1980 04 09
. .
Chanhassen Housing and Redevelopment Authority Meeting
April 9, 1981
e
Chairman Gullickson called the meeting to order at 7:30 p.m. with the
following members present: Commissioners Niemeyer, Whitehill, Gullickson,
and Bohn. Commissioner Russell was absent.
Downtown Redevelopment Project Status Report: Chairman Gullickson
asked staff to present a brief status report on the developer agreement
negotiations with Kraus Anderson and Bloomberg Companies, as well as
an update on the Instant Web purchase agreement negotiations.
Kraus Anderson Agreement: City Attorney, Craig Mertz presented a status
report on the Kraus Anderson (KA) agreement, and reviewed the contract
language revisions incorporated into the agreement since approved by the
HRA. He explained that KA presented an executed agreement to the City
Council on March 30, 1981, that satisfied all of the concerns of the
Council, except one. This exception involved the deletion of proposed
language that requires KA and Bloomberg to jointly maintain the courtyard.
KA refused to accept their share of this responsibility, so a similar
provision was also deleted from the Bloomberg agreement.
Bloomberg Agreement: The City Attorney explained that is is anticipated
that Bloomberg Companies (BC) will present an executed agreement to the
City Council on April 13, 1981. Revisions required of the Council back
in February, 1981, were reviewed and discussed.
~ A motion was made by Commissioner Whitehill and seconded by Commissioner
Bohn to recommend that the City Council accept the Development Incentive
clause (Section 3.7) included in the BC contract, as this language
represents the incentive originally negotiated by the HRA to encourage
the construction of a hotel within the project area. The HRA believes that
the benefits of having a hotel in the downtown area far outweighs
the maximum $273,000 financial consideration by the HRA. All voted
in favor and the motion carried.
Appointment of Executive Director: A motion was made by Commissioner
Niemeyer and seconded by Commissioner Whitehill to approve a resolution
appointing Scott Martin as Executive Director of the Chanhassen Housing
and Redevelopment Authority. All voted in favor and the motion carried.
Instant Web Purchase Agreement: Frank Beddor and Jules Smith of Instant
Web were present for the status report on the Instant Web (IW) negotiations.
Chairman Gullickson reviewed the history of the HRA's negotiations with
IW, and pointed out that the HRA has always intended to work with IW
towards the common goal of implementing the downtown redevelopment
project, recognizing that IW is the keystone to the entire project's
feasibility. He stated that there must be some way that a reasonable
compromise solution can be worked out between both parties. Condemnation
of IW's property would not solve the problem, since contractual
commitments with KA require that the IW property be delivered to them
by November 30, 1982, and financial feasibility for the IW AGquisition
e
~
e
Minutes - April 9, 1981 Page 2
Chanhassen Housing and Redevelopment Authority Meeting
is ~ased on IW's relocation back into the tax increment district (i.e.
Bus~ness Park). Commissioner Whitehill explained that the current issue of
charging IW rent while constructing their new building had been negotiated
by the HRA over the past few years. The HRA agreed to allow IWto continue
to occupy their existing building rent free, since IW had agreed to other
c9nc~ssions during negotiations; specifically, to build their new facility
w~th~ the tax increment financing district, and to waive any other develop-
ment incentives potentially available to others in the Business Park in the
future.
I .
I
A motion was made by Commissioner Whitehill and seconded by Commissioner
Bohn to strongly recommend that the City Council settle the IW purchase
agreement impasse by allowing IW to occupy the existing building following
acquisition b~, the City without any requirement for rent, as previously
negotiated by the HRA. Occupancy of said building shall terminate
no later than that date required by the City to deliver title to the
IW property to KA. If, due to circumstances beyond their control, IW
should continue to occupy the building beyond said date, then rent shall
be paidtQ the City for use of the building and premises. Also, IW
must waive any business incentive program which they might otherwise
be entitled to for development in the Business Park, as a condition for
rent free use of the building.
Councilman Clark Horn expressed concerns that a precedent for free use
of city acquired property would be established if IW was given this type
of consideration.
e
Commissioner Whitehill explained that this represented a negotiated
position that applied only to IW, since they had conceded other things
during negotiations.
All voted in favor and the motion carried.
Commissioner Whitehill asked Beddor if any other issues were still remaining
with their agreement. Beddor said that an agreement for the City to
provide necessary public improvements in Park One was still unresolved.
He agreed to accept a 20% assessment on Park One improvements, which
represented a compromise position from that presented to the City
at the March 30, 1981, City Council meeting, if the Council accepts
the HRA's recommendation for rent free use of the existing IW building.
Don Ashworth, City Manager, reviewed the City Council's action in
adopting the plan for a Park One Tax Increment and Economic Development
District.
Commissioner Gullickson moved that the HRA recommend acceptance of IW's
Park One Assessment proposal of 20%, since the development of this property
is consistent with the overall redevelopment project. The motion failed
due to the lack of a second.
Commissioner Whitehill felt that the Park One issue as far as establishing
city assessment policy is concerned is beyond the jurisdiction of the
HRA.
e
Commissioner Whitehill moved and Commissioner Niemeyer seconded a motion
to clarify the HRA's position relative to the IW Agreement. The waiver
Minutes
Chanhassen Housing and Redevelopment Authority Meeting
April 9, 19B1
Page 3
of rent for IW is not precedent-setting for other properties to be
acquired by the HRA, since the IW settlement involved considerations for
all relocation benefits to be paid IW. All voted in favor and the motion
carried.
e
Overlay District Report: Scott Martin explained that staff has been
working with BRW on the Overlay district report for the past six weeks,
and that authorization to exceed the previous consultant budget of
$4,000 was necessary to complete this project.
A motion was made by Commissioner Whitehill and seconded by Commissioner
Niemeyer, to authorize an additional $3,200 expenditure for completion
of the Overlay District report, with the condition that the City reimburse
the HRA for 50% of the cost of report preparation should the report be
adopted as a comprehensive revision to the City Zoning Ordinance. All
voted in favor and the motion carried.
Adjournment: The meeting was adjourned at 9:10 p.m.
Scott A. Martin
Executive Director
e
e
( \
(
RESIGNATION
--
OF
EXECUTIVE DIRECTOR
.~..
I hereby resign my appointment as executive director
_.
of the Chanhassen Houi:ring- and Redevelopment Authority effective
immediately upon the appointment of my successor to that position.
Dated:
April 9, 1981
i1JU
Donald W. Ashworth
tu
~
--
e