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HomeMy WebLinkAbout_03 13 2023 EDA Agenda Packet Phone 952.447.9800 / www.priorlakemn.gov 4646 Dakota Street SE Prior Lake, MN 55372 PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY AGENDA Monday, March 13, 2023 – 4:00 p.m. Parkview Community Room Reports included with this agenda can be found on the City of Prior Lake website at www.cityofpriorlake.com Please follow this file path: Agendas & Minutes / Economic Development Authority / 2023 / March 13, 2023 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MEETING MINUTES A. February 13, 2023 4. CONSENT AGENDA A. Monthly Development Update (02/28/2023) 5. REMOVED CONSENT AGENDA ITEMS 6. PRESENTATIONS A. None 7. OLD BUSINESS A. None 8. NEW BUSINESS A. Approve 2023 Prior Lake Community Artist Contract B. Dakota Street Redevelopment Updates i. Deed transferring ownership of north 100 ft. of Lots 2 and 3, City Hall Plaza from City to EDA ii. Redevelopment Schedule of Events iii. Status of TIF Development Agreement and Contract for Purchase iv. House Moving / Demolition 9. OTHER BUSINESS A. Staff Updates B. Commissioner Comments 10. ADJOURNMENT Phone 952.447.9800 / priorlakemn.gov 4646 Dakota Street SE Prior Lake, MN 55372 Economic Development Authority Meeting Minutes Monday, February 13, 2022 1. CALL TO ORDER Chair Prchal called the meeting to order at 4:56 p.m. In attendance were Prchal, Boucher-Hoese, Briggs, and Marco. Absent was Braid. Also present were CEC Liaison Speiker, Executive Director Wedel, staff Liaison McCabe, and Administrative Assistant Jess Erickson. 2. ELECTION OF OFFICERS The 2023 EDA officers of President, Vice-President, Treasurer, Secretary and Assistant Treasurer were discussed and elected by the EDA Commissioners. MOTION BY BRIGGS, SECONDED BY MARCO TO CONTINUE WITH THE 2022 ELECTED OFFICERS KIM PRCHAL AS PRESIDENT, MARIE BOUCHER-HOESE AS VICE PRESIDENT, CATHY ERICKSON AS TREAS- URER, JASON WEDEL AS SECRETARY, AND CASEY MCCABE AS ASSISTANT TREASURER. Ayes by Prchal, Briggs, Marco and Boucher-Hoese. The motion carried 4-0. 3. APPROVAL OF AGENDA MOTION BY BRIGGS, SECONDED BY BOUCHER-HOESE TO APPROVE THE AGENDA. Ayes by Prchal, Briggs, Marco and Boucher-Hoese. The motion carried 4-0. 4. APPROVAL OF MEETING MINUTES MOTION BY BRIGGS, SECONDED BY MARCO TO APPROVE THE DECEMBER 19, 2022, MEETING MINUTES. Ayes by Prchal, Briggs, Marco, and Boucher-Hoese. The motion carried 4-0. 5. CONSENT AGENDA A. Development Update (12/31/2022) MCCABE reviewed a summary of 2022 year-end residential and commercial development activity. B. Year-End EDA Revenue & Expenditure Report (12/31/2022) MCCABE reviewed 2022 year-end EDA Revenue and Expenditure Report with total EDA revenues of $396,056 and expenditures of $159,041. C. Monthly Development Update (01/13/2023) MCCABE reviewed the year to date residential and commercial development update as of 01/31/2023. EDA commissioners discussed future commercial development opportunities within the current city boundaries and within the Spring Lake Township orderly annexation area. Wedel discussed city staff’s efforts to work on a new orderly annexation agreement with Spring Lake Township and a recent land use plan amendment applica- tion Scott County received to consider re-guiding a parcel of land near the Highway 13 and County Highway 282 intersection, noting this area is included in the City’s comprehensive plan for a future industrial and commercial development. Wedel mentioned city staff has met with Scott County, CDA, and Spring Lake Township staff to review a grant program with a goal of completing a study to analyze extending sewer and water services to expedite commercial and industrial development in this area. Wedel, McCabe, and Briggs are planning to attend the March 13th County Planning Advisory Commission meet- ing regarding the land use plan amendment request that includes building corporate campus, nine industrial lots, and one commercial lot proposed to be developed on septic and wells. The applicant needs a comprehensive plan amendment to facilitate this land use and has made an application to the county. The City is going to speak against it as it’s not in alignment with the comprehensive plan, future annexation, and conflicts with an investment of approximately $10 million the city has invested to serve this area with public utilities. EDA members discussed huge economic implications for the county if this request was approved. MOTION BY BRIGGS, SECONDED BY BOUCHER-HOUSE TO APPROVE THE CONSENT AGENDA. Ayes by Prchal, Briggs, Marco, and Boucher-Hoese. The motion carried 4-0. 6. REMOVED CONSENT AGENDA ITEMS 7. PRESENTATIONS None 8. OLD BUSINESS None 9. NEW BUSINESS A. Downtown Land Use/Zoning Map Review (verbal report) MCCABE presented an Economic Development Downtown Property map which identified city-owned properties, zoning, and current non-conforming uses for EDA discussion about possible future property acquisitions. McCabe noted the EDA has approximately $385,000 identified in the 2023 budget for property acquisition and a cash reserve balance approximately $300,000. EDA members discussed properties they may potentially be interested in acquiring from willing sellers and di- rected staff to gauge potential interest from downtown property owners in selling their property. B. Fast-Track Challenge Sponsorship Opportunity MCCABE presented an agenda item to consider approval of a resolution approving sponsorship of the Scott County FAST-TRACK Challenge. The Scott County Center for Entrepreneurship sent a request to all Scott County communities seeking assistance to obtain sponsors and donations of cash and in-kind services to sup- port this year’s event. EDA commissioners discussed whether their contribution should again be used toward the marketing contract or other service, as opposed to a cash reward to the event winner(s). EDA commissioners support sponsorship in the amount of $1,000. MOTION BY MARCO, SECONDED BY BRIGGS TO APPROVING A RESOLUTION APPROVING A $1,000 SPONSORSHIP CONTRIBUTION. Ayes by Prchal, Briggs, Marco, and Boucher-Hoese. The motion carried 4-0. 10. OTHER BUSINESS A. Staff Updates i. Dakota Street Redevelopment MCCABE provided an update on the Dakota Street Redevelopment noting the developers have copies of the draft TIF Development Agreement and contract for the purchase of the property. Both agreements will be reviewed by their attorney and any comments will be discussed with the city’s legal representa- tives. The biggest obstacle at this point is determining the best way to remove the homes from the site. City staff has had conversations with individuals that would move the homes and repurpose; however, removing the homes before there is a signed TIF Development Agreement and assurance of a project could create potential issues. EDA members discussed the option of demolishing the homes may be easier and cleaner, but the purchase price would need to be renegotiated if that work is to be completed by the Developer. ii. Multi-Family Residential Development MCCABE provided an update for commissioners on the Preserve at Jeffers Pond and Rachel Vincent Apartment Buildings on Outlots B and C in the Jeffers Pond development that will both be market rate apartments. Rachel Vincent will be in front of the City Council for consideration of a Major PUD Amend- ment on February 22nd. Preserve at Jeffers Pond is anticipated to submit revised plans soon for a Minor PUD amendment and will be at Council for consideration in early spring. Both projects are expected to break ground in 2023. iii. Community Artist RFQ MCCABE shared that the Arts and Culture Committee (ACC) has received 13 submittals for the Prior Lake Community Artist RFQ. The ACC has created a review panel made up of members from the Community Engagement Committee and the ACC and they will be reviewing all submittals and plan to have a community artist chosen by the end of the month. B. Commissioner Comments None. ADJOURNMENT MOTION BY BRIGGS, SECOND BY BOUCHER-HOESE TO ADJOURN THE MEETING. Ayes by Prchal, Briggs, Marco, and Boucher-Hoese. The motion carried 4-0. The meeting adjourned at 5:08 p.m. Submitted by Jess Erickson 4646 Dakota Street SE Prior Lake, MN 55372 ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT MEETING DATE: March 13, 2023 AGENDA #: 4A PREPARED BY: Casey McCabe, Community Development Director AGENDA ITEM: Development Update DISCUSSION: Introduction The purpose of this agenda item is to review the year to date residential and commercial development update as of February 28, 2023. History EDA Commissioners requested an update of residential and commercial activity at each meeting. Conclusion The attached memorandum provides a summary of the residential and commer- cial development in the City of Prior Lake as of February 28, 2023. ALTERNATIVES: RECOMMENDED MOTION ATTACHMENT: 1. Motion and a second, under the consent agenda, to accept the development update. 2. Remove this item from the consent agenda for additional discussion. Alternative No. 1 1. Development Update Phone 952.447.9800 / www.priorlakemn.gov Memo Date: March 13, 2023 To: City of Prior Lake Economic Development Authority From: Casey McCabe, Community Development Director Subject: Residential & Commercial Activity Update Below is an update of the year-end residential and commercial development in the City of Prior Lake as of February 28, 2023. Single Family Dwellings 10 $4,557,556.00 21 $8,165,635.00 Townhouses (# units)0 $0.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 0 $0.00 0 $0.00 Residential 50 $467,151.28 74 $1,707,386.00 Industrial & Commercial 6 $48,000.00 3 $63,967.59 tMechanical 91 $0.00 132 $0.00 ttMechanical (SF & TH)40 $0.00 84 $0.00 TOTALS 197 $5,072,707.28 314 $9,936,988.59 t Mechanical permits include but are not limited to furnaces, water heaters, softeners, and fireplaces. They are flat-rate permit fees. tt Mechanical (SF & TH) permits include required plumbing, heating, sewer and water and fireplace permits for new single family residences They are flat-rate permit fees Additions and Alterations Number of Permits Declared Value -52.38% 100.00% #DIV/0! #DIV/0! -32.43% 100.00% Number of Permits Declared Value -37.26% 2022 Year to Date 2021 Year to Date New Residential -31.06% -52.38% Number of Permits % Increase / Decrease Increase/Decrease Declared Value % Increase / Decrease -44.19% 100.00% #DIV/0! -48.95% #DIV/0! -72.64% -24.96% n/a n/a 4646 Dakota Street SE Prior Lake, MN 55372 ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT MEETING DATE: March 13, 2023 AGENDA #: 8A PREPARED BY: Casey McCabe, Community Development Director AGENDA ITEM: Approve 2023 Prior Lake Community Artist Contract DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a resolution approving a contract for the 2023 Prior Lake Community Artist. the attached Prior Lake Community Artist request for qualifications (RFQ). Background In the fall of 2022, the Prior Lake Arts and Culture Committee prepared a request for qualifications (RFQ) to identify a Community Artist. The RFQ invited experi- enced public artists or teams to submit qualifications to become the Prior Lake Community Artist in 2023. This will entail engaging with Prior Lake stakeholders, getting to know the downtown Prior Lake area, developing a plan and recom- mended location(s) for a public artwork, and fabricating and installing public art- work(s). The goals of this program include: • Connecting the selected Artist to the Prior Lake community throughout the development and installation of the project, which will inform and in- spire the resulting public artwork and foster a feeling of ownership and pride to the community; and • Tap into the expertise and vision of the selected Artist, empower them to lead the way in identifying public art and locations that would suit and resonate with the community. The EDA approved the RFQ and authorized its distribution on December 19, 2022. Current Circumstances The Arts and Culture Committee distributed the RFQ on several platforms and received 13 submissions. The submissions were reviewed by a panel consisting of members of the Prior Lake EDA, the Arts and Culture Committee, and the Citizen Engagement Committee. The panel recommended Jacqui Rosenbush be selected as the 2023 Prior Lake Community Artist. The Arts and Culture Com- mittee reviewed the recommendation of the selection panel at their February 23rd meeting and recommended the EDA approve a contract with Jacqui Rosenbush for the 2023 Prior Lake Community Artist. Outcomes of the Prior Lake Community Artist program include the following: The selected Artist will… • develop a budget and plan detailing engagement and project develop- ment work. • spend time in Prior Lake and implement a plan to engage with the Prior Lake community. Engagement efforts can be integrated into the design 2 development process, artwork production or both. Artist will research and consider the local history of Prior Lake while developing project design. • provide a public artwork(s) design for review and approval. • identify preferred location(s) for proposed public artwork(s). The City will initially provide potential locations, and will review and approve Artist’s desired locations. • produce and install at least one piece of permanent public artwork in downtown Prior Lake, this may include one piece or multiple smaller- scale pieces. • agree to participate in promotional videos, materials, interviews, etc. to document and promote engagement efforts and/or public artwork(s). Conclusion The Arts and Culture Committee is recommending the EDA enter into a contract with Jacqui Rosenbush as the 2023 Prior Lake Community Artist. ALTERNATIVES: RECOMMENDED MOTION ATTACHMENT: 1. Motion and a second to approve the contract for the 2023 Prior Lake Com- munity Artist. 2. Provide direction to staff and the ACC and defer action on this item to a future meeting date. Alternative No. 1 1. Prior Lake Community Artist Contract Page 1 of 5 Standard Contract Short Prior Lake Community Artist This agreement (“Agreement”) dated the ____ day of ________________, 2023 is between the Prior Lake Economic Development Authority, ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Jacqui Rosenbush (“Contractor”), whose address is 2110 W. 105th Street, Bloomington, MN 55431. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the materials and services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. The Work shall be completed by December 31, 2023. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum not to exceed $15,000.00 as full and complete payment for the Work (“Contract Price”). 4. Method of Payment. City agrees to make payments to the Contractor as follows: ➢ 20% ($3,000.00) upon acceptance and execution of this Agreement; ➢ 20% ($3,000.00) upon finalization and approval of community engagement plan; ➢ 30% ($4,500.00) upon finalization and approval of final project design; and ➢ 30% ($4,500.00) upon satisfactory installation of the Project and final acceptance by the City. Contractor shall prepare and submit to City itemized invoices setting forth the work performed and the payments requested under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. No claim for services furnished by Contractor not specifically identified above or provided for in Exhibit A shall be honored by the City. 5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Page 2 of 5 7. Condition and Inspection. All materials furnished under this Agreement shall be new and in current manufacture, unless otherwise specified, and all materials shall be of good quality, free from faults and defects and in conformance with this Agreement. Materials that are defective or not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Insurance. A. General Liability. Contractor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Contractor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. B. Worker's Compensation. Contractor shall secure and maintain Workers’ Compensation Insurance in accordance with the statutory requirements of the State of Minnesota. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Contractor’s services under this Contract. 9. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 10. Termination. This Agreement may be terminated by either party by thirty days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for Work performed until the effective date of termination. 11. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 12. Assignment or Subcontract. Contractor shall not subcontract any part of the Work; nor may Contractor assign this Agreement, or any interest arising herein, without the prior written consent of the City. 13. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 14. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not Page 3 of 5 be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). 15. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 18. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 20. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 23. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 24. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Page 4 of 5 In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY By: Kimberly Prchal Its: President By: Jason Wedel Its: Executive Director CONTRACTOR By: Jacqui Rosenbush Page 5 of 5 Exhibit A Work Contractor will: ● Develop a budget and plan detailing engagement and project development work. ● Spend time in Prior Lake and implement a plan to engage with the Prior Lake community. Engagement efforts can be integrated into the design development process, artwork production or both. Contractor will research and consider the local history of Prior Lake while developing project design. ● Provide a public artwork(s) design for Arts and Culture Committee and City review and approval. ● Identify preferred location(s) for proposed public artwork(s). The City will initially provide potential locations and will review and approve Contractor’s desired locations. ● Produce and install at least one piece of permanent public artwork in downtown Prior Lake, this may include one piece or multiple smaller-scale pieces. ● Agree to participate in promotional videos, materials, interviews, etc. to document and promote engagement efforts and/or public artwork(s). Tentative Timeline: Develop engagement plan: March – April, 2023 Engagement, research, develop public art plan: April – June, 2023 Fabrication (if applicable): June – July, 2023 Installation of public artwork(s): August – September, 2023 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-02 EDA A RESOLUTION APPROVING A 2023 PRIOR LAKE COMMUNITY ARTIST CONTRACT WITH JACQUI ROSENBUSH Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Prior Lake Arts and Culture Committee (ACC) prepared a request for qualifications (RFQ) to identify a 2023 Prior Lake Community Artist; and the Prior Lake Economic Development Authority (EDA) approved the RFQ and authorized its distribution on December 19, 2022; and the RFQ was distributed on several platforms and 13 submissions were received; and the submissions were reviewed by a panel consisting of members of the EDA, the ACC, and the Citizen Engagement Committee; the panel recommended Jacqui Rosenbush be selected as the 2023 Prior Lake Community Artist; and the ACC reviewed the recommendation of the selection panel at their February 23, 2023 meeting and recommended the EDA approve a contract with Jacqui Rosenbush as the 2023 Prior Lake Community Artist. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The EDA President and Executive Director are authorized to execute the 2023 Prior Lake Community Artist contract with Jacqui Rosenbush. 3. Funds will be provided from the EDA Professional Services – General (240-46500.00- 53100.80) in the 2023 EDA budget. PASSED AND ADOPTED THIS 13th DAY OF MARCH 2023. VOTE Prchal Braid Briggs Boucher- Hoese Marco Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, Executive Director