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EDA Agenda 09-05-2006 . AGENDA MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Tuesday, September 5, 2006 - 4:00 p.m. City Hall- Academy Room Chair Bill Demeules, Vice Chair Barb Schwientek, Assistant Treasurer Ron Hoglund, Council members Wayne Mayer and Tom Perrault, Damn Lahr, and Susie Wojchouski. MEMBERS: 1. 2. 3. . 4. 5. 6. 7. . STAFF: Treasurer Rick Wolfsteller, Executive Director Ollie Koropchak, Recorder Angela Schumann. GUESTS: Mike Maher and Paul Cserpes, Karlsburger Foods, Inc. Call to Order. Roll Call. Consideration to approve the November 29,2005 and April 25, 2006 EDA minutes. Bills and Communications. Executive Director's Report. Committee Reports. Unfinished Businesses: A. Consideration to review the revised EDA Fund Balances. 8. New Business: A. Consideration to review loan application from Karlsburger Foods, Inc. B. Consideration to approve or deny approval of GMEF Loan No. 025 for Karlsburger Foods, Inc. and if applicable, call for a public hearing. 9. Adjournment. . . . ANNUAL MEETING MINUTES MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Tuesday, April 25, 2006 - 4:00 p.m. City Hall- Academy Room MEMBERS: Chair Bill Demeules, Vice Chair Barb Schwientek, Tom Perrault, and Susie Wojchouski. MEMBERS ABSENT: Ron Hoglund, Wayne Mayer, Darrin Lahr STAFF: Treasurer Rick W olfsteller, Executive Director Ollie Koropchak. Recorder Angela Schumann. 1. Call to Order. Chairman Demeules called the meeting to order at 4:06 PM. 2. Consideration to approve the November 29. 2005 and December 13. 2005 EDA minutes. The minutes of November 29th, 2005 are to be provided at an upcoming meeting. MOTION BY COMMISSIONER SCHWIENTEK TO APPROVE THE MINUTES OF DECEMBER 13, 2005. MOTION SECONDED BY COMMISSIONER PERRAULT. MOTION CARRIED, 4-0. 3. Consideration of adding or removing agenda items. NONE. 4. Consideration to elect 2006 EDA officers. Koropchak reported that at the last meeting, Perrault had noted that a clarification was needed for titles and position in order to be consistent with the bylaws. Koropchak reported that she had checked the bylaws. Currently, Ron Hoglund is listed as Assistant Secretary. The bylaws require an Assistant Treasurer. The correction has been made and the slate presented is correct. Tom Perrault asked if because Schumann would be a secretary as she is taking minutes. Koropchak stated that Schumann is recorder. MOTION BY COMMISSIONER WOJCHOUSKI TO ELECT THE FOLLOWING AS 2006 EDA OFFICERS. President, Bill DeMueles Vice President, Barb Schwientek Treasurer, Rick W olfsteller Assistant Treasurer, Ron Hoglund Secretary, Ollie Koropchak 1 . . . EDA Minutes - 04/25/06 MOTION SECONDED BY COMMISSIONER SCHWIENTEK. MOTION CARRIED, 4-0. 5. Consideration to review and accevt the vear-end EDA Financial Statements. Activity Revort. and proposed 2006 Budget. Koropchak noted that the EDA does not have a final interest income investment statement at this time, as the City has not closed out its books. As such, the statement included is a draft, which illustrates what is on record in loan fee and reimbursements. The EDA Statement of Revenues and Expenditures year-end fund balance is $1,641,476.74. Referencing the balance sheet, Koropchak noted that GWC and TJ Martin's balloon payments come due in 2006. The balance sheet indicates a cash balance of$861,281. Cash flow projections, as of December 2006, indicate a cash balance of$631,890. Looking at potential expenditures, Koropchak noted that Karlsburger Foods is looking to apply for a loan for machinery and equipment loan. There are also some other companies looking at Monticello that may apply for a loan. Schwientek asked if the liquor store was paid back, would there be enough funds to consider other projects. Koropchak indicated that it appeared that there would be, as the EDA had terminated the DMRF program and the revitalization plan for Block 35. Demeules asked if the money had to be used to pay down bond debt for the City. W olfsteller clarified that the EDA wouldn't be paying back anything but the original seed money. Demeules asked if at times when there is a higher balance, is the EDA able to transfer funding back to reduce debt. Wolfsteller stated that would be reasonable. Koropchak clarified within the EDA Guidelines it states that EDA reserve Liquor Funds must be transferred to the debt service funds of the city to be used solely to reduce tax levies for bonded indebtedness of the city. MOTION BY COMMISSIONER SCHWIENTEK TO APPROVE TRANSFERRING RESERVE LIQUOR FUNDS IN AN AMOUNT OF $80,891 FOR BONDED INDEBTEDNESS. MOTION SECONDED BY COMMISSIONER PERRAULT. MOTION CARRIED, 4-0. Remaining balance of the reserve Liquor Funds is $100,000 after transfer of the $80,891. WOJCHOUSKI MOTIONED TO ACCEPT THE DRAFT COPY OF THE 2005 YEAR-END FINANCIAL STATEMENT WITH THE ADJUSTMENT FOR THE LIQUOR FUND TRANSFER AND ACTIVITY REPORTS FOR SUBMISSION TO THE COUNCIL IN MAY. MOTION SECONDED BY SCHWIENTEK. 2 . . . EDA Minutes - 04/25/06 6. Consideration to review the summary vear-end balances of the GMEF. MIF. UDAG. and ERG Funds. Koropchak stated that all GMEF and MIF State and Federal loan payments are current, referring the commissioners to the individual loan reports provided with the agenda packet. Additional funds available for GMEF use are MIF State $27,983 and MIF Federal $331,307. Perrault referenced the SCERG report, asking how the EDA had paid more interest than they had on the Aroplax loan. Koropchak stated that she would check with the finance department. Koropchak stated that no action was required on those reports. 7. Consideration to review for amendment the Business Subsidv Criteria and Bvlaws of the EDA. Koropchak stated that the Business Subsidy Criteria was included as the EDA must annually review them for changes. The EDA recently amended the Criteria to include guidelines for use of federal dollars from the payback of the Twin City Die Cast loan. The Commissioners did not fmd any items meriting change. MOTION BY COMMISSIONER SCHWIENTEK TO ACCEPT THE BUSINESS SUBSIDY CRITERIA AS WRITTEN. MOTION SECONDED BY COMMISSIONER PERRAULT. MOTION CARRIED, 4-0. DeMueles stated that the order of business spelled out doesn't necessarily follow the agenda. Koropchak stated it would be easier to change the agenda, rather than bylaws. MOTION BY COMMISSIONER WOJCHOUSKI TO ACCEPT BYLAWS AS WRITTEN. MOTION SECONDED BY COMMISSIONER SCHWIENTEK. MOTION CARRIED, 4-0. 8. Executive Director's Report. Koropchak reported that Karlsburger Foods was approved by Council for establishment of a TIP District. They may apply for the machinery and equipment loan. They appear to be set to commence construction on June 1 ". They have not yet chosen a lender. Koropchak stated that Precision Teclmologies will be leasing from Brad Barger. They had inquired if they would be able to get a loan to customize their lease space. The EDA attorney stated that it is up to the EDA to decide on that item, as well as what type of security would be given. Demeules asked if it would fit criteria based on employment. Koropchak confirmed. Koropchak stated that the EDA wouldn't have a mortgage, rather personal and corporate gnarantees. 3 . . . EDA Minutes - 04/25/06 Koropchak also briefly reviewed HRA activities and marketing committees efforts for the industrial park. Koropchak stated that the fiber optics task force has hired a consultant to do feasibility study. Perrault asked what happened to VIPER. Koropchak stated that they were not able to get bank fmancing, so they were able to fmd a building to lease in Big Lake. 9. Other Business. NONE. 10. Adjournment. MOTION BY COMMISSIONER SCHWIENTEK TO ADJOURN, MOTION SECONDED BY PERRAULT. MOTION CARRIED, 4-0. MEETING ADJOURNED AT 4:50 P.M. RECORDERANGELASC~ 4 . . . EDA Agenda - 09/05/06 5. Economic Develovment Report: a. Leads: _ Karlsburger Foods, Inc. - Closing and conveyance of the land took place on August 14, 2006 and groundbreaking was held on August 23 at the site. Anticipated completion date February 27,2007. EDA has targeted September 5 to consider machinery & equipment loan. _ Custom manufacturer of die cut and thermo-formed components looking to expand - Lead from website. Verified zoning and business use are compatible with Grittman. Move-in 2007, will call week of August 25 on building size requirement, and I requested to visit existing site in NE Mpls. _ Medical Treatment Facility - 160,000 sq ft (2-story) facility. Forwarded from NAHRO via State.. City responded and forwarded to Chadwick and Pfeffer. Chadwick also responded. Their criteria could assist in shaping goals to achieve the Monticello Comp Plan Update if consistent with citizen and council direction. - Precision Technologies scheduled to move in September 7 and 8. _ Washburn Computer Group installing new roof on Clow Stamping building. They hope to confirm architectural plans on August 23 for submission for renovation to the building department. Goal is to move in late October. _ Out-state aluminum & glass company - was in Monticello August 23 and called from site signage. Original lead from County Partnership for glass company, 1-2 Zone. 60,000 sq ft building, 6-8 acres. 50-80 employees. National company expanding to MN. Verified zoning with Grittman, mailed application, covenants, and other info. They retumed to CO the same day. Followed up on August 29, received info. Liked Monticello, furthest site location outside metro, looking at Maple Grove and Ramsey, like the idea of ownership rather than lease, return to MN in September requested meeting with them. Steve Sussman, Postively MN, called August 28, he also had just talked to company. Steve's visiting Monticello site with me on September 11. b. BRE: _ Talking with existing businesses about needs and future plans. Also called Charlie Pfeffer to talk about plans after interchange opens. _ Attended Open House by TDS Telecom and 1-94 Interchange/Cty Rd 18 Ribbon cutting. _ Dahlheimer Tour - Thanks for attending. Photo booklet mailed to Greg along with a note of thanks. - Attended John Bondhus funeral on August 25. c. Marketing: Fliers mailed to about 50 precision manufacturers in metro area plus Graco Rogers and Minneapolis. Billboard up along 1-94 starting September. Committee requested $33,000 for budget year 2007, first request since 2001. _ Requested DEED to complete a Labor Market Profile for City of Monticello, Monticello and Big Lake Township comparing to Wright County and State. _ Inquired into cost for pull-out section in Minneapolis/St. Paul Business Journal similar to St. 1 . EDA Agenda - 09/05/06 . Cloud. o Been invited to participate in a roundtable discussion on the topic ofNW Corridor from Rogers, Albertville, and Monticello on industrial, office, and retail development on August 31. The results will be published in the September 29 Business Journal issue. _ In collaboration with WSB will market industrial park at Wright Couoty Partnership Golf outing September 7, Wild Marsh, Buffalo. d. A VR: The closing on the 53 acres between the city and Chadwick took place on August 23. Council will award the bids for grading the 53 acres on August 28. The Council will also approve plans and specs and authorize for bids for extension of Dalton A venue, Dalton Court, and Dalton Way (option) on the 28th. A VR and city have executed the agreement with closing anticipated for mid October. Infrastructure for access to 14-acre site completed by end of November. I've requested the covenants be approved and recorded on the 53 acres less A VR site. Simola is working on lighting along Chelsea West and Dalton Avenue. Forestation also part of plan. e. GMEF Loan 014 - T. J.Martin was paid-off in full in May 2006 GMEF Loan 019 - GWJ, LLC. A letter was mailed August 9, 2006 as a reminder of the balloon payment due September 1, 2006 in the amount of25,121.38. f. TCDC Federal payback - Total principal repaid $282,918.39 and approximately $89,000 in interest. Balloon payment due Juoe 1,2007. Original amouot $500,000. UMC State payback - Total principal repaid $32,458.89 and approximately $21,500 in interest. Balloon payment due April I, 2008. Original amouot $290,000. . 2 Se August 9, 2006 Mr. Patrick R. Jensen GWl, LLC 1335 Dundas Circle Monticello, MN 55362 RE: Greater Monticello Enterprise Fund (GMEF) Loan No. 019 Dear Pat: This is a reminder letter that the balloon payment for GMEF Loan No. 019 between GWl, LLC and the Monticello Economic Development Authority (EDA) becomes due and payable on September 1, 2006. . According to the Loan Agreement, principal and interest payments commenced on October 1,2001, principal and interest payments were amortized over 20 years, and the entire remaining unpaid balance of principal and interest are due and payable on the first day of the sixtieth month following the initial payment date. The remaining balance due and payable on September 1,2006, is $25,121.38 ($25,022.33 principal and $99.05 interest). Daily interest will accrual for each day after September 1, 2006. The Monticello Economic Development Authority appreciates the opportunity to have served GWl, LLC with their financial needs and we would welcome suggestions to improve our program. Respectfully yours, MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY D~ \<0\ ~~_:> Ollie Koropchak Executive Director c:File V . l.\(W,t~'i(J~\\HtrtJ1fJ111~(5M~lillht,,~:;t(~ef!~~'ftJ 'l~WtI,%fJ~'hd~~.' '~S,~-1j;~3! '7{'M~'2ir~-Wl! t'!l\,Fhfu~'2ir51f){b4 og!ffi:&bfl9?,~llW&'ks~~'Il<geIJl~e'b'ilFsHd '~\mI/'WJ~'hri\\VI~s,~~ '70fut'2irs-hlp,.~ t'P'dF{'M,7hfPoTn . . . EDA Agenda - 09/05/06 7. Unfmished Business: A. Consideration to review revised EDA Fund Balance. A. Reference and backl!round. At the annual meeting of the EDA in April, the EDA Financial Reports presented were a draft copy as the investment interest income for 2005 was not available. Therefore, the final draft is presented for the commissioners review. The cash balance was adjusted or reduced by approximately $180,000. As you recall, the format for the EDA's Balance Sheet and Statement of Revenues and Expenditures was developed by a previous EDA commissioner and accountant using an "appropriation" line item for Liquor and grant funds. After the accountant resigned as a commissioner and the Liquor and grant funds were recycled GMEF dollars, it was unclear how to handle the "appropriation". As the EDA Executive Director, it was and is my goal to make sure the EDA Annual Reports are consistent with the Finance Department reports and the City's Audit Report. Requesting the assistance of Paula Mastey, Finance Department, and receiving copies of the previous years Financial Reports, it became apparent there were inconsistencies. Attached is the revised 2005 EDA reports with the adjusted cash balance of $679,480.54 and revised Cash Flow Proj ections. The inconsistencies were due to inaccurate reporting of a couple appropriations, reporting estimated investment interest income, and inconsistent beginning and ending year-end balances. This was a combination of finance and EDA inaccuracies. The important outcome is the all three reports are now consistent. . MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT STATEMENT OF REVENUES AND EXPENDITURES FOR THE YEAR ENDED DECEMBER 31, 2005 - REVISED REVENUES: Interest Income - Noles $ 15,504.37 Investmenllnterest Income $ 19,276.19 Loan Fees Revenue $ 200.00 Reimbursable Fees Revenue $ 1,262.50 TOTAL REVENUES: $ 36,243.06 EXPENDITURES: Legal Fees $ 1,412.00 Professional Fees $ Service Fees $ Misc I Reimbursable Fees Revenue $ 257.77 TOTAL EXPENDITURES: $ 1,669.77 EXCESS OF REVENUES OVER EXPENDITURES: $ 34,573.29 . FUND BALANCE - Beginning of Year: $ 1,425,102.24 FUND BALANCE - End of Year: $ 1,459,675.53 . . . . MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT BALANCE SHEET DECEMBER 31, 2005 . REVISED ASSETS Cash in Bank $ 679,480.54 Notes Receivable - T J Martin Notes Receivable - GWJ, LLC Notes Receivable - VisiCom Notes Receivable - UMC Notes Receivable - Tapper's 3 Notes Receivable - WSI Notes Receivable - Tapper's 4 $ 2,697.38 $ 25,767.75 $ $ 177,891.20 $ 41,777.22 $ 332,638.03 $ 199,423.41 TOTAL ASSETS: FUND EQUITY Fund Balance Reserved for Economic Development Participation Loans $ 1,459,675.53 TOTAL LIABILITIES AND FUND EQUITY: $ 1,459,675.53 $ 1,459,675.53 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) . REVISED 2006 CASH FLOW PROJECTION BEGINNING CASH BALANCE, January 2006 RECEIPTS Appropriations, Expected - MIF Fed or State Notes Amortization Payments - Tapper Inc. Muller Theater SMM, Inc. Aroplax Corp. Custom Canopy, Inc. Standard Iron Vector Tool Tapper's II SELUEMED T.J. Martin ($547.60 Mo.) 6-06 Mainline Distrib. Aroplax Corp. II TCDC IRTI . EDMA ($193.89 Mo.) 9-06 VisiCom UMC ( $1 , 084 . 33 Mo.) 3 - 08 Tapper 111($524.76 Mo.} 5-08 WSI ($1,483.49 Mo) 6-09 Tapper Holdings ($1,417 Mo.) 7-10 Interest Income - Investment (est.) Loan Fees Loan Fees Other Miscellaneous TOTAL RECEIPTS TOTAL BEGINNING BALANCE AND RECEIPTS EXPENDITURES GMEF Loans - Karlsburger Other Re-payment to Liquor Fund 2006 Liquor Fund Balance Legal Fees Miscellaneous . TOTAL EXPENDITURES EXPECTED CASH BALANCE, December 2006 $ 100,000.00 $ 100,000.00 $ 80,891.00 $ 100,000.00 $ 3,000.00 $ 1.000.00 $ 679,480.54 $ 384.891.00 $ 412,474.82 . . . EDA Agenda - 09/05/06 8. New Business: A. Consideration to review the nreliminarv GMEF Loan annlication from Karlsburl!:er Foods. Inc. A. Reference and Backl!:round: GMEF Loan Application: See Attachment A. Request is for a machinery & equipment loan. Project Surnmary: Karlsburger Foods, Inc. is a Minnesota corporation with Mike Maher as chief executive officer. SL Real Estate Holdings LLC dba Karlsburger Foods, Inc. began construction of a 20,000 sq ft office and production facility in the Monticello Business Center on August 15, 2006. In addition to the real estate, the company plans to invest in $315,250 of machinery & equipment. See Attachment B. Karlsburger Foods, Inc. was established in 1965 as a family business in Dayton, MN. If the amount of the approved Business Subsidy by a local government entity exceeds $100,000, a public hearing is necessary and the Loan Agreement Business Subsidy Agreement is available for review. The EDA should review the preliminary application for compliance with the EDA-GMEF Business Subsidy Criteria. ESTIMATED PROJECT COST: Uses Construction Land M&E TOTAL USES $1,939,510 $ 245,182 $ 315,250 $2,499,942 I . . . EDA Agenda - 09/05/06 Sources Construction Lender 1" mortgage Lender 2nd mortgage Line-of-credit Subtotal Land Equity TIF Subtotal Machinery & Equipment Lender (Min 60% $189,150)$ 210,750 GMEF (Max 30%) $ 95,000 Equity (Min 10% EDA) $ 9,500 Subtotal TOTAL SOURCES $1,070,000 $ 818,649 $ 100,000 $1,988,649 $ 101,434 $ 143,748 $ 245,182 $ 315,250 $2,549,081 Criteria: 30% ofM&E $95,000. 30% of project costs $750,000 GREATER MONTICELLO ENTERPRISE FUND GUIDELINES PUBLIC PURPOSE CRITERIA: Must comply with four or more of the criteria listed below, criteria #1 being mandatory. 1. Job Goal: 20 full-time jobs to the City of Monticello within two years ofthe benefit date. Wage Goal: At least 90% of the new jobs must pay a wage of the higher of$9.00 per hour, or at least 160% of the federal minimum wage, exclusive of benefits, for individuals over the age of 20 during the term of the assistance. See Attachment C. Annual reports are required until termination date. Failure to meet job and wage goals require partial or full payment of the assistance plus interest. 2. Increases the community tax base: Annual $31,683 Total Annual $21,232 Local Annual EMV $1,000,000 at least. 2 . . . EDA Agenda - 09/05/06 3. Factors: To assist a new industrial business to expand their operation. Other factors for consideration but not limited to: Nature of business (office/production), present availability of product or service (none), potential adverse environmental effect (acceptable food processing), and compatibility to the comprehensive plan, covenants, and zoning policy (yes, I-IA and Otter Creek covenants) 4. Used as a secondary source to supplement conventional financing. The GMEF is a secondary source of financing for machinery & equipment. 5. Used as gap financing:Used to encourage growth and job creation in Monticello. 6. U sed to assist other funds: Primary conventional lender for real estate development.. Land reduction and trunk fees - TIF GREATER MONTICELLO ENTERPRISE FUND POLICIES I. BUSINESS ELIGIBILITY Industrial business: Yes. Located within city limits: Yes, Zoned I-IA Credit worthy existing business: Letter of Commitment for construction and permanent financing, First Federal Savings Bank, Baxter, MN. $10,000 loan per each job created. $10,000 X 20 = $200,000. Or $5,000 per every $20,000 increase in property market valuation or increase in personal property, whichever is higher = $250,000 and $78,812.50, respectively. II. FINANCING METHOD: Companion Direct Loan: All such loans may be subordinated to the primary lender if requested by the primary lender. The GMEF is leveraged and the lower interest rate of the GMEF lowers the effective interest rate on the entire project. 3 . . . EDA Agenda - 09/05/06 Criteria: The GMEF takes a second position behind the lender. III. USES OF PROCEEDS: Machinery and equipment IV. TERMS AND CONDITIONS: Loan Size: Maximum not to exceed 50% of the remaining revolving loan fund balance. Cash balance as of December 2005 $679,480.54 Criteria: $339,740 w/o amount earmarked for return of Liquor Funds in 2006. Leveraging: Minimum 60% private/public non-GMEF Maximum 30% public (GMEF) Minimum 10% equity of ED A loan See Uses and Sources above. Loan Term: Personal property term not to exceed life of equipment (generally 5-7 years.) Interest Rate: Fixed rate not less than 2% below Minneapolis prime rate. Prime rate per National Bank of Minneapolis on date of ED A loan approval. Prime rate September 5, 2006 r;, .1-~ . September 5, 2006: Loan Fee: Minimum fee of $200 but not to exceed 1.5% of the total loan project. Paid by applicant to the EDA within five working days after City Council approval of GMEF loan. Non-refundable. Loan fee may be incorporated into project costs. EDA retains the right to reduce or waive loan fee or portion of loan fee. Options: Minimum fee of $200 or not to exceed 1.5% of GMEF loan, due and payable not later than September 29, 2006. Prepayment Policy: No penalty for prepayment. Deferral of Payments: 1. Approval of the EDA membership by majority vote. 2. Extend the balloon ifunable to refinance, verification letter from two lending institutions subject to Board approval. 4 . EDA Agenda - 09/05/06 Late Payment Policy: Failure to pay principal or interest when due may result in the loan being immediately called. Interest limitation on guaranteed loan~ot applicable. Assumability ofloan: None. Business equity requirements:Subject to type ofloan; Board of Directors will determine case by case, analysis under normal lending guidelines. Collateral: Personal and/or corporate guarantees (requires unlimited personal guarantees) as per the GMEF attorney. Machinery & equipment liens (except equipment exempt from bankruptcy.) Non-performance: An approved GMEF loan shall be null and void if funds are not drawn upon or disbursed within 180 days from date of ED A approval. . September 5, 2006 EDA approval-loan becomes null and void March 5, 2007. Non-performance extension: Not applicable. Legal Fees: Responsibility of the GMEF applicant. B. Recommendation: Recommendation is to review this information prior to the EDA meeting for discussion and potential questions. Mike Maher and Paul Cserpes will be at the EDA meeting. Consideration to approve or deny GMEF Loan No. 025 and/or call for a public hearing date is the next agenda item. C. SUDDortinl! Data: Preliminary GMEF application, job and wage-level goals, list of machinery & Equipment and Articles of Incorporation. . 5 DEVELOPMENT SERVICES Economic Development Director Phone: Fax: Email: (763) 271-3208 (763) 295-4404 ollie. koroochak@ci.montieello.nm.lis MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA GREATER MONTICELLO ENTERPRISE FUND - PRELIMINARY APPLICATION FOR!\1 APPLICANT: KARLSBURGER FOODS, INC. 1'41;0 Fembrook lane Dayton, MN 55327 Sl ~\ bh\..-k [-kId.,;." I FIRM OR TRADE NAME: BUSINESS ADDRESS: CITY/STATE: ZIP CODE: . TELEPHONE:(BUS) '7 (,,"3 4 L I DATE ESTABLISHED: 19(.,$" S-'i"il (HOME) 7b 3 '177 79''1) SOLE PROPRIETOR 1z./30l".;- EMPLOYERlD# Lj 1- 010 - /1'11? -X- CORPORATION PARTNERSHIP LLC MANAGEMENT NAME D~tJ'''f I (YlAHe)\ A"L C.., t' R-Pi 5 I i.,A r/l-'l t., TITLE rn: s, W Ui,nW, oPfA~-hdvl-; V, v. SflJe S OWNERSHIP % Zo </0 40 PROJECT LOCATION: 'fJ NEW LOCATION TOTAL PROJECT COST ESTIMATE: $ 2 FICJ OOC) I / EXISTING BUSINESS . Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-883 J . (763) 295-2711 . Fax (763) 295-4404 Office of Public Works, 909 Golf Course Rd.. ~Ionticello, MN 55362 . (763) 295-3170 . Fax (763) 271-3272 . . . GMEF Preliminary Application Form Page 2 PROPOSED USES: REOUESTED: LAND EXISTING BUILDING CONSTRUCTION MACHINERY CAPITAL WORKING CAPITAL OTHER TOTAL USES: $ X. AMOUNT OF LOAN $ MATURITY & TERMS REQUESTED APPLICANT'S EQUITY LOAN PURPOSE fiJl\rJ..,.d<1 x $ PROPOSED BEGINNING DATE: <g-llrOc, ESTIMATED COMPLETION DATE: 2.-27-07 TITLE TO PROJECT ASSETS TO BE HELD BY: ~ OPERATING ENTITY ALTER EGO PARTICIPATING LENDER: (Name) (Address) L-> (Telephone #) (Contact Person) PRESENT # OF FT EMPLOYEES 15 (See Attached) PROJECTED # OF FT EMPLOYEES (within 2 years) Z 1.. PROJECTED A VERAGE WAGE PER HOUR: I 7, .5 {) 1="" r 7 A./!W ~JfI1f'/P,/E6 5 ADDITIONAL PROJECT INFORMATION: &.-\-U-t C."'\P"4 ;, t2> JD c.wh'ufr FI?<'1'W\ !-IV""" f""'" Co,,,, ~ -!o UP';, ),,1- ~v,.l-y. APPLICANT SIGNATURE: M:-J.J 4llilL ^ I DATE SIGNED: ~ - 7- 0'" - GMEFPreliminaryappl.form ,- --;',;, S ' "<" , {, 1J'~"'i.<:;~!r;:~~"" fOn.,.,'" !'!!' n.J~.l ",",,~.u.~__rl .......J!IJ. ..~, 12450 Fernbrook Lane Dayton, MN 55327 DEVELOPMENT SERVICES Phone: (763) 271*320& Fax: (763) 195-4404 Ema i 1- ollie. koroochakrQ")ci. moo ticetlo. mn. us Economic Development Director MONTICELLO CITY OF MONTICELLO, MINNESOTA II JOB AND WAGE LEVEL - EXISTING JOBS II Please indicate number of current permanent employees at each level and indicate the corresponding benefit level. Number of.lob5 Hourlv Wage Level Hourlv Value of Vol un tar v Benefits (S) Full-time Part-time (Excl. benelits) .-- Less than $7.00 $7.00 to $7.99 $8.00 to $9.99 $10.00 to $] 1.99 $12.00 to $13.99 $14.00 to $ I 5.99 ~\J...CO $16.00to$17.99 $18.00to$19.99 .3 520.00 to $21.99 \ ':,\ , t; l.{ e, S,-\q , , '), 0 /2- \~ $22.00 and higher JOBS \VACEFX fS-rINGFORNl ~ I I 3v 0 ~ ?-\ ' ~ ~ S ~o c<.(-' lJUif-- . ~tonticello City Ha!l, 50j \\'alnu[ Street, Sui[e l. Monticello, MN 55361-8831. (763) 295-2711. Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (763) 295-3170 . Fax: (763) 271-3272 KARLSBURGER FOODS, INC. 12450 Fernbrook Lane Dayton, MN 55327 DEVELOPMENT SERVICES f)hone: (763) 271-3208 Fax (763) 295-44U4 Emat I 011 ie. kOfODchakr'mci, roo nticc 110 .mn. us Economic De\elopment Director MONTICELLO CITY OF MONTICELLO, MINNESOTA II JOB AND \VAGE LEVEL GOALS - NEW JOBS II Please indicate number of additional employees at each level and indicate the corresponding benefit level. Number of new permanent jobs anticipated to be created over the first two years of relocation or expansion. .I ob Creation Hourlv Wage Level Hourlv Value of Vol un tar v Benefits (S\ Full-time Par1-time ((::xcl. benefits) .---- Less than $7.00 $7.00 to $7.99 $8.00 to $9.99 $]0.00 to $11.99 $12.00 to $13.99 :2. $14.00toSI5.99 lad. '-\00 $16.00to$17.99 $18.00 to $19.99 ;;z. $20.00 to $2] .99 't l1. \ "J li 0 ~ $22.00 and higher 1l.\1/'lbC It \<G.CO f\ h<"'x,,",Q \;~c..\.f-' 0- -- y eB\VAGESNE\V FOR.V! Monticello City Hall, 505 Walnut Street, Suite!, Monticello, MN 55362-8831 . (763) 295-2711 . Fax: (763) 295A404 Office of Public Works, 909 Golf Course Rd., Monticello, ~'{N 55362 . 063.1 295~3170. Fax: (763) 271-3272 . . to) ..51;) u;::i "Co ~ (1) o c: tI::c (1) to) C)C'O ~:E .0 ~ .!!1 (1) iz ~ . <II CJ ';: C. >< o ~ Q. Q. < 00000 00000 00000 00001.{) OOOON f'-.e0cOCOC"l co..... N 0 ..... 000 C::C::O 00 ci 00 In OON 00 .n '<:tCO.... M fFTfFTfFTfFTfFTfFTfFT~ s:: o :;::; Q. ';: CJ III <II C iij ... a.. 0 J: I- o C"l .... o o LL C CJ.Q :c C1l ::l(!) 00 I.{) I.{) '<:t..... <II "C o ~ N 'N o I N O'lN f'-. I.{)..... COO.....O'l[(l (/)C"l <II <II <II 0 "C "0 ..... a..Z.O O:::t::: J:(/)~~(/) E <II ::: .... <II .... ii:<II ~ Cii: :i: o CJ iil a. C1l <II a:: O::l .... 0:: ~<II ~~~~gj C1l00 EJ:...J ..c.... Q;C1lCC"O~<II ~~~~~~S .... <II ~ ::l ... CJ .l!! ::l s:: III ~ >- >- Ol Ol o 0 o 0 C C ..... ..c..c C CJ CJ <II <11<11 E 1-1- a. t) t) CJ) "S "i:: "i:: a. 'J QjQjC1lllJ EE:::t::::::t:::.... ::l ::l <II <II o 0 :J eel "0 >>(/)<([(l C o ";:: <II C1l <II ~...J co o o r::! (]) Ci5 i ~ I ,""" .()> l " ~!L /1' arn All in Bhnm ilrhrse 'resents Shall QLnme, l1)tttting: Bhtrtas, Articles of Incorporation, duly signed and acknowledged under oath, have been filed for record in the office of the Secretary of State, on the -30th-- day of Decemhsl" , A. D. 19~ for the incorporation of Karlsburger Foods, Inc. under and in accordance with the provisions of the Minnesota Business Corporation Act, Minnesota Statutes, Chapter 301 i N 11ID, mhertfnrt, I, Joseph L. DonoY/In,Secretary of State of the State of Minnesota, by virtue of the powers and duties vested in me by law, do hereby certify that the said Karlsburger Foods, Inc. is a legally organized Corporation under the laws of this State. Witness my official signature hereunto sub- scribed and the Great Seal of the State of Minnesota hereunto affixed this -.tbirtleth-- day of December in the year of our Lord sixty-five. 08/30/2006 10:55 HENNINGSoN & SNoXELL, LTD. 7 92954404 NO. 626 Q002 ~;~ Ibl '--) 1 " "'r. '-. )~....,' .~.J AMENDMENT Of ARTICLES Of INCORPORA nON 'J OF KARLSBURGER FOODS, INC The following Amendment of the Articles oflncorporation being a full and complete restatement of the Articles ofrncorporation of Karlsburger Foods, Inc., were adopted: ARTICLES OF INCORPORATION OF '" ,,' ."' .;...._.~,...-... ~ KARLSBURGERFOODS,INC The undersigned, of full age, for the purpose of forming a Corporation under and pursuant to the provisions of Chapter 302A, Minnesota Statutes, and laws amendatory thereof and supplementary thereto, hereby creates a body corporate and adopts the following Articles of Incorporation: . -, J ARTICLE 1 NAME The name ofthe Corporation is: KARLSBURGER fOODS, INC. ARTICLE 2 REGISTERED OFFICE The address of the registered office of the Corporation is: 12131 North Fernbrook Lane, Dayton, Minnesota 55327. o. '~.":." ..0_- ....'_.....-..-,. -, .;:""':...-......"..... '-~' -:'" ",-.,.:,~.;', ..ARTICLE 3 PURPOSES AND TERM The Corporation shall have general business purposes, and shall have perpetual existence. ARTI.CLE 4 SHARES The shares of capital stock of the Corporation shall be subject to the following: --. U The Corporation is authorized to issue one million (1,000,000) shares of no par value capital stock, to be held, sold, and paid for at such ~ r,..,.,4'""'"'Ir-........... 138/3<1/28136 10:55 HENNINGSON & SNOXELL, LTD. ~ 929544134 NO. 626 Gl13133 ~ ',jlf . v times and in such manner as the Board of Directors may from time to time determine. in accordance with the laws ofthe State ofMinnesota. Unless othelWise established by the Board of Directors, all shares of the corporation are common shares entitled to vote and shall be of one class and one series having equal rights and preferences in all matters. Unless otherwise provided in these Articles, or Bylaws of the Corporation, or in the terms of the shares, a common shareholder has one (1) vote for each share hel d, The Board of Directors shall have the power to establish more than one class or series of shares and to fix the relative rights and preferences of any such different classes or series. ,,~~'~/:~"._"'--"7:'~';';:',." .,. '", ,-, ~., . '.... - "-'.-. ~";.~~.,:,,,:,,:,,, .:.-.::.:'~' - "H, ...~'..: ~ The shareholders of the Corporation shall not have preemptive rights, unless with respect to some or all of the authorized and unissued shares, the Board of Directors grants preemptive rights. Cumulative voting for directors is permitted. . o Notwithstanding the powers granted to the Board of Directors expressed above or otherwise provided by law, at anytime following tbe filing of an election to be treated as an S corporation under the Internal Revenue Code, as amended from time to time, and prior to the revocation or temlination of S corporation status, in order to preserve said election, the Board of Directors are not authorized to issue shares to any person or take any other action that would result in the termination of the S election without the prior express written consent of the holders of a majority of the voting power of the shares entitled to vote. Any such action taken without such consent shall be null and void and shall not affect the beneficial ownership of the shares. :', ....,,'.,.-.- ..',.'~ '- ..... ~' ".--. -~ - . .P..:...,:-.- . ARTICLES INCORPORATOR The name and address of the person acting as incorporator of this Corporation is as follows: Frank R. Cserpes 1213\ North Fembrook Lane Dayton, MN 55327 t MffiNDMENT TO ARTICLES OF INCORPORATION Page 2 08/30/2006 10:55 HENNINGSON & SNOXELL, LTD. 7 92954404 NO.626 Gl004 . 'V -... ~..r.: .... ~)Jl.'{ ARTICLE 6 DIRECTORS' ACTION Any action, other than an action requiring shareholder approval, may be taken by written action signed by the number of directors that would be required to take the action at a meeting at which all directors were present. ARTICLE 7 DIRECTORS' LIABILITY A director of the Corporation shall not be personally liable to the Corporation or its shareholders for monetary damages for breach offiduciary duty as a director; provided, however, that this Article 7 shall not eliminate or limit the liability of a director to the extent provided by applicable """"'o'h /;,,,;e',:;)eW:'.{i),.{Q.IHIRj' .breach.ofthe .director's duty of loyalty to the Corporati~~it""shal'eh(}/der-s;{4f<ijt~,.::.:.~.k.,..."".".:-:. acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law, (iii) under Sections 302A.559 or 80A.23 of the Minnesota Statutes, (iv) for any transaction from which the director derived an improper personal benefit, or (v) liability for any act or omission occurring prior to the effective date of this Article 7. If Minnesota Statutes Chapter 302A is hereafter amended to authorize the further elimination or limitation ofthe liability of directors, then the liability of a director ofthe Corporation in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by the amended Minnesota Statutes Chapter 302A. Any repeal or modification of this Article 7 by the shareholders of the Corporation shall be prospective only and shall not adversely affect any limitation on the personal liability of the Corporation eJcisting at the time of such repeal or modification. . U ~ ARTICLE 8 AMENDMENT OF ARTICLES The shareholder vote required for adoption of an amendment to these Articles of Incorporation shall be the affinnative vote orthe holders ora majority ofthe voting power of the shares present and entitled to vote at a shareholder's meeting. ," .~,' , - -'--~"-',-,." .,., - '- -'-. 'ARTlCLE 9 FUNDAMENTAL CHANGES In any of the following types of actions or transactions with respect to which the law requires a vote of the outstanding shares of the corporation, the affinnative vote of a majority of the shares entitled to vote shall be sufficient to authorize the action or transaction: (I) A merger with any other corporation or corporations; (2) An exchange of one or more classes or series of the shares of the Corporation for the shares of one or more classes or series of one or more other Corporations; AMENDMENT TO ARTICLES OF INCORPORATION Page:3 08/30/2006 10:55 HENNINGSoN & SNoXELL, LTD. ~ 92954404 NO. 626 Gl005 - T \J . ( ,:I~ ,'i.... : ).,j.-",,' .' (3) The sale, lease, transfer, or other disposition of all, or substantially all, of the Corporation's property and assets, including its goodwill, not in the usual and regular course of business; (4) The voluntary dissolution of the Corporation, IN WITNESS WHEREOF, 1 have subscribed my name this tY)A If ,195L. 13 day of This amendment has been approved pursuant to Minnesota Statutes Chapter 302A or 317 A I certify that I am authorized to execute this amendment and I further certify that I understand that by signing this amendment, I am subject to the penalties of perjury as set forth in section 609.48 as if! had signed this amendment under oath. I ,....1 I .r.:~~8:t~~;:';I""'"O".:r:~'t~~"--. ._-'-'_.~ .,.~_..--_~ ...:.....- .....:..-. .---~.._-_..-....:-....::..-~:;~;.~..:;..,... .;..., . () t flIlJ.)NrVlL Michael H. Maher, Chief Executive Officer - - ., ~ .. _c. _ _,,""'.~.-.~,'''''O 5lS\4\CORr\KARIA04;\40450J,\MOI STATE Of MINNESOTA DEPARTMENT Of , STATE FILED \... JUN 2 4 19~ r~Jf-u Seaelary of Stale AMENDMENT TO ARTICLES OF INCORPORATION Pilge4 . . . EDA Agenda - 09/05/06 8. New Business: B. Consideration to approve or denv GMEF No. 025 (determine business subsidv amount) for Karlsburl!.er Foods. Inc. and if applicable. call for a public hearinl!.. A. Reference and Backl!.round: The EDA is asked to consider approval or denial a request for GMEF machinery and equipment loan. Should the loan amount exceed $100,000, the EDA must call for a public hearing date of Tuesday, September 19, 2006. SL Real Estate Holdings LLC has a line-of credit of$100,000 from First Federal Savings Bank, Baxter, MN and a line-of-credit of $200,000 through Wells Fargo. I've requested a letter of creditworthiness from both lenders as to cover the gap between the EDA approval loan amount and the estimated cost of the M&E. First, the EDA needs to determine if this GMEF loan application from Karlsburger Foods, Inc. will encourage economic development. Secondly, the EDA must determine if the preliminary M&E loan application complies with the EDA Business Subsidy Criteria - GMEF Guidelines. Lastly, the EDA must determine the amount, terms, and fee ofthe loan for approval. The City Council will consider ratification of the EDNs action for compliance ofthe EDA- GMEF Business Subsidy Criteria on September 25, 2006, following the EDA public hearing of September 19, 2006. If approved, the GMEF will be disbursed at a date yet to be determined. B. Alternative Action: I. A. A motion to approve GMEF Loan No. 025 for Karlsburger Foods, Inc. in the amount of $ with term and conditions as recommended at the meeting. Collateral, guarantees, and other condition requirements to be determined and prepared by the GMEF attorney. The GMEF loan approval subject to Public Hearing on Business Subsidy, lender commitment, credit worthiness letter and Council ratification of EDA action. B. Should the amount of GMEF No. 025 exceed $100,000, the EDA hereby calls for a public hearing on September 19, 2006, 4:00 p.m., City Hall for the proposed business subsidy to Karlsburger Foods, Inc.. 2. A motion to deny GMEF Loan No. 025 for Karlsburger Foods, Inc. I . EDA Agenda - 09/05/06 3. A motion to table any action. c. Recommendation: Recommendation is for Alternative No. IA. The amount of the loan and terms to be determined by the EDA in compliance with the Guidelines. The amount of the loan can be determined by number of jobs, total project or just M&E costs, or fund balance. It is suggested the EDA consider between $95,000 (M&E) and $200,000 Gobs). Should the amount be $100,000 or exceed $100,000, please call for the public hearing Alternative No. lB. D. Suoportinl!: Data: Lender documentation if available. . . 2