attachment 2) for
revenues and expenditures related to the redevelopment of the Rice Creek Commons or “RCC” site
(formerly known as TCAAP) and to submit the 2017 RCC Combined Project Budget (Attachment 3)
that is accounted for in three projects budgets: RCC Development account, RCC Land Acquisition
and Remediation account, and RCC Pre-development account.
FISCAL IMPACT
This Request for Board Action is to present the 2016 Annual Financial Report and 2017 Combined
Project Budget. No new or additional project funding is requested at this time.
COUNTY MANAGER COMMENTS
Under the Joint Powers Agreement, the Ramsey County Board is required to receive an ann ual
financial report and budget for the RCC project.
PREVIOUS ACTION
On March 1, 2016, the County Boar d accepted the 2015 RCC Annual Report and approved the
2016 RCC Combined Project Budget.
On September 8, 2015, the County Board amended the RCC Combined Project Budget to complete
the County Road H improvements; authorized the amendment of the Capital Improvement Plan
Budget; authorized the transfer of Solid Waste Funds to the RCC Land and Acquisition and
Remediation Account; and authorized a transfer of Boys Totem Town Bond proceeds to the RCC
Pre-Development Project Budget (Resolution B2015-285).
Rice Creek Commons Annual Financial Report and Combined Project Budget
2
On April 7, 2015, the County Board accepted the 2014 TCAAP Annual Report; approved the
TCAAP Combined Project Budget; and authorized the transfer of County General Fund to the
TCAAP Pre-Development Project Budget (Resolution B2015-117).
On February 11, 2014, the County Board accepted the TCAAP Annual Report, Budget and
Contingent Account Request (Resolution 2014-053).
On February 4, 2014, the County Board approved the Joint Powers Agreement with Saint Paul Port
Authority (Resolution 2014-047).
On December 17, 2013, the County Board approved the 2014-2015 Capital Improvement Program
Budget (Resolution 2013-358).
On July 16, 2013, the County Board accepted the Public Involvement Plan for the TCAAP Master
Plan (Resolution 2013-195).
On November 27, 2012, the County Board approved the Land Acquisition, Remediation, and
Financing Plan for TCAAP Project (Resolution 2012-343), and the Joint Powers Agreement with
Ar den Hills (Resolution 2012-342).
On September 25, 2012, the County Board approved the Carl Bolander & Sons Agreement
Amendment (Resolution 2012-277).
On June 19, 2012, the County Board approved the TCAAP Land Acquisition (Resolution 2012 -189).
On February 7, 2012, the County Board approved the Carl Bolander & Sons Agreement (Resolution
2012-048).
On November 15, 2011, the County Board approved the offer to Purchase 430 Acres of TCAAP
Property (Resolution 2011-330).
On February 15, 2011, the County Board approved the transfer of funds for redevelopment of the
TCAAP site from 2011 Contingent Account (Resolution 2011-075).
ATTACHMENTS
1. Draft Resolution
2. Rice Creek Commons 2016 Annual Financial Report
3. Rice Creek Commons 2017 Combined Project Budget
Draft Resolution 1
2
WHEREAS, The Ramsey County Board approved the Joint Powers Agreement 3
with City of Arden Hills for the redevelopment of the Twin Cities Army Ammunition Plant, 4
now known as Rice Creek Commons site; and 5
6
WHEREAS, The Ramsey County Board is to be provided with an annual financial 7
report and adopt an annual budget for the Rice Creek Commons site; and 8
9
WHEREAS, The Ramsey County Board approved the Rice Creek Commons 10
Annual Report, the Rice Creek Commons Combined Project on March 1, 2016; Now, 11
Therefore, Be It 12
13
RESOLVED, The Ramsey County Board of Commissioners accepts the 2016 14
Rice Creek Commons Annual Financial Report; and Be It Further 15
16
RESOLVED, The Ramsey County Board of Commissioners approves the 2017 17
Rice Creek Commons Combined Project Budget; and Be It Further 18
19
RESOLVED, The Ramsey County Board of Commissioners authorizes the 20
County Manager to make all necessary budget adjustments including increasing 21
estimated revenues and appropriations for the Rice Creek Commons Combined Pr oject. 22
23
Page 1 of 1
Joint Development Authority
TCAAP Redevelopment Project
DATE: May 12, 2017
TO: Joint Development Authority Board of Commissioners
FROM: Administrators Olson and Joynes
SUBJECT: Master Development Agreement Update
TCAAP Joint Development Authority Staff will provide an update on the Master Development
Agreement with Alatus Arden Hills LLC.
AGENDA ITEM 8b
MEMORANDUM
Page 1 of 1
Joint Development Authority
TCAAP Redevelopment Project
DATE: May 12, 2017
TO: Joint Development Authority Board of Commissioners
FROM: Administrators Olson and Joynes
SUBJECT: Master Developer Preliminary Development Agreement – Amendment No. 2
Background:
The Preliminary Development Agreement (PDA) is a document that serves to outline the responsibilities
of the Joint Development Authority (JDA) and Alatus Arden Hills LLC during negotiations for a Master
Development Agreement (MDA). The JDA approved a Preliminary Development Agreement (PDA) with
Alatus Arden Hills LLC on June 6, 2016. The PDA was amended on December 21, 2016, extending the
agreement for five months (May 31, 2017) and included revised milestones dates. The current PDA is
set to expire May 31, 2017.
The proposed second amendment to the PDA continues to guarantee Alatus that the JDA will negotiate
only with them during this period, and revises a benchmark for delivering good faith efforts in the
development of a MDA. This proposed amendment identifies certain respective design and civil
engineering responsibilities prior to execution of a MDA by the JDA.
Staff from the JDA and representatives from Alatus Arden Hills LLC have agreed to this form.
Attachment
a. Amendment No. 1 Preliminary Development Agreement with Alatus Arden Hills LLC
JDA Action Requested:
Approve the Amendment No.2 to Preliminary Development Agreement with Alatus Arden Hills LLC
AGENDA ITEM 8c
MEMORANDUM
1
AMENDMENT NO. 2 TO PRELIMINARY
DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 2 TO PRELIMINARY DEVELOPMENT
AGREEMENT (“Amendment No. 2”) is made as of the ___ day of May, 2017, by and
between the TCAAP JOINT DEVELOPMENT AUTHORITY, a Minnesota joint powers
entity (“JDA”) and ALATUS ARDEN HILLS LLC a Minnesota limited liability company
(“Developer”).
RECITALS:
A. The JDA and the Developer are the Parties to that certain Preliminary
Development Agreement dated June 6, 2016, as amended by Amendment No. 1 dated
October 31, 2016 (the “Agreement”).
B. The JDA and the Developer wish to further amend the Agreement to,
among other things, reflect changes in certain dates set forth in the Agreement and to
agree to certain respective design and civil engineering responsibilities prior to
execution by the Parties of the Contract (as defined in the Agreement).
NOW THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as set forth below.
AGREEMENT:
1. Definitions. Unless otherwise specifically stated herein, all capitalized
terms used in this Amendment No. 2 will have the meanings ascribed to them in the
Agreement.
2. Amendments.
(a) In each and every place in the Agreement where the date “February 28, 2017”
appears, said date is hereby deleted and the phrase “July 31, 2017, or 75 days following
execution by the Governor of Minnesota of the Governor’s concurrence with the Finding of
Suitability for Early Transfer regarding an approximately 30 acre portion of the TCAAP Site
(“FOSET”) (whichever is later),” substituted therefor.
(b) In each and every place in the Agreement where the date “May 31, 2017”
appears, said date is hereby deleted and the phrase “December 31, 2017, or 225 days
following execution by the Governor of Minnesota of the Governor’s concurrence with the
FOSET (whichever is later),” substituted therefor.
2
(c) A new Section 8 to the Agreement is agreed to as follows:
8. Certain Design and Engineering.
(a) As set forth below, certain of the obligations of the Parties to perform
under this Section 8 are conditioned upon the execution by the Governor of Minnesota of
the Governor’s concurrence with the FOSET (“Governor’s Concurrence”).
(b) This Section 8 is agreed to by the Parties (and acknowledged and agreed
to by the County) for the purposes of undertaking certain design and civil engineering
activities related to the Project on portions of the TCAAP Site as depicted on Exhibit A.
The terms “East” and “West” means the areas so described and identified on Exhibit A.
(c) Upon execution of Amendment No. 2, the County (as a member of the
JDA and as a party acknowledging this Agreement), will direct the County’s consulting
engineer, Kimley-Horn and Associates, Inc., (“KH”) to share information consistent with
the County’s rights and obligations under this Agreement and coordinate with the
Developer’s consulting engineer, Alliant Engineering Incorporated, (“Alliant”) to ensure
that Alliant’s efforts within the East are coordinated with KH’s design on the West.
(d) Upon execution of Amendment No. 2, the Developer will direct Alliant to
share information consistent with the Developer’s rights and obligations under this
Agreement and coordinate with KH to ensure that Alliant’s efforts within the East are
coordinated with KH’s design on the West.
(e) Within two (2) business days after the Governor’s Concurrence, the
County will engage KH to complete the civil engineering design and prepare construction
plans and specifications necessary for the County to issue a public bid package by the
later of January 31, 2018 or 255 days after the Governor’s Concurrence (with planned bid
opening in March, 2018 or 315 days after the Governor’s Concurrence, whichever is
later) related to grading within the West.
(f) Within two (2) business days after the Governor’s Concurrence, the
Developer will:
i. enter into a contract with Alliant (or another consulting engineer
(“Developer’s Engineer”) selected by Developer if Developer agrees to
reimburse the County for the County’s reasonable costs necessary to have
KH share information and coordinate with Developer’s Engineer) to
complete by January 31, 2018 or 255 days after the Governor’s
Concurrence (whichever is later) the engineering design and prepare
construction plans and specifications related to the grading within the East
based on the Developer’s required schedule for development within the
East; provided that the Developer will be responsible for only rough
grading design, plans and specifications of the natural resource corridor in
the East (i.e. the areas labeled as #35 and #36 in Exhibit A); and
ii. authorize Alliant or Developer’s Engineer to participate in and review the
civil engineering work being done by KH within the West.
3
(g) With regard to those portions of the “TCAAP Groundwater Remediation
System” (“TGRS”), owned and operated by the United States Army (“Army”), and
located within the TCAAP Site, the Parties and the County are anticipating delivery from
the Army in July 2017 of a study to optimize the remedies of the contamination in the
groundwater of the TCAAP Site (the “Study”). The Study may result in changes to the
TGRS. The Parties recognize and agree that if the Study is not released by July 15, 2017,
the schedule under this Agreement may be impacted and the Parties will negotiate in
good faith to revise the schedule as required. Upon release of the Study and agreement
between the Parties on a revised schedule:
i. The County will authorize KH to make required revisions, based on the
Study, to the civil engineering design and plans and specifications
described in (e) above; and
ii. the Developer will authorize Alliant or Developer’s Engineer to make
required revisions, based on the Study, to the civil engineering design and
plans and specifications described in (f) above.
3. Acknowledgement. The County and the Developer desire and intend to
enter into this Amendment No. 2 to engage design and civil engineering services to
enable the pre-development process to proceed timely, recognizing, however, that this
Agreement, as amended, and the performance of its terms and conditions and the
covenants and agreements shall not be interpreted or construed as establishing any
obligation or expectations on either the County or the Developer with respect to the
TCAAP Site, the Contract or the Purchase Agreement, except as expressly stated in this
Agreement.
4. Reference to and Effect on the Agreement.
(a) Upon the effectiveness of this Amendment No. 2, each reference in the
Agreement to the “Agreement,” “this Agreement,” “hereunder,” “hereof,” “herein” or
words of like import referring to the Agreement shall mean, and be a reference to the
Agreement as amended hereby.
(b) Except as specifically set forth herein, the Agreement remains in full force
and effect and is hereby ratified and confirmed.
(c) Wherever there exists a conflict between this Amendment No. 2 and the
Agreement, the provisions of this Amendment No. 2 shall control.
5. Governing Law. This Amendment No. 2 shall be governed by and
construed in accordance with the laws of the State of Minnesota.
6. Headings. Section headings in this Amendment No. 2 are included herein
for convenience of reference only and shall not constitute a part of this Amendment No.
2 for any other purpose.
4
7. Counterparts. This Amendment No. 2 may be executed in counterparts, all
of which, when taken together, shall constitute one and the same original.
5
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of
the date first written above.
ALATUS ARDEN HILLS LLC
By _____________________________
Its ______________________________
6
TCAAP JOINT DEVELOPMENT AUTHORITY
By _____________________________
Its Chair
By _____________________________
Its JDA Administrator
7
AGREED AND ACKNOWLEDGED:
COUNTY OF RAMSEY, MINNESOTA
By _____________________________
Its Deputy County Manager
01
02
03
04
05
06
33
32
0708
09
31
11
12
30
10
27
35
34
36
18
22
21
26
20
23
25
16
15
17
19
14
28
29
13
38
37
24
EXHIBIT A
MASS GRADING AREAS - DRAFT 2017.05.10
“WEST” VS “EAST”
“WEST” AREA
“EAST” AREA
Page 1 of 1
Joint Development Authority
TCAAP Redevelopment Project
DATE: April 27, 2017
TO: Joint Development Authority Board of Commissioners
FROM: Sara Thatcher, Goff Public
SUBJECT: Rice Creek Commons Communications
We continue to work closely with the City and Alatus’s communications teams. We jointly responded to
a request from the Star Tribune regarding affordable housing on the site. We are still awaiting the
publication of this story.
Over the past several months, we have received dozens of inquiries about residential housing through
the website and are working with Alatus to maintain a list of people who have expressed interest in
purchasing property at Rice Creek Commons.
AGENDA ITEM 9
MEMORANDUM