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HomeMy WebLinkAbout12-04-23 JDAJoint Development Authority Monday, December 4, 2023 Arden Hills City Council Chambers Minutes 5:30 pm Roll Call Joint Development Authority: Chair Jon Wicklund, Commissioner Nicole Frethem, Commissioner Victoria Reinhardt, Commissioner Tom Fabel, Commissioner Tena Monson Also present: Jessica Jagoe (Arden Hills); Ella Mitchell (Ramsey County), Jenny Boulton (Kennedy & Graven) Roll call taken. Approval of Agenda Motion by Commissioner Reinhardt seconded by Commissioner Monson to approve the agenda as presented. Motion carried. Approval of Minutes Motion by Commissioner Frethem seconded by Commissioner Monson to approve the September 27, 2023 JDA worksession meeting minutes, October 2, 2023 JDA meeting minutes, and November 6, 2023 JDA work session minutes as presented. Motion carried. Public Input Linda Swanson, 1124 Ingerson Road, read a statement to the JDA that said: "We want a transparent Council with a better mindset. A Council that listens and encourages public participation. A Council that reestablishes advisory committees that once included residents. A Council that welcomes resident initiative (chickens and food trucks), with timely consideration. A Council that responds to resident questions at its meeting. A council that broadcasts its monthly worksession and a Council that restores goodwill with residents, collaborating local government and the only local non-profit providing 15 neighborhood cities and three school districts services for youth and families". Lyle Salmela, 1480 Arden Vista Court, explained he would be giving testimony to the Planning Commission on Wednesday. He reported he provided staff with an article he found a week ago from Colorado regarding a public electric utility system. He recommended that the JDA wait until the development agreement is finalized and then initiate dialogue between Xcel and Alatus. Lynn Diaz, 1143 Ingerson Road, asked if it was necessary to put the increased density in only two areas of the development, versus this new housing being sprinkled throughout the development. She hoped that there would be a grocery store within walking distance from the proposed apartment buildings. She suggested an Aldi or other affordable option be considered. She encouraged the JDA to be ahead of the curve and to be a leader when it comes to the energy design for this project. Donna Wieman, 1406 Arden View Drive, stated at the November 1 community engagement meeting, the number of housing units presented was 1,960. Since then, both a Ramsey County Commissioner and Arden Hills City Councilmember has said this number could go up or down. She indicated it was extremely important for Arden Hills residents to know if this number was going to change. She asked that the JDA be honest and transparent with the public throughout the development of this project. She commented on how this project always envisioned commercial and industrial development in order to generate good paying jobs. She discussed how this has not been the focus of the JDA in 2023. She stated Mayor Grant brought this concern to a recent City Council meeting and it was her hope the JDA would take this into consideration. Tom Lemke, 5577 Shooter Road in Shoreview, explained his home was within 100 yards of the TCAAP development. He discussed how he would be impacted by this development noting he was concerned about how traffic would impact County Road I. He indicated he was in favor of the development, but recommended traffic not be pushed out onto County Road I. Consent Agenda None. Old Business None. Public Hearings None. New Business a. Communications Update Ms. Mitchell reviewed the Communication Memo that was provided to the JDA by Goff Public and noted she was available for questions or comments. There were no questions or comments from the JDA. b. Approve Preliminary Development Agreement with Alatus Jenny Boulton, Kennedy & Graven, explained she worked with Ramsey County and the City of Arden Hills to draft a new preliminary development agreement (PDA) with Alatus LLC, which gives them exclusive rights to the development of the Outlot C (also known as the California Parcel) through June 30, 2025. Bob Lux, CEO of Alatus, has signed the PDA and it is now brought to the JDA for review and approval. Commissioner Reinhardt thanked staff and JDA Attorney Boulton for all of their efforts on this agreement. Commissioner Frethem appreciated how this agreement puts everyone on the same page in order to move this project forward. Commissioner Monson asked if a second agreement would be drafted between the County and the developer. Ms. Mitchell explained there has been discussion of a professional services agreement. Commissioner Monson requested comment on what had been signed and what may be different within this agreement. Ms. Boulton reported the PDA was very similar to the previous PDA that was signed with Alatus. She noted the major difference was that this PDA relates only to Outlot C and the timing was different. Motion by Commissioner Frethem seconded by Commissioner Fabel to approve the Preliminary Development Agreement with Alatus for Outlot C. Motion carried. c. Approve Term Sheet with Alatus Ms. Boulton reviewed the proposed term sheet with Alatus in detail with the JDA. She discussed how the property would have to be conveyed from the County to Alatus through a separate purchase agreement. She commented further on the assumptions that were made within the term sheet and recommended approval. Commissioner Reinhardt asked what the timeline was on the term sheet. Ms. Boulton stated staff was requesting approval at a high level today. She reported there would be multiple iterations of the term sheet as more terms are negotiated over time, while working towards an agreement. She explained the goal would be to work out a pathway to fill the expected gap in financing by the end of the first quarter of 2024. She noted updates would be provided to the JDA as time goes on. Commissioner Reinhardt stated she appreciated the assertive timeline. Commissioner Fabel commented on how he had previously viewed this document in an earlier form at the JDA Advisory Committee meeting last Thursday and he was not optimistic that this document would be going before the JDA for approval tonight. He appreciated the fact that staff and the developer had been willing to compromise and agree to these terms. He appreciated the emphasis within the term sheet on commercial/industrial development and job creation. Commissioner Frethem thanked staff and the developer for their efforts on the Term Sheet. She commented on how the Term Sheet would inform the 2024 Road Map in a transparent manner in order to keep this project moving forward. Commissioner Monson believed it was important to identify the gaps in the project. She stated when this project was picked up in February a lot had changed since prior to the lawsuit. She discussed how costs would not be going down in the future and how she believed time was not in the JDA's favor. She commented on how 1,960 was a proposed number and explained this number would be assessed as the development moves forward. She indicated if data shows 1,960 was not going to work, the JDA would need to reevaluate the situation. She clarified for the record, 1,960 was set as the maximum density. Commissioner Fabel asked if the developer has agreed to the proposed Term Sheet. Ms. Bolton reported the developer has indicated, via email, that they are supportive of the Term Sheet. Chair Wicklund thanked staff and the JDA Attorney for their efforts on the Term Sheet. Commissioner Reinhardt recommended the Term Sheet state Rice Creek Commons Terms for Final Development Agreement as approved by the Joint Development Authority. Chair Wicklund requested staff make this change to the Term Sheet. Motion by Commissioner Frethem seconded by Commissioner Fabel to approve the Term Sheet with Alatus, with the title change as proposed by Commissioner Reinhardt and directing staff to continue moving forward with negotiations. Motion carried. d. Accept Report on November 1 Community Open House Ms. Mitchell stated Perkins & Will drafted a summary report on the November 1, 2023, community open house. The report includes a summary of the information provided at the event and summary of feedback themes. It also includes appendices with all feedback received both at and after the event through surveys and conversations. Staff commented further on the report and requested the JDA accept the five page document. Commissioner Frethem recommended a broader conversation be held and further information be provided to the public regarding the environmental concerns and remediation that has been done on this property. Commissioner Monson commented on how the City Council will have to consider how to access TCAAP via bicycle or for pedestrians in order to make the property easily accessible. Chair Wicklund recommended if themes were coming up a lot that an FAQ or information be placed on the Rice Creek Commons website. Motion by Commissioner Reinhardt seconded by Commissioner Monson to accept report on November 1 Community Open House. Motion carried. e. Review Road Map for 2024 Ms. Mitchell reviewed the Road Map with the JDA, noting the proposed 2024 JDA meetings had been outlined. Dates for the January and September meetings need to be determined as the normal dates fall on holidays. It was noted Chair Wicklund has conflicts for the April and July meetings. Chair Wicklund requested the JDA decide on a January meeting date. The JDA agreed to meet on Tuesday, January 2. Chair Wicklund asked that the JDA decide on a September worksession meeting date. The JDA agreed to meet on Tuesday, September 10. Commissioner Reinhardt recommended a standing agenda item be added to the agenda beginning in January regarding the development agreement. Commissioner Fabel suggested the dates within the Term Sheet be included in the Road Map. Commissioner Frethem recommended the traffic study be included in the road map, along with the remediation issue. She suggested a future worksession meeting address job creation. She recommended a representative from the school district also be invited to attend a future JDA meeting. Commissioner Monson asked that the Met Council make a presentation on transit. She recommended a presentation also be made on the clean energy initiatives for this development. Chair Wicklund supported a standing agenda item being added to future JDA agendas that addressed energy initiatives. f. Approve 2024 JDA Budget Ms. Mitchell stated a budget for the operations of the 2024 JDA has been proposed. It was noted a summary report of 2023 JDA spending would will be provided in January 2024. Staff discussed the 2024 JDA budget in further detail and requested approval. Commissioner Monson asked what the process was for the County once the JDA budget was approved. Ms. Mitchell believed the County Board would be taking a look back at 2023 at an upcoming meeting. She explained she could look further into the process the County would be following for the 2024 budget. Commissioner Monson stated she was concerned the proposed budget was too low. She indicated she was trying to find funding to assist with the proposed expenses. She explained she did not believe she could support the budget as proposed. Commissioner Frethem commented on how this budget covered the RFP's that were currently outstanding noting the 2024 budget could be amended if additional green energy RFP's were pursued. Chair Wicklund asked if it would be a challenge to modify the budget or overspending the budget knowing that expenses would be reimbursed down the road. Ms. Mitchell reported amending the budget would be a simple process. She explained if the JDA were to go over budget, amendments could be made. Commissioner Reinhardt discussed how the budget took into consideration the energy RFP but not operationalizing. She was of the opinion the JDA had to have the first report from the energy consultant before considering adjustments within the budget. Commissioner Frethem commented on how the proposed budget supported the work of the JDA, noting the JDA would continue to provide direction for the development that would then be flushed out through negotiations between staff and the developer. Commissioner Monson noted again for the record that she believed the budget numbers were low, but she could support the JDA being flexible going forward. Chair Wicklund recommended the 2025 budget be first reviewed by the JDA in October. In addition, he asked that the JDA be able to review a six month expense report next August. Motion by Commissioner Frethem seconded by Commissioner Monson to approve the 2024 JDA Budget. Motion carried. Administrative Director's Report Ms. Mitchell read a prepared statement from Director Collins. She stated the County was working on a purchase and sale agreement with the proposed developer for Outlot A. She explained the RFP has been released for the green energy consultant. She indicated the new traffic study should be released by the end of the month. Commissioner Monson asked how much interest the County has had in the green energy consultant. Ms. Mitchell stated the County had six or eight questions from multiple entities prior to the RFP being released. She understood that 25 entities have opened and looked at the RFP. Commissioner Monson recommended the development of Outlot A be added to the Road Map. Commissioner Fabel requested an update on the Primer Tracer property. Larina DeWalt provided the JDA with an update on this property. She noted this property was approved for industrial standards. She stated it was her understanding an access agreement would be required from the County because this property did not have access to County Road I. Development Director's Report Ms. Jagoe read a prepared statement from Director Perrault. She explained the Arden Hills Planning Commission would be meeting on Wednesday, December 6 where they would be reviewing TRC amendments, comprehensive plan amendments, and the rezoning of the neighborhood residential district. The recommendation from the Planning Commission will be brought to the Arden Hills City Council at their January 8 meeting. She noted the City included an insert in the November newsletter to make the public aware of this public hearing process. Commissioner Updates Commissioner Fabel thanked Director Perrault for all of his efforts on behalf of the JDA. Commissioner Frethem stated it was exciting to see the progress that was being made and she appreciated the fact that the City, County and developer were all on the same page. Commissioner Monson requested staff answer the questions that were asked during the Public Input portion of the meeting. Commissioner Monson noted the energy advisory committee would be meeting on Wednesday, December 6 at 3:00 p.m. where geothermal information will be discussed. Commissioner Monson explained the Arden Hills City Council would be further discussing the zoning for the retail mixed use, office mixed use and flex office space within Rice Creek Commons at a future worksession meeting. She indicated the Council would like to confirm these properties were still zoned properly. Commissioner Fabel appreciated the fact the JDA met the goal of having a Term Sheet in place by the end of the year. Adiournment Meeting adjourned at 6:46 pm. Approved J a�w�.._7 Jon Wicklund, Chair Z 4 /2 Date