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EDA Agenda - 02/12/2025AGENDA REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, February 12, 2025 – 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: President Steve Johnson, Vice President Jon Morphew, Treasurer Hali Sittig, Rick Barger, Councilmember Tracy Hinz, Mayor Lloyd Hilgart Staff: Executive Director Jim Thares, Rachel Leonard, Angela Schumann, Tyler Bevier, Sarah Rathlisberger 1. General Business A. Call to Order B. Roll Call 6:00 p.m. 2. Annual Business Meeting A. Consideration of electing EDA officers B. Consideration of reviewing EDA Bylaws C. Consideration of reviewing EDA Enabling Resolution D. Consideration of EDA Financial Statements and Fund Balance Information 3. Consideration of Additional Agenda Items 4. Consent Agenda A. Consideration of Payment of Bills B. Consideration of Approving Regular Meeting Minutes – September 11, 2024 C. Consideration of Approving Workshop Meeting Minutes – November 13, 2024 D. Consideration of Approving Regular Meeting Minutes – November 13, 2024 E. Consideration of Authorizing an Interfund Loan Resolution No. 2025-01 related to Block 34 Redevelopment efforts ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING (Academy Room) 4:45 p.m. Discussion Country Club Villas Senior Rental Housing Update and Senior Market Demand, Wes Butler Executive Director, CHC and Kyle Didier, Shelter Corporation Discussion and Review EDA Workplan Proposed 2025-2027 F. Consideration of Authorizing Northland Securities Professional Services Contract related to Block 34 Redevelopment TIF Analysis and Plan Preparation G. Consideration of Authorizing Northland Securities Professional Services Contract related to a potential TIF District Plan and Analysis for Karlsburger Foods proposed facility expansion located at 3236 Chelsea 5. Public Hearing N/A 6. Regular Agenda A. Consideration of WSB & Associates’ Phase II Environmental Site Assessment (ESA) Work Scope Proposal for 216 Pine Street and adjacent City owned parcel PID # 155010034020 B. Consideration of LHB’s Tax Increment Financing (TIF) Blight and Substandard Findings Work Scope Proposal related to Block 34 Redevelopment efforts C. Consideration of Authorizing Rights of Entry for LHB Inc. and WSB & Associates related to TIF Qualification Inspections and Environmental Investigations in Block 34 D. Consideration of Authorizing a Mortgage Loan Subordination to First Dakota National Bank related to mortgage refinancing by RRG Holdings, LLC’s car wash facility located at 1301 Cedar Street, Monticello, MN 7. Other Business A. Consideration of Economic Development Manager’s Report 8. Adjournment EDA Agenda: 2/12/2025 2A. EDA Annual Business Meeting Prepared by: Community & Economic Development Coordinator Meeting Date: 2/12/2025 ☒ Regular Agenda Item ☐ Consent Agenda Item Reviewed by: N/A Approved by: Economic Development Manager ALTERNATIVE ACTIONS A: 1. Motion to elect 2025 officers: __________________ as President, ____________________ as Vice President, and _______________ as Treasurer. 2. Motion to table election of 2025 EDA Officers. ALTERNATIVE ACTIONS B: 1. Motion to direct staff to prepare draft amendments to the EDA Enabling Resolution or Bylaws as follows: (amendments to the Enabling Resolution require a public hearing) as determined by the EDA. 2. Motion of other. REFERENCE AND BACKGROUND: The EDA is required to hold an Annual Meeting each year to elect officers, make appointments as needed and consider Bylaw changes. The EDA’s enabling resolution and Bylaws are attached for review. Staff would be happy to answer any questions or requested clarifications on the organizational documents. It should be noted that some items may require consultation with EDA legal counsel and further review and consideration at a future EDA meeting. Offices which need to be filled for 2025 include the President, Vice President and Treasurer. Staff can serve as the EDA Secretary for recording meeting minutes. It should be noted that City Council EDA members may also serve as officers. Also attached for review and discussion are the 2024 Year End Financial reports of the EDA Fund(s). I. Staff Impact: There is minimal staff time involved in preparing the staff report for consideration of the Annual Business Meeting. II. Budget Impact: No expected budget impact from the Annual Business Meeting. 2 STAFF RECOMMENDATION: Staff defer to the EDA for appointment of officers (Alternative Action A). As related to Alternative Actions B1 and/or B2, currently, staff do not have any recommended amendments to the Enabling Resolution or Bylaws, though staff will defer to the EDA regarding any concerns and/or preferences in this realm. Again staff may be able to answer questions at the meeting or possibly further consult with the EDA attorney to research and address any questions or suggested changes. If the EDA does not feel that any changes are needed in the organizational documents, then Alternative B2 would be appropriate with a direction of “no change to the organizational documents”. SUPPORTING DATA: A. EDA Bylaws B. EDA Enabling Resolution C. EDA 2024 Year End Financial Reports CITY OF MONTICELLO Schedule of Assets, Liabilities, Deferred Inflows of Resources, and Fund Balances Economic Development Authority & Small Cities Development Program December 31, 2024 - Unaudited TIF 6 (d) TIF 19 (d) TIF 20 (d) TIF 22 (d) TIF 24 TIF 29 TIF 30 TIF 34 (d) TIF 40 TIF 41 TIF 42 TIF 43 TIF 45 TIF 46 GAAP Total Total EDA General GMEF TIF Future Raindance MS Shores Prairie West Downtown St. Henry's Front Porch CMHP Interchange Briggs UMC Headwaters Headwaters Block 52 WiHa Reconciliation EDA SCDP ASSETS Cash and investments 1,676,657 682,833$ -$ 49,450$ 37,719$ 104,142$ 248,445$ 115,764$ 75,189$ 100,802$ 77,340$ 21,049$ 96,081$ (31)$ (31)$ (31)$ 2,956$ -$ 3,288,334$ 893,845 Receivables Unremitted taxes - - - - - - - - - - - - - - - - - - - - Delinquent taxes 3,057 - - - - - 4,691 - 3,325 - - - - - - - - - 11,073 - Accounts 8,142 - - - - - - - - - - - - - - - - - 8,142 - Intrafund receivable 111,607 - - 728,845 - - - - - - - - - - - - - (840,452) - - Prepaid items 3,511 - - - - - - - - - - - - - - - - - 3,511 - Notes receivable 127,246 574,965 - - - - - - - - - - - - - - - - 702,211 90,307 Land held for resale 3,250,601 - - - - - 163,200 - - - - - - - - - - - 3,413,801 - TOTAL ASSETS 5,180,821$ 1,257,798$ -$ 778,295$ 37,719$ 104,142$ 416,336$ 115,764$ 78,514$ 100,802$ 77,340$ 21,049$ 96,081$ (31)$ (31)$ (31)$ 2,956$ (840,452)$ 7,427,072$ 984,152$ LIABILITIES Accounts and contracts payable 2,378 - - - - - - - - - - - - - 127,246 - - -$ 129,624$ - Intrafund payable - - 45,363 - - - - - - 64,644 - - 728,845 400 400 400 400 (840,452) - - Unearned revenue - - - - - - 163,200 - - - - - - - - - - (163,200) - - Escrow deposits 41,254 - - - - - - - - - - - - - - - - - 41,254 - Total liabilities 43,632 - 45,363 - - - 163,200 - - 64,644 - - 728,845 400 127,646 400 400 (1,003,652) 170,878 - DEFERRED INFLOWS OF RESOURCES Unavailable revenue - property taxes 3,057 - - - - - 4,691 - 3,325 - - - - - - - - - 11,073 - FUND BALANCES Nonspendable 3,511 - - - - - - - - - - - - - - - - - 3,511 - Restricted 121,740 1,257,798 - 778,295 37,719 104,142 248,445 115,764 75,189 36,158 77,340 21,049 (632,764) (431) (127,677) (431) 2,556 163,200 2,278,092 984,152 Assigned Economic Development 4,876,391 - (45,363) - - - - - - - - - - - - - - - 4,831,028 - Façade Grant 132,490 - - - - - - - - - - - - - - - - - 132,490 - Total fund balance 5,134,132 1,257,798 (45,363) 778,295 37,719 104,142 248,445 115,764 75,189 36,158 77,340 21,049 (632,764) (431) (127,677) (431) 2,556 163,200 7,245,121 984,152 TOTAL LIABILITIES, AND FUND BALANCES 5,180,821$ 1,257,798$ -$ 778,295$ 37,719$ 104,142$ 416,336$ 115,764$ 78,514$ 100,802$ 77,340$ 21,049$ 96,081$ (31)$ (31)$ (31)$ 2,956$ (840,452)$ 7,427,072$ 984,152$ Required or Actual Decertification Date 12/9/2013 12/31/2023 12/10/2018 12/31/2023 12/31/2026 12/31/2029 12/31/2029 12/31/2022 12/31/2045 12/31/2031 12/31/2050 12/31/2050 12/31/2050 12/31/2032 TIF District Type Redevelopment Housing Redevelopment Housing & Housing Housing Housing Redevelopment Housing Economic Housing Housing Redevelopment Economic (d) = decertified Redevelopment Development Development UN A U D I T E D CITY OF MONTICELLO Schedule of Revenues, Expenditures and Other Financing Sources (Uses) Economic Development Authority & Small Cities Development Program For the Period Ended December 31, 2024 - Unaudited TIF 6 (d) TIF 19 (d) TIF 20 (d) TIF 22 (d) TIF 24 TIF 29 TIF 30 TIF 34 (d) TIF 40 TIF 41 TIF 42 TIF 43 TIF 45 TIF 46 GAAP Total Total EDA General GMEF TIF Future Raindance MS Shores Prairie West Downtown St. Henry's Front Porch CMHP Interchange Briggs UMC Headwaters Headwaters Block 52 WiHa Reconciliation EDA SCDPRevenuesProperty taxes 458,011$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 458,011$ -$ Tax increments - - - - - - - 60,156 40,566 20,606 - 76,017 64,441 - - - 3,148 - 264,934 - Intergovernmental 294,248 - - - - - - - - - - - - - - - - - 294,248 - Charges for services 24,360 - - - - - - - - - - - - - - - - - 24,360 - Investment earnings 159,230 - - - - - - - - - - - - - - - - - 159,230 42,062 Interest on loans 3,232 10,541 - 21,554 - - - - - - - - - - - - - (24,786) 10,541 2,838 Other revenues 11,940 - - - - - - - - - - - - - - - - - 11,940 - Total revenues 951,021 10,541 - 21,554 - - - 60,156 40,566 20,606 - 76,017 64,441 - - - 3,148 (24,786) 1,223,264 44,900 Expenditures: Current Salary and wages 165,500 - - - - - - - - - - - - - - - - - 165,500 - Benefits 54,669 - - - - - - - - - - - - - - - - - 54,669 - Supplies - - - - - - - - - - - - - - - - - - - - Professional services - legal 32,933 - - - - - - 161 - - - - - - - - 115 - 33,209 - Professional services - market matching - - - - - - - - - - - - - - - - - - - - Professional services - enviromental - - - - - - - - - - - - - - - - - - - - Professional services - other 42,830 - 13,200 - - - 1,200 - - - - - - - - - - - 57,230 - LPV Insurance 4,259 - -- - - - - - - - - - - - - - - 4,259 - Legal and general publications 1,477 - -- - - - 31 31 31 - 31 31 31 31 31 77 - 1,802 - Property taxes 58,658 - -- - - - - - - - - - - - - - - 58,658 - Marketing 18,351 - -- - - - - - - - - - - - - - - 18,351 - Dues and membership 7,416 - -- - - - - - - - - - - - - - - 7,416 - Utilities 3,358 - -- - - - - - - - - - - - - - - 3,358 - IT services 3,353 - -- - - - - - - - - - - - - - - 3,353 - Travel and conferences 1,182 - -- - - - - - - - - - - - - - - 1,182 - Land adjustment to market 490,672 - -- - - - - - - - - - - - - - - 490,672 - Qualifying TIF expenditures - - - - - - - - - - - - - - - - - - - - Other expenditures 384,884 - - - - - - - - - - - - - - - - - 384,884 - Excess increments - - - - - - 269,641 - - - - - - - - - - - 269,641 - Interest on intrafund loans - - - - - - - - - - 3,232 - 21,554 - - - - (24,786) - - PAYG payments to third parties - - - - - - - - - - - 68,415 - - - - - - 68,415 - Total expenditures 1,269,542 - 13,200 - - - 270,841 192 31 31 3,232 68,446 21,585 31 31 31 192 (24,786) 1,622,599 - Net change in fund balances (318,521) 10,541 (13,200) 21,554 - - (270,841) 59,964 40,535 20,575 (3,232) 7,571 42,856 (31) (31) (31) 2,956 - (399,335) 44,900 Fund balance at beginning of year 4,977,269 1,247,257 (45,363) 778,295 37,719 104,142 519,286 55,800 34,654 15,583 77,340 13,478 (697,174) (400) (127,646) (400) (400) 163,200 7,152,640 939,252 Fund balance at end of year 4,658,748$ 1,257,798$ (58,563)$ 799,849$ 37,719$ 104,142$ 248,445$ 115,764$ 75,189$ 36,158$ 74,108$ 21,049$ (654,318)$ (431)$ (127,677)$ (431)$ 2,556$ 163,200$ 6,753,305$ 984,152$ Required or Actual Decertification Date 12/9/2013 12/31/2023 12/10/2018 12/31/2023 12/31/2026 12/31/2029 12/31/2029 12/31/2022 12/31/2045 12/31/2030 12/31/2050 12/31/2050 12/31/2050 12/31/2032 TIF District Type Redevelopment Housing Redevelopment Housing & Housing Housing Housing Redevelopment Housing Economic Housing Housing Redevelopment Economic (d) = decertified Redevelopment Development Development UN A U D I T E D EDA Agenda: 2/12/2025 2A. EDA Annual Business Meeting Prepared by: Community & Economic Development Coordinator Meeting Date: 2/12/2025 ☒ Regular Agenda Item ☐ Consent Agenda Item Reviewed by: N/A Approved by: Economic Development Manager ALTERNATIVE ACTIONS A: 1. Motion to elect 2025 officers: __________________ as President, ____________________ as Vice President, and _______________ as Treasurer. 2. Motion to table election of 2025 EDA Officers. ALTERNATIVE ACTIONS B: 1. Motion to direct staff to prepare draft amendments to the EDA Enabling Resolution or Bylaws as follows: (amendments to the Enabling Resolution require a public hearing) as determined by the EDA. 2. Motion of other. REFERENCE AND BACKGROUND: The EDA is required to hold an Annual Meeting each year to elect officers, make appointments as needed and consider Bylaw changes. The EDA’s enabling resolution and Bylaws are attached for review. Staff would be happy to answer any questions or requested clarifications on the organizational documents. It should be noted that some items may require consultation with EDA legal counsel and further review and consideration at a future EDA meeting. Offices which need to be filled for 2025 include the President, Vice President and Treasurer. Staff can serve as the EDA Secretary for recording meeting minutes. It should be noted that City Council EDA members may also serve as officers. Also attached for review and discussion are the 2024 Year End Financial reports of the EDA Fund(s). I. Staff Impact: There is minimal staff time involved in preparing the staff report for consideration of the Annual Business Meeting. II. Budget Impact: No expected budget impact from the Annual Business Meeting. 2 STAFF RECOMMENDATION: Staff defer to the EDA for appointment of officers (Alternative Action A). As related to Alternative Actions B1 and/or B2, currently, staff do not have any recommended amendments to the Enabling Resolution or Bylaws, though staff will defer to the EDA regarding any concerns and/or preferences in this realm. Again staff may be able to answer questions at the meeting or possibly further consult with the EDA attorney to research and address any questions or suggested changes. If the EDA does not feel that any changes are needed in the organizational documents, then Alternative B2 would be appropriate with a direction of “no change to the organizational documents”. SUPPORTING DATA: A. EDA Bylaws B. EDA Enabling Resolution C. EDA 2024 Year End Financial Reports CITY OF MONTICELLO Schedule of Assets, Liabilities, Deferred Inflows of Resources, and Fund Balances Economic Development Authority & Small Cities Development Program September 30, 2024 - Unaudited TIF 6 (d) TIF 19 (d) TIF 20 (d) TIF 22 (d) TIF 24 TIF 29 TIF 30 TIF 34 (d) TIF 40 TIF 41 TIF 42 TIF 43 TIF 45 TIF 46 GAAP Total Total EDA General GMEF TIF Future Raindance MS Shores Prairie West Downtown St. Henry's Front Porch CMHP Interchange Briggs UMC Headwaters Headwaters Block 52 WiHa Reconciliation EDA SCDPASSETSCash and investments 1,694,917 682,833$ -$ 112,601$ 37,719$ 104,142$ 248,445$ 115,764$ 75,189$ 85,489$ 74,108$ 21,049$ 32,930$ -$ -$ -$ 3,148$ -$ 3,288,334$ 893,845 Receivables Unremitted taxes - - - - - - - - - - - - - - - - - - - - Delinquent taxes 3,057 - - - - - 4,691 - 3,325 - - - - - - - - - 11,073 - Accounts 8,142 - - - - - -- -- - - - - - - - - 8,142 - Intrafund receivable 109,779 - - 687,248 - - - - - - - - - - - - - (797,027) - - Prepaid items 3,511 - - - - - - - - - - - - - - - - - 3,511 - Notes receivable 127,246 574,965 - - - - - - - - - - - - - - - - 702,211 90,307 Land held for resale 2,759,929 - - - - - 163,200 - - - - - - - - - - - 2,923,129 - TOTAL ASSETS 4,706,581$ 1,257,798$ -$ 799,849$ 37,719$ 104,142$ 416,336$ 115,764$ 78,514$ 85,489$ 74,108$ 21,049$ 32,930$ -$ -$ -$ 3,148$ (797,027)$ 6,936,400$ 984,152$ LIABILITIESAccounts and contracts payable 3,522 - - - - - - - - - - - - - 127,246 - - -$ 130,768$ - Intrafund payable - - 58,563 - - - - - - 49,331 - - 687,248 431 431 431 592 (797,027) - - Unearned revenue - - - - - - 163,200 - - - - - - - - - - (163,200) - - Escrow deposits 41,254 - - - - - - - - - - - - - - - - - 41,254 - Total liabilities 44,776 - 58,563 - - - 163,200 - - 49,331 - - 687,248 431 127,677 431 592 (960,227) 172,022 - DEFERRED INFLOWS OF RESOURCES Unavailable revenue - property taxes 3,057 - - - - - 4,691 - 3,325 - - - - - - - - - 11,073 - FUND BALANCES Nonspendable 3,511 - - - - - - - - - - - - - - - - - 3,511 - Restricted 121,740 1,257,798 - 799,849 37,719 104,142 248,445 115,764 75,189 36,158 74,108 21,049 (654,318) (431) (127,677) (431) 2,556 163,200 2,274,860 984,152 Assigned Economic Development 4,401,007 - (58,563) - - - - - - - - - - - - - - - 4,342,444 - Façade Grant 132,490 - -- - - - - - - - - - - - - - - 132,490 - Total fund balance 4,658,748 1,257,798 (58,563) 799,849 37,719 104,142 248,445 115,764 75,189 36,158 74,108 21,049 (654,318) (431) (127,677) (431) 2,556 163,200 6,753,305 984,152 TOTAL LIABILITIES,AND FUND BALANCES 4,706,581$ 1,257,798$ -$ 799,849$ 37,719$ 104,142$ 416,336$ 115,764$ 78,514$ 85,489$ 74,108$ 21,049$ 32,930$ -$ -$ -$ 3,148$ (797,027)$ 6,936,400$ 984,152$ Required or Actual Decertification Date 12/9/2013 12/31/2023 12/10/2018 12/31/2023 12/31/2026 12/31/2029 12/31/2029 12/31/2022 12/31/2045 12/31/2031 12/31/2050 12/31/2050 12/31/2050 12/31/2032 TIF District Type Redevelopment Housing Redevelopment Housing & Housing Housing Housing Redevelopment Housing Economic Housing Housing Redevelopment Economic (d) = decertified Redevelopment Development Development UN A U D I T E D CITY OF MONTICELLO Schedule of Revenues, Expenditures and Other Financing Sources (Uses) Economic Development Authority & Small Cities Development Program For the Period Ended September 30, 2024 - Unaudited TIF 6 (d) TIF 19 (d) TIF 20 (d) TIF 22 (d) TIF 24 TIF 29 TIF 30 TIF 34 (d) TIF 40 TIF 41 TIF 42 TIF 43 TIF 45 TIF 46 GAAP Total Total EDA General GMEF TIF Future Raindance MS Shores Prairie West Downtown St. Henry's Front Porch CMHP Interchange Briggs UMC Headwaters Headwaters Block 52 WiHa Reconciliation EDA SCDPRevenuesProperty taxes 458,011$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 458,011$ -$ Tax increments - - - - - - - 60,156 40,566 20,606 - 76,017 64,441 - - - 3,148 - 264,934 - Intergovernmental 294,248 - - - - - - - - - - - - - - - - - 294,248 - Charges for services 24,360 - - - - - - - - - - - - - - - - - 24,360 - Investment earnings 159,230 - - - - - - - - - - - - - - - - - 159,230 42,062 Interest on loans 3,232 10,541 - 21,554 - - - - - - - - - - - - - (24,786) 10,541 2,838 Other revenues 11,940 - - - - - - - - - - - - - - - - - 11,940 - Total revenues 951,021 10,541 - 21,554 - - - 60,156 40,566 20,606 - 76,017 64,441 - - - 3,148 (24,786) 1,223,264 44,900 Expenditures: Current Salary and wages 165,500 - - - - - - - - - - - - - - - - - 165,500 - Benefits 54,669 - - - - - - - - - - - - - - - - - 54,669 - Supplies - - - - - - - - - - - - - - - - - - - - Professional services - legal 32,933 - - - - - - 161 - - - - - - - - 115 - 33,209 - Professional services - market matching - - - - - - - - - - - - - - - - - - - - Professional services - enviromental - - - - - - - - - - - - - - - - - - - - Professional services - other 42,830 - 13,200 - - - 1,200 - - - - - - - - - - - 57,230 - LPV Insurance 4,259 - - - - - - - - - - - - - - - - - 4,259 - Legal and general publications 1,477 - - - - - - 31 31 31 - 31 31 31 31 31 77 - 1,802 - Property taxes 58,658 - - - - - - - - - - - - - - - - - 58,658 - Marketing 18,351 - - - - - - - - - - - - - - - - - 18,351 - Dues and membership 7,416 - - - - - - - - - - - - - - - - - 7,416 - Utilities 3,358 - - - - - - - - - - - - - - - - - 3,358 - IT services 3,353 - - - - - - - - - - - - - - - - - 3,353 - Travel and conferences 1,182 - - - - - - - - - - - - - - - - - 1,182 - Land adjustment to market 490,672 - - - - - - - - - - - - - - - - - 490,672 - Qualifying TIF expenditures - - - - - - - - - - - - - - - - - - - - Other expenditures 384,884 - - - - - - - - - - - - - - - - - 384,884 - Excess increments - - - - - - 269,641 - - - - - - - - - - - 269,641 - Interest on intrafund loans - - - - - - - - - - 3,232 - 21,554 - - - - (24,786) - - PAYG payments to third parties - - - - - - - - - - - 68,415 - - - - - - 68,415 - Total expenditures 1,269,542 - 13,200 - - - 270,841 192 31 31 3,232 68,446 21,585 31 31 31 192 (24,786) 1,622,599 - Net change in fund balances (318,521) 10,541 (13,200) 21,554 - - (270,841) 59,964 40,535 20,575 (3,232) 7,571 42,856 (31) (31) (31) 2,956 - (399,335) 44,900 Fund balance at beginning of year 4,977,269 1,247,257 (45,363) 778,295 37,719 104,142 519,286 55,800 34,654 15,583 77,340 13,478 (697,174) (400) (127,646) (400) (400) 163,200 7,152,640 939,252 Fund balance at end of year 4,658,748$ 1,257,798$ (58,563)$ 799,849$ 37,719$ 104,142$ 248,445$ 115,764$ 75,189$ 36,158$ 74,108$ 21,049$ (654,318)$ (431)$ (127,677)$ (431)$ 2,556$ 163,200$ 6,753,305$ 984,152$ Required or Actual Decertification Date 12/9/2013 12/31/2023 12/10/2018 12/31/2023 12/31/2026 12/31/2029 12/31/2029 12/31/2022 12/31/2045 12/31/2030 12/31/2050 12/31/2050 12/31/2050 12/31/2032 TIF District Type Redevelopment Housing Redevelopment Housing & Housing Housing Housing Redevelopment Housing Economic Housing Housing Redevelopment Economic (d) = decertified Redevelopment Development Development UN A U D I T E D EDA Agenda: 2/12/2025 4A. Consideration of Approving Payment of Bills Prepared by: Community & Economic Development Administrative Assistant Meeting Date: 2/12/2025 ☐ Regular Agenda Item ☒ Consent Agenda Item Reviewed by: N/A Approved by: Economic Development Manager REFERENCE AND BACKGROUND: Accounts Payable summary statements listing bills submitted during the previous month are included for review. ALTERNATIVE ACTIONS: 1. Motion to approve payment of bills through January 2025. 2. Motion to approve payment of bills through January 2025 with changes as directed by the EDA. STAFF RECOMMENDATION: Staff recommend approval of Alternative 1. SUPPORTING DATA: • Accounts Payable Summary Statements for January 2025. User: Printed:01/23/2025 - 1:40PM julie.cheney@monticellomn.gov Transactions by Account Batch:00206.01.2025 Accounts Payable Account Number Vendor AmountGL DateDescription Check No PO No 213-46301-421990 MAJIRS ADVERTISING & DESIGN INCNew Business Cards 0 65.7001/28/2025 65.70Vendor Subtotal: 213-46301-431993 WSB & ASSOCIATES INC 2024 Economic Development Services - Nov 2024 0 1,083.0012/31/2024 213-46301-431993 WSB & ASSOCIATES INC 2024 Economic Development Services - Dec 2024 0 1,083.0012/31/2024 213-46301-431993 WSB & ASSOCIATES INC 2024 Economic Development Services w/Adjustment - Oct 2024 0 30.0012/31/2024 2,196.00Vendor Subtotal: 213-46301-443300 INITIATIVE FOUNDATION 2025 Contribution 129591 2,390.0001/28/2025 2,390.00Vendor Subtotal: 213-46301-443300 WRIGHT COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP2025 Membership Dues 129615 4,009.0001/28/2025 4,009.00Vendor Subtotal: Subtotal for Fund: 213 8,660.70 Report Total: 8,660.70 AP-Transactions by Account (01/23/2025 - 1:40 PM)Page 1 User: Printed:01/23/2025 - 1:39PM julie.cheney@monticellomn.gov Transactions by Account Batch:00202.01.2025 Accounts Payable Account Number Vendor AmountGL DateDescription Check No PO No 213-46301-433100 US BANK CORPORATE PMT SYSTEMEDAM - 25 - Winter Conference Registration (JT) 0 395.0001/15/2025 395.00Vendor Subtotal: 213-46301-438200 CITY OF MONTICELLO 216 Pine St (EDA - old Finders Keepers consignmt by old DMV) 0 52.6112/31/2024 213-46301-438200 CITY OF MONTICELLO 130 Broadway E. (EDA strmwtr - formerly the Zoo) 7/3/2019 new fee 0 31.5012/31/2024 84.11Vendor Subtotal: 213-46301-443990 US BANK CORPORATE PMT SYSTEMEDAM - Holiday Party Registration (JT) 0 40.0012/31/2024 213-46301-443990 US BANK CORPORATE PMT SYSTEMDOMINOS - Food Special Mtg - EDA 0 57.9912/31/2024 97.99Vendor Subtotal: Subtotal for Fund: 213 577.10 Report Total: 577.10 AP-Transactions by Account (01/23/2025 - 1:39 PM)Page 1 User: Printed:02/03/2025 - 10:56AM julie.cheney@monticellomn.gov Transactions by Account Batch:00207.01.2025 Accounts Payable Account Number Vendor AmountGL DateDescription Check No PO No 213-46301-431991 DEMVI LLC Parking Lot Maintenance - Jan 2025 0 213.8601/31/2025 213.86Vendor Subtotal: 213-46301-438100 CENTERPOINT ENERGY 12045691-8 - 216 Pine St 0 263.4901/31/2025 263.49Vendor Subtotal: 213-46301-438100 XCEL ENERGY 101 E 3rd St (216 Pine St) - formerly Finders Keepers 0 44.6301/31/2025 44.63Vendor Subtotal: Subtotal for Fund: 213 521.98 Report Total: 521.98 AP-Transactions by Account (02/03/2025 - 10:56 AM)Page 1 The preceding list of bills totaling $9,759.78 was approved for payment. Date: 2/12/25 Approved by:__________________________________ Hali Sittig - Treasurer MINUTES (DRAFT) REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, September 11, 2024 – 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: President Steve Johnson, Vice President Jon Morphew, Treasurer Hali Sittig Ollie Koropchak-White, Rick Barger, Councilmember Tracy Hinz, Mayor Lloyd Hilgart Staff Present: Angela Schumann, Jim Thares, Tyler Bevier 1. General Business A. Call to Order President Steve Johnson called the regular meeting of the Monticello EDA to order at 6:00 p.m. B. Roll Call 6:00 p.m. Mr. Johnson called the roll. 2. Consideration of Additional Agenda Items Jim Thares, Economic Development Manager, requested an item to be added; Missy Meidinger, Executive Director, Wright County Economic Development Partnership (WCEDP) to give an update. Angela Schumann, Community Development Director, introduced Tyler Bevier, Community and Economic Development Coordinator. 3. Consent Agenda A. Consideration of Payment of Bills B. Consideration of Approving Regular Meeting Minutes – June 12, 2024 C. Consideration of Approving Joint Workshop Meeting Minutes – June 12, 2024 D. Consideration of Approving Regular Meeting Minutes – June 26, 2024 E. Consideration of Funding for Manufacturers Appreciation Breakfast – October 11, ECONOMIC DEVELOPMENT AUTHORITY CLOSED SPECIAL MEETING Academy Room 6:30 p.m. Consideration of Negotiations of Properties PID: 155-500-123300 PID: 155-274-001010, 155-274-002010, 155-274-002020, 155-274-002011, 155-274-002021, 155-194-000020, 155-274-000010 2024 OLLIE KOROPCHAK-WHITE MOVED TO APPROVE THE CONSENT AGENDA. HALI SITTIG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 7-0. 4. Regular Agenda A. Consideration of Resolution No. 2024-17 approving amended GMEF Loan Agreement with Rustech Brewing Company, LLC Mr. Thares introduced this item as referring to the Rustic Brewing Company, LLC. The EDA approved a GMFE loan to Rustic Brewing in 2017 which opened its doors in Spring 2018. Over the past 2 years Rustic Brewing has experienced challenges such as COVID, and a serious power outage, causing loss of revenue and damage to equipment. After evaluating Rustic’s business performance, they closed in May of 2024 and sold the building to Hair Obsession, LLC in August 2024. Mr. Thares said with the current language in the contract, an event of default occurs at the time of relocating equipment from the business site. This has occurred. Accordingly, Rustech Brewing Company, LLC is in default and this would be addressed through the proposed loan amendment. Mr. Burt has stated several times that he is hoping to reopen, leasing a space in the City of Monticello. During the August 14, 2025 EDA Workshop, by consensus, the EDA agreed to amend the loan agreement to allow the equipment to be relocated away from the 105 West 3rd Street and that a one-time lump sum payment of $5,000 toward the current loan balance of $59,096.87 be included. Rustech agreed to this concept and payment by September 30th. The brewery is current in its monthly payments. Under this amendment, the monthly payment amount would remain the same at $428.31. A balloon payment will be due in approximately 5 years. Commissioner Rick Barger inquired if Rustic Brewing, LLC, has agreed to pay the legal fees. Mr. Thares confirmed that they have. Mr. Johnson pointed out that the new document does not list the new location of the equipment, and it could pose a risk. Mr. Thares confirmed this. Mayor Hilgart said that both parties are trusting in goodwill. Commissioner Jon Morphew agreed and pointed out the borrower has also provided a personal guarantee for the EDA loan. Commission Hali Sittig shared that they have honored everything they have told the EDA. Mr. Thares said this is a way to support a business in a difficult situation. RICK BARGER MOVED TO ADOPT RESOLUTION 2024-17 APPROVING AN AMENDED AND RESTATED GMEF LOAN AGREEMENT WITH RUSTECH BREWING COMPANY, LLC WHICH WAS ORIGINALLY AUTHORIZED BY THE EDA ON JULY 12, 2017. HALI SITTIG SECONDED THE MOTION. MOTION CARRIED, 5-0, JON MORPHEW AND TRACY HINZ ABSTAINED. B. ADDITIONAL ITEM - UPDATE OF THE WCEDP Mr. Thares introduced Missy Meidinger, WCEDP Executive Director. Ms. Meidinger provided an update of activities of the WCEDP and entertained questions from the EDA. C. Consideration of Accepting the 2024 Housing Workshop Summary as an Addendum to the 2023 Housing Needs and Market Demand Report Mr. Thares introduced the item. Staff are asking for the EDA to consider accepting The 2024 Housing Summary as an Addendum to the 2023 Housing Needs and Market Demand Report. The City Council, Planning Commission and the Economic Development Authority met in June to discuss the 2023 Housing Needs and Market Demand Report which was accepted by the EDA in October of 2023. Mr. Thares shared he feels the report is meaningful and clear. It includes the findings and takeaways from the Joint meeting in June and will be added to the existing report. The last section lays out some policies which staff may recommend. Ms. Schumann explained if the EDA approves this report, the next step is to go to the City Council. Once it is approved Staff will begin the process of recommending policies. Mr. Morphew shared his perspective on Senior Housing. Encouraging Seniors to leave their homes would give 1st time home buyer a better chance to purchase a house. Ms. Schumann stated her points in the report which addresses this issue. There will be funding available in the future to provide to affordable housing projects. HALI SITTIG MOVED TO ACCEPT THE 2024 HOUSING STUDY AS AN ADDEMDUM TO THE 2023 HOUSING NEEDS AND DEMAND REPORT. MOTION SECONDED BY OLLIE KOROPCHAK-WHITE. MONTION CARRIED UNANIMOUSLY, 7-0. 5. Other Business A. Consideration of Economic Development Manager’s Report Mr. Thares provided an overview of the agenda item. No action was taken on the item. 6. Adjournment TRACY HINZ MOVED TO ADJOURN, HALI SITTIG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:37 P.M. MINUTES (draft) WORKSHOP - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, November 13, 2024 – 4:45 p.m. Academy Room, Monticello Community Center Commissioners Present: President Steve Johnson, Treasurer Hali Sittig, Ollie Koropchak-White, Rick Barger and Councilmembers Lloyd Hilgart and Tracy Hinz Commissioners Absent: Vice President Jon Morphew Staff: Executive Director Jim Thares, Angela Schumann, Tyler Bevier Guest: City Council Member Kip Christianson 1. Call to order: 4:45 2. Roll Call 3. TIF District and Housing Aid Discussion Economic Development Manager Jim Thares gave an overview of the pooled Tax- Increment Financing districts and shared updates on Housing Aid from the State of Minnesota. As the EDA’s HRA duties, the EDA is required to determine how to spend these monies. There is another deposit expected in December of 2024 and another in 2025. Mr. Thares shared a handout which lists the potential pooling available from various TIF districts. Some pooled TIF may be available as the EDA continues with the redevelopment processes in Block 34. Mr. Thares also noted those allocated funds which are not available, and which can be used for the Block 52 Authority Grant. Commissioner Barger asked if the City keeps the 10 percent administrative funds money. Mr. Thares confirmed that is correct. Mr. Johnson asked if the amounts that go to the City are reflected in the EDA budget. Mr. Thares explained it is limited. Each district for that admin amount has its own budget for these costs. Mr. Barger asked if this amount goes into the general budget and is expensed out. Mr. Thares said it stays in the TIF budget. When the TIF is decertified, the remaining amount goes to the County. Mr. Thares noted that the amount available for an Affordable Housing Project is about $110,000. Mr. Barger asked if there is a risk of Pooled TIF being eliminated in the future. Mr. Thares shared in 2023 the State had extra revenue and decided to share that revenue with cities specifically for housing. This program is called Direct Housing Aid. Monticello’s share is $60,870. The first payment was made in 2023. Another of the same amount will come in December of 2024, and half of that amount will follow in 2025. Ms. Hinz asked if the State based the allocation on the population. Mr. Thares said yes. Mayor Hilgart asked if it needs to be given away or if it can be used for non- interest loans. Mr. Thares replied that it could be used that way. 4. Economic Development Assistance Services Consulting Contract Jim Thares updated the EDA on Jim Gromberg resignation from WSB in late September. He has started his own consulting firm. The EDA has a retainer with WSB until the end of 2024. The fee is currently $1,083/month. Mr. Thares asked if the EDA would like to issue an RFP in 2025 for evaluation of services scope. Mr. Johnson noted that part of what the EDA has been enjoying with Mr. Gromberg is his experience and network throughout the industry. Ms. Sittig questioned whether the EDA is best served by open issuing an RFP or retaining Mr. Gromberg. Mayor Hilgart said this service is not a necessity, however, it is an asset. He suggested going through the first quarter of the year to put an RFP out. Ms. Sittig asked Mr. Thares if the city has a good relationship with Mr. Gromberg and did, he provide favorable service. Mr. Thares said Mr. Gromberg’s experience brought a lot to the city, and he felt Mr. Gromberg provided a favorable service. Mayor Hilgart feels the EDA should go to an RFP. Ms. Hinz agreed and suggested the EDA reevaluate what its needs are for this type of service, what are the tangibles which were provided to the EDA. Olive Koropchak- White agreed. Mayor Hilgart also agreed. Mr. Thares pointed out city staff has felt more comfortable talking to Mr. Gromberg for guidance. He has experience with the Federal Government for programs such as the energy tax program (PACE) as well as previous employment with MN-DEED and as a banker for a Twin Cities bank. His assistance has been stellar in pursuing the MN-DEED leads which are typically larger manufacturing firms. Mr. Johnson asked the question if Mr. Thares was gone who would cover him, suggesting it would be this service. He feels Mr. Thares is overstretched. Not having this service would increase that workload. Council Member Kip Christianson asked what the market rate is for that service. Mr. Thares responded that the retainer is $1,083 and he felt the market rate is close to this price. The consensus is to let the WSB contract lapse at the end of 2025 and open an RFP to provide this service in 2025 to review. 5. Adjournment TRACY HINZ MOTIONED TO ADJOURN, SECONDED BY HALI SITTIG, CARRIED UNAMIOUSLY AT 5:39 P.M. MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, November 13, 2024 – 6:00 p.m. Monticello Community Center Commissioners Present: President Steve Johnson, Treasurer Hali Sittig, Ollie Koropchak- White, Rick Barger, Tracy Hinz, Mayor Lloyd Hilgart Commissioners Absent: Vice President Jon Morphew Staff Present: Executive Director Jim Thares, Community Development Director Angela Schumann, Community and Economic Development Coordinator Tyler Bevier 1. General Business A. Call to Order President Steve Johnson called the regular meeting of the Monticello EDA to order at 6:00 p.m. B. Roll Call 6:00 p.m. Mr. Johnson called the roll. 2. Consideration of Additional Agenda Items A. Mr. Johnson indicated that the EDA should add an item at the beginning of the regular agenda related to the Façade Improvement Forgivable Loan Proposal for the Sleep Concepts Mattress Store located at 149 West Broadway. 3. Consent Agenda A. Consideration of Payment of Bills B. Consideration of Approving Special Meeting Minutes – October 23, 2024 C. Consideration of Approving Special Meeting Minutes – October 9, 2024 D. Consideration of Approving a Certificate of Completion for the Wiha Tools Development Project; 77,000 Square foot building (TIF District 46) RICK BARGER MOVED TO APPROVE THE CONSENT AGENDA. HALI SITTIG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 6-0. 4. Public Hearing ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING Academy Room 4:45 p.m. Review and Discussion of Pooled TIF Funds and Direct Housing Aid 5:30 p.m. Discussion regarding Economic Development Services Assistance Consultant contract A. Consideration of Resolution 2024-23 authorizing a $100,000 Façade Improvement Forgivable Loan and Business Subsidy to Sleep Concepts Mattress Store – 149 West Broadway (John Thorud) Economic Development Director Jim Thares gave an overview. The Public Hearing is connected to a Façade Improvement Loan consideration for John Thorud, owner of 149 West Broadway, in the amount of $100,000. The quote for façade improvements is $105,063.35. The specific materials are also included for approval by the EDA. The property owner is required to contribute a minimum of 5% which is $5,063.35. This is the final property on Broadway stretch of Block 52 that would have façade improvements. Currently $137,490.07 available in the Façade Loan sub- fund. It should be noted that City staff had tried to reach out to Mr. Thorud numerous times in the past three months with minimal success. Mayor Hilgart pointed out that the façade improvement project on the East Wall has been completed. Commissioners agreed that it looks good. Ms. Sittig asked if Mr. Thorud has filled out all the paperwork and has not responded. Mr. Thares said he has not signed the application and initial the new rendering. Mayor Hilgart pointed out the EDA can find another project to use the $100,000. Commissioner Barger stated that he assumes this proposal was prepared by Block 52 property owners who are trying to get some of their money back. He does not believe the cost to make this improvement would be this amount. Mr. Thares confirmed Block 52 did the quote. Mr. Barger asked how the wall looks and It was the consensus is it looks good. He asked if this would complete the look the EDA is striving to complete. Ms. Sittig said she feels the façade could use improvement and would finish off. Ms. Hinz pointed out she is disappointed that a business downtown is showing minimal effort to work with the city to complete this goal and puts the EDA in a precarious position to complete the appearance of Downtown. She does not support giving Mr. Thorud the grant and leaving it off agendas until Mr. Thorud approaches the city. Mr. Johnson feels staff should not put in additional time and wait for Mr. Thorud to approach the city. He pointed out that $100,000 is almost the value of the building. The consensus is to direct staff not to move forward. Ms. Sittig thanked Mr. Thares and Mr. Bevier for their efforts. Ms. Hinz asked if there could be any repercussions to not move forward. Ms. Sittig suggested it be tabled. Ms. Hinz agreed. After additional questions were asked. Mr. Thares pointed out that Mr. Thorud does not appear to be anxious about making improvements. TRACEY HINZ MOTIONED TO DENY APPROVAL OF THE FAÇADE IMPROVEMENT LOAN FOR 149 W. BROADWAY. MOTION SECONDED BY RCIK BARGER. The consensus from the EDA members was that when or if Mr. Thorud applies it is on him to do the initial work and city staff. President Johnson stayed the motion and asked opened the Public Hearing. President Johnson closed the Public Hearing. President Johnson called to vote. MONTION CARRIED UNANIMOUSLY, 6-0. 5. Regular Agenda A. Consideration of Resolution 2024-24 authorizing an Amendment of the Block 52 Purchase and Development Contract with Block 52 Holdings, LLC, Buchholz Exchange, LLC and Norgren Exchange, LLC Economic Development Director Jim Thares gave an overview asking the EDA to consider the First Amendment to the Purchase and TIF Development Contract with Block 52 Holdings, LLC, Buchholz Exchange, LLC and Norgren Exchange, LLC increasing the Authority Grant by $50,000 to a total of $417,400. Because the developer did not provide the requested cost information, staff requested the EDA to table this item from the October 9, 2024 to the October 23, 2024 and then tabled to November 13, meeting, so the Block 52 Holdings group could submit additional information related to costs of the public improvements. At the time of the approval the Block 52 property owners were struggling with the cost. Mr. Thares pointed out this also included utility improvements. Instead of using façade funding to finish the East wall, the EDA attorney suggested use the Authority Grant of the amount of $250,000. Mr. Johnson asked for clarification that the East wall of 149 West Broadway sits on Buchholtz property. Mr. Thares confirmed it is on Block 52 property. Mr. Johnson mentioned the power pole has been removed. Mr. Thares stated that funding came from another source and the development is nearly completed. The final CO has not been issued. The city is holding a check for $290,000 Authority Grnat until the project is complete. Ms. Sittig questioned the amount they are requesting, why is it significantly more that estimated; have there been change orders the city has privy to. Mr. Thares said the East wall was not included in the original plan. Block 52 saw the need for it to be done and completed it in good faith. Mr. Johnson feels it is time to wrap up the project. Ms. Sittig did not agree the EDA should be adding funding. Mr. Barger asked if they would consider adding funding to the Authority Grant to complete those items listed in the staff report. He asked for clarification of the amount spent and requested. Mr. Thares said the original quote was $420,000 and they spent $1,100,040. LLOYD HILGART MOTIONED TO ADOPT RESOLUTION 2024-19 APPROVING A FIRST AMENDMENT TO THE PURCHASE AND TIF DEVELOPMENT CONTRACT WITH BLOCK 52 HOLDINGS, LLC, BUCHHOLZ EXCHANGE, LLC AND NORGREN EXCHANGE, LLC INCREASING THE AUTHORITY GRANT BY $50,000 TO A TOTAL OF $417,400, TRACY HINZ SECONDED THE MOTION. Mr. Barger noted this is in good faith and it made a huge improvement in Downtown. He would have liked to see more details of why the cost increased so much. Mr. Johnson noted that they provided a summary. President Johnson called for the vote. MOTION CARRIED, 5-1. COMMISSIONER SITTIG VOTED AGAINST. Other Business A. Consideration of Economic Development Manager’s Report Mr. Thares provided an overview of the agenda item to the EDA and the public. Adjournment TRACY HINZ MOVED TO ADJOURN. HALI SITTIG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 6-0. MEETING ADJOURNED AT 7:29 P.M. Recorder: Vicki Leerhoff ___ Approved: February 12, 2025 Attest: _____________________________________________ James Thares, Economic Development Manager EDA Agenda: 02/12/2025 4E. Consideration Adopting Resolution No. 2025-01 Authorizing an Interfund Loan for advance of certain costs in the amount of $180,000 in connection with a Tax Increment Financing District Prepared by: Economic Development Manager Meeting Date: 02/12/2025 ☐ Regular Agenda Item ☒ Consent Agenda Item Reviewed by: Community & Economic Development Coordinator Approved by: Community Development Director ACTION REQUESTED Motion to adopt Resolution 2025-01 approving an Interfund Loan for advance of certain costs in the amount of $180,000 related to TIF qualification studies, TIF Financial Modeling and Plan Preparation, environmental investigations, and potential contamination mitigation activities in Block 34 in connection with a future Tax Increment Financing District. REFERENCE AND BACKGROUND The EDA is asked to consider adopting Resolution 2025-01 approving an Interfund loan related to the completion of TIF qualification inspections, TIF Financial Modeling and analysis, environmental investigations, and potential contamination mitigation activities in Block 34 in connection with a future Tax Increment Financing District. By adopting the Interfund loan resolution, the EDA’s immediate costs incurred related to the noted activities and other similar expenses in Block 34 are considered a “loan or funding advance”. The Interfund loan designation allows these costs to be reimbursed through tax increments generated by new development in a future Tax Increment Financing (TIF) District established in Block 34 which would be used to support redevelopment efforts. The total amount of the proposed interfund loan as noted in the Resolution is $180,000. This amount will cover the expected TIF qualification study, the Northland Securities TIF Modeling and analysis and the proposed environmental investigation (Phase II ESA; Item 6B.) and any potential contamination mitigation activities. If the Interfund loan resolution is not authorized at this time, the EDA may jeopardize its ability to be reimbursed for these and other similar EDA authorized expenses from the future tax increments. I. Budget Impact: The immediate cost attributed to the EDA connected to the proposed Interfund loan resolution is estimated to be about $375 +/. This cost is related to EDA attorney services to draft the resolution. Long-term, the budget impact may be positive by equating the estimated costs of $180,000 for the identified activities as a future Block EDA Agenda: 02/12/2025 34 redevelopment TIF District expenditure rather than an EDA general fund cost item as the EDA progresses forward in consideration of redevelopment efforts in Block 34. II. Staff Workload Impact: City staff workload related to the Interfund loan resolution is modest. Staff involved in the Interfund loan discussions include the City Administrator, Finance Director, Community Development Director, and Economic Development Manager. Consultants involved include Northland Securities staff and the EDA attorney. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDATION City staff recommend approval of Interfund Loan Resolution 2025-01. By approving the Interfund loan resolution, the EDA preserves the potential to have its General Fund be reimbursed for Block 34 preliminary development expenses including, but not limited to, TIF qualification studies, TIF Financial Modeling and Analysis, environmental investigations and/or mitigation activities, using future tax increment collections from a new TIF District. SUPPORTING DATA • EDA Resolution 2025-01 4929-4663-2727.1 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2025 - 01 AUTHORIZING INTERNAL LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH A TAX INCREMENT FINANCING DISTRICT WHEREAS, the City of Monticello, Minnesota (the “City”) and the City of Monticello Economic Development Authority (the “Authority”) are considering establishing a tax increment financing district for Block 34 in the City (the “TIF District”), pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”); and WHEREAS, the City and the Authority may incur certain costs related to the TIF District which costs may be financed on a temporary basis from available City or Authority funds; and WHEREAS, pursuant to Section 469.178, subdivision 7 of the TIF Act, the City and the Authority are authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act; and WHEREAS, the City and the Authority have determined to pay for certain costs of the proposed TIF District including environmental studies and potential environmental mitigation activities and site clean-up costs which costs may be financed on a temporary basis from the Authority’s General Fund, or any other City or Authority funds available for such purposes (the “Cost Advances”); and WHEREAS, the Authority hereby designates the Cost Advances as an interfund loan in accordance with the terms of this resolution and the TIF Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Monticello Economic Development Authority as follows: 1. The Authority and the City will reimburse themselves for the Costs Advances including without limitation TIF Qualification Studies, TIF Financial Modeling and Analysis, environmental studies and potential environmental mitigation activities and site clean-up costs all in an aggregate amount not to exceed the greater of $180,000 or the adopted and, if applicable, Tax Increment Financing Plan budget for the TIF District (the “Interfund Loan”) together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 and Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 8.0% and will not fluctuate. 2. Principal and interest (“Payments”) on the Interfund Loan shall be paid semiannually on each February 1 and August 1 (each a “Payment Date”), commencing on the first Payment Date on which the City or the Authority has received Available Tax Increment (defined below), or on any other dates determined by the City Finance Director, through the date of last receipt of tax increment from the TIF District (the “Maturity Date”). 2 4929-4663-2727.1 3. Payments on the Interfund Loan will be made solely from the tax increment from the TIF District received by the Authority or the City from Wright County in the 6-month period before any Payment Date, net of the amount paid under any agreement with a private developer or otherwise pledged to the payment of any obligation (the “Available Tax Increment”). Payments shall be applied first to accrued interest, and then to unpaid principal, unless otherwise specified by the City Finance Director. Interest accruing from the Loan Date will be compounded semiannually on February 1 and August 1 of each year and added to principal, unless otherwise specified by the City Finance Director. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes, or contracts secured in whole or in part with available tax increment and are on a parity with any other outstanding or future interfund loans secured in whole or in part with available tax increment. 4. The principal sum and all accrued interest payable under this resolution is pre-payable in whole or in part at any time by the Authority without premium or penalty. 5. This resolution is evidence of an internal borrowing by the Authority or the City in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority or the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. Neither the Authority nor the City shall have any obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the termination or expiration of the TIF District. 6. The Authority or the City, as applicable, may at any time decide to forgive the outstanding principal amount and accrued interest on the Interfund Loan, in whole or in part, on any date from time to time, to the extent permissible under law. 7. The Authority may from time to time amend the terms of this Resolution to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided that the interest rate may not be increased above the maximum specified in Section 469.178. subd. 7 of the TIF Act. Adopted by the Board of Commissioners of the City of Monticello Economic Development Authority this 12th day of February, 2025. President ATTEST: Executive Director EDA: 02/12/2025 1 4F. Consideration of approving a Contract with Northland Securities, Inc. (NSI) in the amount of $17,640 for Financial Planning Services related to establishing a Redevelopment Tax Increment Financing (TIF) District Prepared by: Economic Development Manager Meeting Date: 2/12/25 ☐ Regular Agenda Item ☒ Consent Agenda Item Reviewed by: Community Development Director, Community Economic Development Coordinator, Finance Director Approved by: City Administrator ACTION REQUESTED: Motion to approve NSI Financial Planning Agreement for services related to creation of a Redevelopment TIF District in connection with potential redevelopment of Block 34. Motion of other as determined by the EDA. REFERENCE AND BACKGROUND: The EDA is asked to consider approving a specific project-based Contract with Northland Securities, Inc. (NSI) related to anticipated creation of a Redevelopment Tax Increment Financing (TIF) District in support of Block 34 redevelopment along Broadway and Pine Street (MNTH #25). Staff requested the proposed contract with NSI to allow work tasks to begin related to financial planning and analysis services as well as guidance in the required steps in establishing a new Redevelopment TIF District in connection with the concept Block 34 redevelopment proposal submitted by Kraus-Anderson Development. The attached proposal outlines specific services related to development parcel valuation data, review of the proposed financing structure, the project pro forma and preparation of the critical “but for” findings. It also covers formatting and distribution of various notices, planning documents, completion of a TIF Plan and attendance at key meetings. It does not include legal documents such as resolutions and development agreements. Ultimately, if a new Redevelopment TIF District is not approved by the City Council and the EDA, NSI will only bill for actual work performed based on an hourly rate of $315. NSI will also coordinate with the EDA’s legal counsel as required for the project. I. Budget Impact: The funds to pay for the proposed NSI contract will initially come from the expected $15,000 TIF application fee from K-A Development submittal. Additional costs beyond the initial TIF fee will be invoiced to the developer as per NSI service invoices. At a future date staff believe these project specific costs could possibly be EDA: 02/12/2025 2 included in subsidy request deposits. Fees incurred for legal documents, contracts, resolutions, etc. related to establishing the TIF District are not included in the NSI services contract. Those costs will be split out and will also be invoiced to the developer. The NSI contract falls in the professional services category, so competitive quotes are not required for this consideration. II. Staff Impact: TIF Districts are complicated tax-based financial assistance tools used to support new economic development proposals. There are several legal and critical financial review steps that are required in establishing a new TIF District. Under the proposed contract, NSI will analyze property value and financing data and prepare a TIF Plan specifically tailored to the proposal and the development site. They will also prepare the essential “but-for” findings. In-house staff will support and collaborate with NSI by providing application submittal materials and guidance related to EDA discussions regarding potential TIF assistance for Block 34. III. Comprehensive Plan Impact: Entering into the NSI TIF Services contract is critical to completing the essential work components involved in establishing a Redevelopment TIF District in Block 34. Redevelopment of Block 34 is identified as a goal within the 2017 Downtown Small Area Plan, an appendix of the Monticello 2040 Vision + Plan, which envisions various efforts and catalyst projects to create a vibrant Downtown. STAFF RECOMMENDATION: Staff recommend the EDA authorize the proposed NSI Professional Services contract. The NSI Financial Planning Services Agreement is essential to ensure the EDA stays within the bounds of all required steps and notices when creating a new TIF District. TIF districts have impacts across several taxing jurisdictions (city, school district and county). Therefore, it is important that staff have the support of consultants such as NSI to perform specialized TIF Plan analytical work and preparation of specific documents that are required in creating a new TIF District. NSI has completed similar types of work for the EDA over the past several years as it has established new TIF Districts and staff has full confidence in NSI’s ability to accomplish the proposed TIF work related to Block 34 redevelopment efforts. SUPPORTING DATA: a. NSI Financial Planning Services Agreement – Redevelopment TIF District Agreement (Redevelopment TIF District) Page 1 FINANCIAL PLANNING AGREEMENT BY AND BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND NORTHLAND SECURITIES, INC. TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-47 (BLOCK 34) This Agreement made and entered into by and between the City of Monticello Economic Development Authority, Minnesota (hereinafter the "EDA") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). WITNESSETH WHEREAS, the EDA desires to use the services of NSI for financial planning assistance related the establishment of Tax Increment Financing (Redevelopment) District No. 1-47 (the “TIF District”) to provide financial assistance for the construction of private buildings, including a potential commercial-retail and housing project (the “Project”). WHEREAS, the Project is intended solely for financial planning and NSI is not providing advice on the timing, terms, structure or similar matters related to a specific bond issue. WHEREAS, NSI desires to furnish services to the EDA as hereinafter described. NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work will undertake the process and financial planning to establish the TIF District. Legal services to review the plan for the establishment of the TIF District (the “TIF Plan”), resolutions, and agreements are not provided by NSI and are not subject to this agreement. Any inspection services that may be needed to determine if the property where the Project will be located meets the definition of “Substandard Building” as defined by Minnesota Statutes, Section 469.174, subdivision 10, are not provided by NSI and are not subject to this agreement. NSI will provide the following services: 1. Attend planning meetings for the Project at the request of the staff to the EDA. 2. Set and distribute calendar of meetings and key dates for establishment of the TIF District. 3. Collect data for the TIF District and the Project, including: a. Parcel identification numbers for all parcels within the Development District and the TIF District. b. Estimated market value and tax capacity value for all parcels within the TIF District. c. Current property tax rates for all jurisdictions. d. Map showing location of the Project and parcel boundaries. Agreement (Redevelopment TIF District) Page 2 4. Evaluate and advise the EDA on the type of tax increment financing district and provide guidance on statutory findings. 5. Collect data about the Project, including: a. Type, size, value, and timing of proposed development. b. Activities and estimated costs of the Project to be paid from tax increments from the TIF District. 6. Review basis for findings for establishing TIF District, including: a. Statutory criteria for establishment of the TIF District. b. Developer justification (“but for”) for the use of tax increment. 7. Review and analyze Developer construction pro forma and operating pro forma for the Project. 8. Prepare memorandum for the EDA presenting the findings and terms for financial assistance to the developer of the Project. 9. Obtain any additional data not collected in item #1, including confirmation of any building permits issued for parcels in the TIF District over the past 18 months. 10. Prepare notice of hearing and comply with statutory requirements for mailing and publication. 11. Assist the EDA’s attorney with drafting of the development agreement for the Project. 12. Prepare planning documents including modification of the Development Program for the Development District and Tax Increment Financing Plan for the TIF District. 13. Distribute draft planning documents with letter of explanation and other supporting information to the County and School District. 14. Assist with preparation of resolutions authorizing the TIF District and approving the TIF Plan. 15. Prepare and distribute resolution for planning commission findings, if necessary (scope does not include NSI attendance at planning commission meeting). 16. Prepare and distribute packet for public hearing including the TIF Plan and approving resolution. 17. Attend and facilitate the EDA meeting to consider approval of the TIF District and agreement for the Project. 18. Attend and facilitate the public hearing and City Council meeting to consider approval of the TIF District. 19. Prepare TIF transcript (electronic document). 20. Submit request for certification of the TIF District to the County Auditor. Agreement (Redevelopment TIF District) Page 3 21. File documents for the TIF District with the Office of the State Auditor and the Minnesota Department of Revenue. COMPENSATION NSI will bill the City monthly for actual services performed and reimbursable expenses. NSI will be at an hourly billing rate of $315 per hour. NSI will bill monthly for actual services performed and reimbursable expenses, including printing, mileage, and any other expenses incurred by NSI directly related to the Project. The City may at its discretion authorize NSI to undertake additional tasks for the Project beyond the tasks listed above. NSI will bill any additional planning services monthly at a rate of $315 per hour. Invoices will detail the work performed, requested compensation for the period. ASSIGNED NSI EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omdal, Managing Director. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the EDA and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the developer for the Project and by the EDA, and the services provided by NSI are based on current laws of the State of Minnesota. The parties agree that the Minnesota property tax system and other State of Minnesota laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. The EDA recognizes and accepts that future property values, tax levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the EDA or NSI. In the event of early termination by the EDA, NSI shall provide the EDA with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Agreement (Redevelopment TIF District) Page 4 Dated this ___ day of _______________, 2025. Northland Securities, Inc. By: ______________________________ Tammy Omdal Managing Director City of Monticello Economic Development Authority By: _____________________________ _____________________________ Title EDA: 02/12/2025 1 4G. Consideration of approving a Contract with Northland Securities, Inc. (NSI) in the amount of $14,175 for Financial Planning Services related to establishing an Economic Development Tax Increment Financing (TIF) District in Support of Karlsburger Foods Expansion proposal Prepared by: Economic Development Manager Meeting Date: 2/12/25 ☐ Regular Agenda Item ☒ Consent Agenda Item Reviewed by: Community Development Director, Community Economic Development Coordinator, Finance Director Approved by: City Administrator ACTION REQUESTED: Motion to approve NSI Financial Planning Agreement for services related to creation of an Economic Development TIF District in connection with potential redevelopment of Block 34. Motion of other as determined by the EDA. REFERENCE AND BACKGROUND: The EDA is asked to consider approving a specific project-based Contract with Northland Securities, Inc. (NSI) related to potential creation of an Economic Development Tax Increment Financing (TIF) District in support of the Karlsburger Foods facility located at 3236 Chelsea Road. Staff requested the proposed contract with NSI to allow work tasks to begin related to financial planning and analysis services as well as guidance in the required steps in establishing a new Economic Development TIF District in connection with the recent concept expansion proposal submitted by Karlsburger Foods. The attached proposal outlines specific services related to development parcel valuation data, review of the proposed financing structure, the project pro forma and preparation of the critical “but for” findings. It also covers formatting and distribution of various notices, planning documents, completion of a TIF Plan and attendance at key meetings. It does not include legal documents such as resolutions and development agreements. Ultimately, if a new Economic Development TIF District is not approved by the City Council and the EDA, NSI will only bill for actual work performed based on an hourly rate of $315. NSI will also coordinate with the EDA legal counsel as required for the project. I. Budget Impact: The funds to pay for the proposed NSI contract will come from the expected $15,000 TIF application fee from Karlsburger Foods submittal. Additional costs beyond the initial TIF fee will be invoiced to the developer as per NSI service EDA: 02/12/2025 2 invoices. Fees incurred for legal documents, contracts, resolutions, etc. related to establishing the TIF District are not included in the NSI services contract. Those costs will be split out and will also be invoiced to the developer. The NSI contract falls in the professional services category, so competitive quotes are not required for this consideration. II. Staff Impact: TIF Districts are complicated tax-based financial assistance tools used to support new economic development proposals. There are several legal and critical financial review steps that are required in establishing a new TIF District. Under the proposed contract, NSI will analyze property value and financing data and prepare a TIF Plan specifically tailored to the proposal and the development site. They will also prepare the essential “but-for” findings. In-house staff will support and collaborate with NSI by providing application submittal materials and guidance related to EDA discussions regarding potential TIF assistance for the Karlsburger Foods expansion proposal. III. Comprehensive Plan Impact: Entering into the NSI TIF Services contract is critical to completing the essential work components involved in establishing an Economic Development TIF District. The Monticello 2040 Vision + Plan identifies a City and EDA goal of attracting or retaining businesses to create a vibrant and dynamic economy and expand the local tax base and create new jobs. The Plan further encourages the use of various economic development tools to accomplish these objectives. The potential use of an Economic Development TIF District to support the concept Karlsburger Foods expansion proposal is in full alignment with those goals. STAFF RECOMMENDATION: Staff recommend the EDA authorize the proposed NSI Professional Services contract. The NSI Financial Planning Services Agreement is essential to ensure the EDA stays within the bounds of all required steps and notices when creating a new TIF District. TIF districts have impacts across several taxing jurisdictions (city, school district and county). Therefore, it is important that staff have the support of consultants such as NSI to perform specialized TIF Plan analytical work and preparation of specific documents that are required in creating a new TIF District. NSI has completed similar types of work for the EDA over the past several years as it has established new TIF Districts and staff has full confidence in NSI’s ability to accomplish the proposed TIF work related to the potential Karlsburger Foods expansion project. SUPPORTING DATA: a. NSI Financial Planning Services Agreement – Economic Development TIF District Agreement (Economic Development TIF) Page 1 FINANCIAL PLANNING AGREEMENT BY AND BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND NORTHLAND SECURITIES, INC. TAX INCREMENT FINANCING (ECONOMIC DEVELOMENT) DISTRICT NO. 1-48 This Agreement made and entered into by and between the City of Monticello Economic Development Authority, Minnesota (hereinafter the "EDA") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). WITNESSETH WHEREAS, the EDA desires to use the services of NSI for financial planning assistance related to the proposed establishment of a Tax Increment Financing (Economic Development) District No. 1-48 (the “TIF District”) to provide financial assistance to a private company for the construction of a building expansion (the “Project”). WHEREAS, the Project is intended solely for financial planning and NSI is not providing advice on the timing, terms, structure or similar matters related to a specific bond issue. WHEREAS, NSI desires to furnish services to the EDA as hereinafter described. NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work will undertake the process and financial planning to establish the TIF District. Legal services to draft or review the plan for the establishment of the TIF District (the “TIF Plan”), resolutions, and agreements are not provided by NSI and are not subject to this agreement. NSI will provide the following services: 1. Collect data for the TIF District and the Project, including: a. Parcel identification numbers for all parcels within the Development District and the TIF District. b. Estimated market value and tax capacity value for all parcels within the TIF District. c. Current property tax rates for all jurisdictions. d. Map showing project location and parcel boundaries. 2. Evaluate and advise the EDA on the type of tax increment financing district and provide guidance on statutory findings. 3. Collect data about the Project, including: a. Type, size, value, and timing of proposed development. b. Activities and estimated costs (project budget) to be paid by the TIF District. Agreement (Economic Development TIF) Page 2 4. Review basis for findings for establishing TIF District, including: a. Statutory criteria for proposed district. b. Developer justification (“but for”) for the use of tax increment. c. Review and analyze Developer construction pro forma and operating pro forma for the Project. d. Prepare memorandum for the EDA presenting the findings. 5. Review and analyze developer financial information, including project pro forma, and other relevant information provided by the developer. 6. Prepare memorandum for the EDA with the results of the evaluation of the information provided by the developer and the need for financial assistance as requested by the developer. 7. Determine basic understanding of key criteria for the process including: a. Boundaries of Development District and the TIF District. b. Specific development objectives to address in the planning documents beyond the Project, including decertification of an existing tax increment financing district. 8. Obtain any additional data not collected in item #1, including: a. Building permits issued for parcels in the TIF District over the past 18 months. b. Current comprehensive plan. 9. Set and distribute calendar of meetings and key dates. 10. Assist with preparation of notice of hearing and comply with statutory requirements for mailing and publication. 11. Assist the EDA’s attorney with drafting of the development agreement for the Project. 12. Prepare planning documents including modification of the Redevelopment Project, if necessary, and Tax Increment Financing Plan for the TIF District. 13. Distribute draft planning documents with letter of explanation and other supporting information to the county and the school district. 14. Assist with preparation of resolutions authorizing the TIF District and approving the TIF Plan. 15. Prepare and distribute resolution for planning commission findings, if necessary (scope does not include NSI attendance at planning commission meeting). 16. Prepare and distribute packet for public hearing including the TIF Plan and approving resolution and interfund loan resolutions (if loan is proposed). 17. Attend and facilitate the EDA meeting to consider approval of the TIF District and agreement for the Project. 18. Assist City staff in preparing presentation for the public hearing and City Council meeting Agreement (Economic Development TIF) Page 3 to consider approval of the TIF District. 19. Prepare electronic transcript of documents for the establishment of the TIF District. 20. Submit request to the county for certification of the TIF District. 21. File district with the Office of the State Auditor and the State of Minnesota. COMPENSATION NSI will bill the City monthly for actual services performed and reimbursable expenses. NSI will be at an hourly billing rate of $315 per hour. NSI will bill monthly for actual services performed and reimbursable expenses, including printing, mileage, and any other expenses incurred by NSI directly related to the Project. The City may at its discretion authorize NSI to undertake additional tasks for the Project beyond the tasks listed above. NSI will bill any additional planning services monthly at a rate of $315 per hour. Invoices will detail the work performed, requested compensation for the period. ASSIGNED NSI EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omdal, Managing Director. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the EDA and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the developer for the Project and by the EDA, and the services provided by NSI are based on current laws of the State of Minnesota. The parties agree that the Minnesota property tax system and other State of Minnesota laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. The EDA recognizes and accepts that future property values, tax levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the EDA or NSI. In the event of early termination by the EDA, NSI shall provide the EDA with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Agreement (Economic Development TIF) Page 4 Dated this ___ day of _______________, 2025. Northland Securities, Inc. By: ______________________________ Tammy Omdal Managing Director City of Monticello Economic Development Authority By: _____________________________ ________________________________ Title EDA Agenda: 2/12/25 6A. Consideration of Authorizing a Professional Services Contract with WSB & Associates to complete a Phase II ESA (Environmental Site Assessment) in the amount of $18,200 for 216 Pine Street and on adjacent City owned parcel PID # 155010034020. Prepared by: Economic Development Manager Meeting Date: 2/12/25 ☒ Regular Agenda Item ☐ Consent Agenda Item Reviewed by: Community Development Director, Community Economic Development Coordinator Approved by: City Administrator ACTION REQUESTED Motion to authorize a professional services contract with WSB & Associates for completion of a Phase II ESA (Environmental Site Assessment) in the amount of $18,200 for 216 Pine Street and on adjacent City owned parcel (PID # 155010034020). Motion of other. REFERENCE AND BACKGROUND The EDA is asked to consider entering into a professional services contract with WSB & Associates for a Phase II Environmental Site Assessment (ESA) at 216 Pine Street in Block 34 as well as on an adjacent City owned parcel. The EDA previously authorized WSB & Associates to complete a Phase I ESA for 216 Pine Street in early 2024, after the EDA purchase of the former Finders Keepers property. The Phase I report indicated a need to further investigate an identified REC (Recognized Environmental Condition) on the northern edge of the parcel due to a gas station previously being located north of the site at the corner of Pine Street and Broadway East. Staff believe it is prudent to expand the area of the Phase II study to include the City owned parcel located to the east of 216 Pine Street. As a reminder the EDA acquired 216 Pine Street in late October 2023 for the purpose of assembling land for potential redevelopment activities in Block 34. In order to proceed with the next redevelopment planning steps in Block 34, a Phase II ESA is required for this particular site/area to understand if contamination is present, and if so, to what extent and what mitigation or removal processes will be required, if any. A Phase II ESA involves drilling, boring, and probing activities, and specifically for this site, to a depth of 16 feet. Soil and groundwater samples will be collected from each boring. A site map is included in the proposal showing six bore locations, three on the EDA property and three on the City owned site. These boring and sample collection activities will be completed in one day. EDA Agenda: 2/12/25 A final Phase II report will be delivered to the EDA approximately five weeks from completion of the site investigation activities. It will summarize completed activities and provide information about the investigation findings as well as outline contamination mitigation recommendations as appropriate. The WSB & Associates Phase II ESA proposal for this area of Block 34 is attached to this report as exhibit A. It should be noted that WSB is the City’s designated Environmental Studies- Review consultant. I. Budget Impact: The budget impact related to the proposed Phase II ESA is $18,200. The adopted 2025 EDA General Fund budget contains a line item related to redevelopment activities. This line is sufficient to cover the cost for completion of the Phase II study. II. Staff Workload Impact: The Community Development Director and Economic Development Manager have committed time to completing tasks related to the proposed environmental studies. Those tasks include discussions with the consultant regarding the desired scope of work tasks and the optimal timeline of completion. Additional time toward this effort involves report preparation and EDA meeting presentation. No other staff are required to complete the work in this effort. III. Comprehensive Plan Impact: Completing the Phase II ESA is a required next step as follow up to the ESA Phase I findings identifying a REC in the northern half of the EDA owned and City owned parcel in Block 34. Completing the Phase II ESA will guide the next steps to the Block 34 redevelopment efforts. Redevelopment of Block 34 is identified as a goal within the 2017 Downtown Small Area Plan, an appendix of the Monticello 2040 Vision + Plan, which envision various efforts to create a vibrant Downtown. STAFF RECOMMENDATION Staff recommend the EDA authorize entering into a professional service contract with WSB & Associates for completion of a Phase II ESA for 216 Pine Street and the adjacent City owned parcel. The Phase II ESA will provide information about potential site contaminants and the need for mitigation as appropriate. Ultimately, this information will guide the redevelopment next steps and timeline related to these efforts. Staff are confident in WSB & Associates’ ability to complete the proposed scope of work and provide the final report in a timely manner. SUPPORTING DATA A. WSB & Associates Scope of Work Proposal – Phase II ESA B. Aerial Photo C. Wright County Beacon Property Report 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | MI N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | WS B E N G . C O M January 14, 2025 Jim Thares City of Monticello – Economic Development Manager 505 Walnut Street Monticello, MN 55362 RE: Scope of Work and Cost – Phase II Environmental Site Assessment Block 34 Redevelopment 216 Pine Street and Wright County Parcel 155010034020 Monticello, MN 55362 Dear Mr. Thares: As requested, outlined below is a scope of work and cost estimate to complete a Phase II Environmental Site Assessment (ESA) at 216 Pine Street and the east adjoining vacant parcel (Wright County Parcel 155010034020), located at the southwestern portion of Block 34 in downtown Monticello (Site). WSB understands a new 10,000 square foot office building is proposed at the Site. WSB has provided the City of Monticello (City) with environmental assessment, investigation, and construction oversight services across Block 34 dating back to 2014. WSB recently completed a Phase I ESA report dated March 13, 2024, for the 216 Pine Street parcel (2024 Phase I ESA). The 2024 Phase I ESA identified the following recognized environmental condition (REC) associated with 216 Pine Street: • REC-1: Adjoining Contamination Impacts Previous investigations completed at the north adjoining parcel at 100 Broadway Street East identified petroleum and nonpetroleum impacts to soil. The north adjoining parcel was formerly occupied by a gasoline station and auto garage (Phillips 66 Station) from approximately the 1930s until the mid-1970s. A petroleum leak (LS0019812) was discovered at the adjoining parcel during building demolition in 2015. Subsequently, a contamination cleanup was performed at the western portion of the adjoining parcel during an intersection improvements project in 2016. Confirmation samples collected from the remaining in place soil near the northern 216 Pine Street parcel boundary identified elevated diesel range organics (DRO) and benzo(a)pyrene (BaP) equivalent impacts above regulatory thresholds in the upper four feet of soil. Based on proximity, it is likely that petroleum and nonpetroleum impacts to soil are present at the northern portion of the 216 Pine Street parcel. The likely presence of soil impacts requiring response actions during redevelopment at the northern portion of the 216 Pine Street parcel was identified as a REC. The purpose of the Phase II ESA is to: 1) Determine if the REC identified in the 2024 Phase I ESA has resulted in subsurface impacts at the northern portion of the 216 Pine Street parcel; and 2) Provide further environmental data at the Site, specifically targeting the proposed office building footprint. WSB understands the Phase II ESA findings will be used for environmental planning and budgeting purposes associated with the proposed Site redevelopment. The following tasks are proposed as part of this scope of work: Mr. Jim Thares January 14, 2025 Page 2 SOIL BORINGS WSB will advance push-probe soil borings at the Site and collect soil, groundwater and soil vapor samples for laboratory analyses. A map showing the proposed environmental boring locations is attached. The soil boring activities will include: • Complete private and public utility locates. • Advance six borings (EB-1 through EB-6) to depths of up to 16 feet below grade for the collection of soil and groundwater samples. Temporary monitoring wells will be installed at each boring location. • Advance four soil vapor borings (SV-1 through SV-4) to depths of up to eight feet below grade for the collection of soil vapor samples. • Screen soils using a photoionization detector (PID) equipped with a 10.6 electron volt (eV) lamp and for visual and olfactory indications of contamination (e.g., staining, petroleum/chemical odors, debris, etc.). • Record general soil classifications/observations on a field log. • Seal borings per Minnesota Department of Health (MDH) requirements. • Use Global Positioning System (GPS) technology to record boring locations. SOIL, GROUNDWATER AND SOIL VAPOR SAMPLING WSB will collect soil, groundwater and soil vapor samples during the investigation in accordance with Minesota Pollution Control Agency (MPCA) guidance. The samples will be analyzed for compounds commonly associated with the REC identified in the 2024 Phase I ESA and to assist with future landfill waste approval efforts if needed during Site redevelopment activities. The soil, groundwater and soil vapor samples collected from the borings will be submitted to an MDH- certified analytical laboratory for analysis of one or more of the following: Soil • DRO by the Wisconsin Modified Method (up to 12 samples) • Gasoline range organics (GRO) by the Wisconsin Modified Method (up to 12 samples) • Volatile organic compounds (VOCs) by EPA Method 8260D (up to 12 samples) • Polycyclic aromatic hydrocarbons (PAHs) by EPA Method 8270E SIM (up to 12 samples) • Resource Conservation and Recovery Act Metals (RCRA Metals) by EPA Method 6020B/7471B (up to 12 samples) Groundwater • DRO by the Wisconsin Modified Method (up to six samples) • GRO by the Wisconsin Modified Method (up to six samples) • VOCs by EPA Method 8260D (up to six samples) • PAHs by EPA Method 8270E SIM (up to six samples) • Dissolved RCRA Metals by EPA Method 6020B/7471B (up to six samples) Soil Vapor • VOCs by EPA Method TO-15, full scan (up to four samples) REPORTING WSB will summarize the results of the investigation in a final report. At a minimum, the report will include the following: • Scope of work • Sample location map • Sample methods and procedures • Results tables and laboratory analytical reports Mr. Jim Thares January 14, 2025 Page 3 • Investigation results • Recommendations (if requested by the City) • Conclusions ASSUMPTIONS The following items are assumed for this scope of work: • Site access will be facilitated by the City. • The Phase II ESA will be limited to the scoped boring locations and the magnitude and extent of contamination (if discovered) may not be defined. • The proposed boring locations shown on the attached map may need to be moved in the field due to access constraints (e.g., subgrade utility conflicts). • Based on information included in the 2024 Phase I ESA, groundwater is assumed to be present in the upper 16 feet below grade at the Site. Even if groundwater is not encountered, the borings will not be advanced deeper than 16 feet below grade. • WSB will contract an analytical testing firm for soil, groundwater and soil vapor sample analysis. The laboratory samples will be analyzed under a standard 7-10 business-day turnaround timeframe. • Up to two soil samples and one groundwater sample will be collected from each soil boring. Up to one soil vapor sample will be collected from each soil vapor boring. • If field indications of contamination are observed during the drilling, additional samples and/or analyses may be recommended. Additional samples and/or analyses beyond those listed above will require additional fees. • WSB will contract an environmental drilling firm to complete the borings. • The drilling will be completed in one workday. • The drill rig may damage sidewalks, parking areas, and/or lawn areas during normal drilling activities. The drilling subcontractor will patch concrete/asphalt as needed, but WSB will not be responsible for costs to restore any Site conditions. • A final report will be delivered within two weeks of receiving the laboratory analytical results. • The City will provide one review/comment of the report. TOTAL COST AND SCHEDULE The cost to perform the above-described Phase II ESA is a lump sum fee of $18,200. If additional work is required beyond this scope, WSB will provide those services on a time and materials basis following approval from the City. Upon authorization, the Phase II ESA will be initiated immediately, and a draft report will be provided within two weeks of receiving the laboratory analytical results. ACCEPTANCE This proposal represents our understanding of the project scope. All work completed through this proposal will be governed by the enclosed General Contract Provisions. If the scope and fee are acceptable, please sign on the space provided and return one copy to WSB. We are available to begin work once we receive signed authorization. WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. If you have any questions about this proposal, please feel free to contact Ben Fehr at bfehr@wsbeng.com or 612-248-7007. Mr. Jim Thares January 14, 2025 Page 4 Sincerely, WSB Ben Fehr Ryan Spencer, CHMM Project Manager Director of EIR __________________________________________________________________ Enclosures Proposed Boring Map WSB 2025 Rate Schedule WSB General Contract Provisions SIGNATURE I hereby authorize the above scope of work, schedule, and cost. _________________________________________ Name (Print) _________________________________________ Signature _________________________________________ Date Wright County, MN Developed by Date created: 1/14/2025 Last Data Uploaded: 1/14/2025 9:28:18 AM 64 ft Overview Legend Highways Interstate State Hwy US Hwy Roads City/Township Limits c t Parcels Torrens 2025 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $195 - $281 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $195 - $251 PROJECT MANAGER $171 - $191 PROJECT ENGINEER | GRADUATE ENGINEER $115 - $190 PROJECT MANAGER ASSISTANT $95 - $155 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $76 - $189 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $86 - $182 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $77 - $180 PLANNER | SR. PLANNER $89 - $188 GIS SPECIALIST | SR. GIS SPECIALIST $86 - $188 CONSTRUCTION OBSERVER $117 - $152 SURVEY Survey Office Technician $136 - $169 Drone Pilot $197 One-Person Crew $197 Two-Person Crew $265 OFFICE TECHNICIAN $67 - $147 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN  Page 1  WSB LLC EXHIBIT A GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT ARTICLE 1 – PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 – ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 – SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 – JOBSITE SAFETY Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees and subconsultants at a construction/project site, shall impose any duty on the Consultant, nor relieve the general contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the general contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with the general contractor. ARTICLE 5 – OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor’s methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN  Page 2  accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 – PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN  Page 3  Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. ARTICLE 9 – HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant’s services to be provided under this Agreement. ARTICLE 10 – INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. ARTICLE 11 – TERMINATION OR SUSPENSION If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN  Page 4  ARTICLE 12 – INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant’s negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client’s negligence or willful misconduct. ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and the Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. ARTICLE 15 – ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 – CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 18 – LIMITATION OF LIABILITY To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys' fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the project or Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN  Page 5  the Agreement from any cause or causes shall not exceed $20,000. It is intended that this limitation apply to any and all liability or cause of action, including without limitation active and passive negligence however alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the amount of available insurance proceeds. ARTICLE 19 – CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of Minnesota. ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 21 – ACCESS TO SITE Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work. ARTICLE 22 - SAMPLE DISPOSAL All environmental samples (“Samples”) collected by Consultant are sent to and analyzed by a third-party laboratory, and all such Samples shall be disposed of according to the third-party laboratory’s policies. ARTICLE 23 – EXPERT WITNESS AND SUBPOENA FEES Consultant shall not be retained as an expert witness except by separate, written agreement. The Client agrees to pay Consultant’s costs to respond to any subpoena related to the work performed under this Agreement, including attorneys’ fees and administrative costs. Article 24 – FIDUCIARY RELATIONSHIP Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement creates a fiduciary relationship between Consultant and Client. Wright County, MN Block 34 Created by: City of Monticello Overview Multi Parcel Instr Type Qualied Sale Sale Date Book Page Sale Type Buyer Seller Sale Price Adjusted Sale Price eCRV #eCRV Sale Type S.S. Rcmd.S.S. Rjt. Rsn. Transact Num N WD U 10/31/2023   I- Improved CITY OF MONTICELLO EDA JAMES B & CHERYL A WOLFF $465,000 $465,000  1596185 I 1 03B- GOVERNMENT   N WD U 4/21/2005   I-Improved WOLFFJAMES USBANKNA $145,000 $145,000 95623  I  14-CFD/INT PA 95623   2024 Assessment 2023 Assessment 2022 Assessment 2021 Assessment 2020 Assessment +Estimated Land Value $201,600 $155,300 $116,100 $116,000 $116,000 +Estimated Building Value $160,900 $160,900 $128,000 $121,000 $114,000 +Estimated Machinery Value $0 $0 $0 $0 $0 =Total Estimated Market Value $362,500 $316,200 $244,100 $237,000 $230,000 %Change 14.64%29.54%3.00%3.04%0.00%   2024 Payable 2023 Payable 2022 Payable 2021 Payable  Estimated Market Value $316,200 $244,100 $237,000 $230,000 -Excluded Value $0 $0 $0 $0 -Homestead Exclusion $0 $0 $0 $0 =Taxable Market Value $316,200 $244,100 $237,000 $230,000         Net Taxes Due $6,160.24 $4,675.26 $5,196.27 $4,985.27 +Special Assessments $643.76 $666.74 $689.73 $712.73 =Total Taxes Due $6,804.00 $5,342.00 $5,886.00 $5,698.00 %Change 27.37%-9.24%3.30%-2.00% Payment #Receipt #Receipt Print Date Amt Write Off Amt Charge Amt Payment 1069136  6/25/2024 $0.00 $0.00 $6,804.00 1070828  6/25/2024 $0.00 $0.00 ($6,804.00) 1069136  5/23/2024 $0.00 $0.00 ($6,804.00) 955113  10/5/2023 $0.00 $0.00 ($2,671.00) 865353  5/3/2023 $0.00 $0.00 ($2,671.00) 840493 1804486 10/17/2022 $0.00 $0.00 ($2,943.00) 777526 1770104 5/13/2022 $0.00 $0.00 ($2,943.00) 710329 1729213 10/14/2021 $0.00 $0.00 ($2,849.00) 650604 1694778 5/12/2021 $0.00 $0.00 ($2,849.00) 590250 1655320 10/15/2020 $0.00 $0.00 ($2,907.00) 529079 1620971 5/14/2020 $0.00 $0.00 ($2,907.00) 462591 1580499 10/16/2019 $0.00 $0.00 $0.00 404257 1540519 5/13/2019 $0.00 $0.00 $0.00 Summary Parcel ID 155010034010Property Address 216 PINE STMONTICELLO MN 55362 Sec/Twp/Rng 11-121-025Brief TaxDescription SECT-11 TWP-121 RANGE-025 ORIGINAL PLAT MONTICELLOLOT-001 BLOCK-034(Note: Not to be used on legal documents) Class 958 - 5E MUNICIPAL-PUBLIC SERVICE-OTHER District (1101) CITY OF MONTICELLO-0882School District 0882(Note: Class refers to Assessor's Classication Used For Property Tax Purposes) Sales Valuation Taxation Taxes Paid Sketches Wright County, MN Map The information provided on this site is intended for reference purposes only. The information is not suitable for legal, engineering, or surveying purposes. Wright County does not guarantee the accuracy of the information contained herein. |  User Privacy Policy |  GDPR Privacy Notice Last Data Upload: 2/5/2025, 10:46:19 AM Contact Us Developed by EDA Agenda: 2/12/25 6B. Consideration of Authorizing a Professional Services Contract with LHB, Inc. in an amount not to exceed $20,600 to complete a Blight and Substandard Findings TIF Analysis related to potential Block 34 redevelopment activities Prepared by: Economic Development Manager Meeting Date: 2/12/25 ☒ Regular Agenda Item ☐ Consent Agenda Item Reviewed by: Community Development Director, Community Economic Development Coordinator Approved by: City Administrator ACTION REQUESTED Motion to authorize a professional services contract with LHB, Inc. in an amount not to exceed $20,600 to complete a Blight and Substandard Findings TIF Analysis related to potential Block 34 redevelopment activities. Motion of other. REFERENCE AND BACKGROUND Based on the EDA’s recent authorization to seek a proposal and a quote from LHB Inc, for the Blight and Substandard TIF Analysis, the EDA is asked to consider entering into a professional services contract with LHB, Inc. to complete a Blight and Substandard Findings TIF Analysis related to potential Block 34 redevelopment activities. Blight and Substandard TIF Analysis findings are required to determine if it is feasible to establish a TIF Redevelopment District in Block 34. Per Minnesota Tax Increment Financing (TIF) Statutes, and as noted in Section III and IV of the LHB proposal, certain thresholds of site coverage (previous development including paved parking areas) and blight-substandard conditions must be documented as being prevalent in a specific geographic target area. The blight and substandard conditions then serve as justification for using TIF as a public financial assistance tool. LHB Inc. is one of the only firms in the region that completes Blight and Substandard TIF Analysis reports and in its proposal points out that it has significant experience in completing these reports used to establish over 430 TIF Districts in Minnesota. A partial list of similar work completed in other cities throughout the region is noted on page 1. LHB Inc’s proposal and quote contains work tasks identified in the Scope of Services (page 2 and 3). Specific work tasks include site survey work, building inspections, and final report preparation. The scope includes inspection of up to seven (7) properties located in Block 34. EDA Agenda: 2/12/25 I. Budget Impact: The budget impact related to the LHB Inc. Blight and Substandard TIF Analysis proposal is up to $20,600. The proposal identifies the first phase of work tasks at a cost of $17,400 and a potential second phase of work tasks at a cost of $3,200. The combined not to exceed price for the proposed scope of services is $20,600. The adopted 2025 EDA General Fund budget includes a line item related to Redevelopment Activities. This line item is sufficient to cover the cost for completion of the Blight and Substandard TIF Analysis report. II. Staff Workload Impact: The Community Development Director and Economic Development Manager have committed time to completing tasks related to the proposed environmental studies. Those tasks include discussions with the consultant regarding the desired scope of work tasks and the optimal timeline of completion. Additional time toward this effort involves report preparation and EDA meeting presentation. No other staff are required to complete the work in this effort. III. Comprehensive Plan Impact: Completing the Blight and Substandard TIF Analysis report is a requirement in order to move forward with establishment of a Redevelopment TIF District. The findings in this report will guide the next steps to the Block 34 redevelopment efforts. Redevelopment of Block 34 is identified as a goal within the 2017 Downtown Small Area Plan, an appendix of the Monticello 2040 Vision + Plan, which envision various efforts to create a vibrant Downtown. STAFF RECOMMENDATION Staff recommend the EDA authorize entering into a professional service contract with LHB Inc. for completion of a Blight and Substandard TIF Analysis report which is required step to establish a Redevelopment TIF District. LHB Inc. has completed similar Blight and Substandard TIF Analysis reports for the EDA in the past including Block 52 in 2022 and previously for Block 34 in early 2015. Staff are confident in LHB Inc.’s ability to complete the proposed scope of work and provide the Blight and Substandard TIF Analysis report to the EDA in a timely manner. SUPPORTING DATA A. LHB Inc. Scope of Work Proposal – Blight and Substandard TIF Analysis Report B. Aerial Photo – Block 34 February 3, 2025 Jim Thares Economic Development Manager City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 AGREEMENT FOR INVESTIGATIVE SERVICES BLOCK 34 TIF ANALYSIS Thank you for the opportunity to submit our proposal to provide a TIF analysis for Block 34 in Monticello, Minnesota. LHB is a full-service architecture, planning, and engineering firm with a total of 260 staff located in our Minneapolis, Duluth, and Cambridge, Minnesota, and Superior, Wisconsin offices. Our Government Studio has extensive experience working with local governments on their planning, design, architectural and engineering needs. Having been personally involved on various city councils and planning commissions, I understand how cities function and the importance of maintaining the support of appointed and elected officials and community throughout the process. Below outlines our previous experience, team credentials, and scope of services. This proposal, if approved, will serve as the Agreement between LHB and Client. I. PREVIOUS EXPERIENCE LHB has significant experience with a variety of inspection and facility assessment projects, including the analysis of over 430 TIF Districts. Some examples include:  City of Columbia Heights TIF Inspection Services  City of St. Paul TIF Inspection Services  City of St. Anthony Village, NW Quadrant TIF Inspection Services  City of St. Louis Park TIF Inspection Services  City of Mount TIF District “1-2” Inspection Services  City of Osseo TIF Inspection Services  City of New Richmond (Wisconsin) TIF Inspection Services  Minnesota State System Facility Assessments  State of Minnesota Facility Assessments  Property Condition Assessments for the St. Paul Department of Planning and Economic Development (Franklin/Emerald Neighborhood)  Condition Surveys for every DNR Facility in the State of Minnesota, 2014 BLOCK 34 TIF ANALYSIS PAGE 2 CITY OF MONTICELLO Professional Services Agreement Page 2 of 5 Investigative Services-Tif Analysis Form LHB V2.0 04/2022 II. TEAM CREDENTIALS Michael A. Fischer, AIA, LEED AP – Project Principal/TIF Analyst Michael is a Principal and Vice President at LHB, with over 38-years of experience serving as a Project Principal, Project Manager, Project Designer and Project Architect on planning, urban design, educational, commercial, and governmental projects, he has become an expert on Tax Increment Finance District (TIF) analysis assisting over 125 cities with strategic planning for TIF Districts. Michael completed a two-year Bush Fellowship, studying at MIT and Harvard in 1999, earning master’s degrees in City Planning and Real Estate Development from MIT. He has served on more than 50 committees, boards, and community task forces, including City Council President in Superior, Wisconsin, Chair of the Duluth/Superior Metropolitan Planning Organization, and Chair of the Edina, Minnesota Planning Commission. Most recently, he served as a member of the Edina city council and Secretary of the Edina HRA. Michael has also managed and designed several award-winning architectural projects and was one of four architects in the Country to receive the AIA Young Architects Citation in 1997. Phil Fisher - Inspector For 35-years, Phil worked in the field of Building Operations in Minnesota including White Bear Lake Area Schools. At the University of Minnesota, he earned his Bachelor of Science in Industrial Technology. He is a Certified Playground Safety Inspector, a Certified Plant Engineer, and trained in Minnesota Enterprise Real Properties (MERP) Facility Condition Assessment (FCA). His FCA training was recently applied to the Minnesota Department of Natural Resources Facilities Condition Assessment project involving over 2,000 buildings. III. SCOPE OF SERVICES 1. Survey the TIF District to Determine if it Meets Applicable Coverage Test a. To meet the coverage test, parcels consisting of 70 percent of the area of the district must be “occupied” by buildings, streets, utilities, or paved or gravel parking lots. b. A parcel is not considered “occupied” unless at least 15 percent of its total area contains improvements. 2. Conduct Visual Review of Building Interior and Exterior a. Obtain property owner’s consent for inspection. b. Document property conditions relative to Minnesota Statutes Section 469.174 Subdivision 10. 3. Estimate Building Replacement Cost a. Replacement cost is the cost of constructing a new structure of the same square footage and type on the site. b. A base cost will be calculated by establishing the building class, type, and construction quality. c. Identify amenities, which increase the value of the building over the standard construction quality level. d. Review building permits for each parcel. e. The base cost and cost of amenities will be totaled to determine the replacement cost for the property. 4. Evaluate Building Existing Condition a. Evaluate condition of the building based on Minnesota Statutes Section 469.174 Subdivision 10 definition of structurally substandard: i. “Structurally substandard shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects, or deficiencies are of sufficient total significance to justify substantial renovation or clearance.” BLOCK 34 TIF ANALYSIS PAGE 3 CITY OF MONTICELLO Professional Services Agreement Page 3 of 5 Investigative Services-Tif Analysis Form LHB V2.0 04/2022 5. Determine Building(s) Code Deficiencies a. Determine technical conditions, which are not in compliance with current building code applicable to new buildings. b. Provide opinion of probable cost to correct identified deficiencies. c. Compare cost of deficiency corrections to replacement value of building. 6. Prepare and Deliver Report: a. Full Redevelopment TIF Report b. Deliver final reports in .pdf format via Email. IV. ASSUMPTIONS 1. The preliminary boundaries of the district are as follows: a. Seven buildings and one outbuilding on approximately twelve parcels within Block 34 in Monticello, Minnesota. b. LHB proposes to inspect and complete building reports for up to four buildings. LHB will also re-inspect and update previous building reports for up to three buildings. 2. Client will provide the following: a. A list of all parcels affected, including name of owner and current known business or resident name and address. b. Available information regarding the requirements of the engagement, and reports on the condition of the structures. 3. LHB shall be entitled to rely upon the information provided by the Client. 4. A building is not considered structurally substandard if it is in compliance with building code applicable to new buildings or could be modified to satisfy the code at a cost which is less than 15 percent of its replacement cost. V. STANDARD OF CARE LHB shall perform its services consistent with the professional skill and care ordinarily provided by other professionals practicing in the same or similar locality under the same or similar circumstances. LHB shall perform its services in a timely manner consistent with the professional skill and care required for the orderly progress of the engagement. Any report prepared by LHB represents a professional opinion based upon information available and arrived at in accordance with generally accepted professional standards. Other than as contained in the report, LHB makes no express or implied warranty. Short of complete deconstruction to examine every element at every location, no assessment can reveal all conditions which may exist. Additional testing, assessment, or demolition may uncover conditions which would make it necessary to modify LHB’s conclusions or recommendations. Any report prepared for the purpose described in this Agreement is for the exclusive use by those to whom the report is addressed. LHB will not and cannot be held liable for the unauthorized reliance upon this report by any third party. BLOCK 34 TIF ANALYSIS PAGE 4 CITY OF MONTICELLO Professional Services Agreement Page 4 of 5 Investigative Services-Tif Analysis Form LHB V2.0 04/2022 VI. COMPENSATION We propose to provide services on an hourly basis with the following key staff:  Project Principal, Michael Fischer $290/hour  Project Manager $185/hour  Project Architect/Inspector $165/hour  Project Coordinator $ 125/hour Compensation shall be on an hourly basis, not to exceed Seventeen Thousand Four Hundred Dollars ($17,400), including reimbursable expenses, for the inspection of up to seven properties and one Final TIF Report. If the redevelopment strategy requires a two-phased redevelopment with two TIF Districts, an additional hourly fee, not to exceed Three Thousand Two Hundred Dollars ($3,200) will be necessary to prepare the second TIF report. VII. PAYMENT TERMS Payments are due and payable upon receipt of our invoice. Unpaid balances 60-days after invoice date shall bear interest at the rate of 8% per annum or 0.67% per month on the unpaid balance. Failure to make timely payment to LHB is a material breach of this Agreement and may, at LHB’s sole discretion, result in a suspension or termination of services, and may, at LHB’s sole discretion, result in the termination of the Client’s limited license authorization to use LHB’s copyrighted Instruments of Service. VIII. ADDITIONAL SERVICES If there is a material change in the circumstances or conditions that affect the scope of work, schedule, allocation of risks or other material terms, LHB shall notify Client. Client and LHB shall promptly and in good faith enter into negotiation to address the changed conditions including equitable adjustment to compensation. The fees and costs for any additional services will be based upon LHB’s 2024 Standard Hourly Rate Schedule and 2024 Reimbursable Expenses Schedule. IX. SCHEDULE LHB can proceed to start the Work upon receipt of a signed copy of this Agreement. The final report typically requires 30 to 45 days to complete from the time we are authorized to start. We can make preliminary conclusions prior to our full report being completed, if necessary, to allow other consultants and the client to begin their work. X. CONSEQUENTIAL DAMAGES LHB and Client waive consequential damages for claims, disputes or other matters in question arising out of, or relating to, this Agreement. BLOCK 34 TIF ANALYSIS PAGE 5 CITY OF MONTICELLO Professional Services Agreement Page 5 of 5 Investigative Services-Tif Analysis Form LHB V2.0 04/2022 XI. LIMITATION OF LIABILITY To the maximum extent permitted by law, Client agrees to limit LHB’s liability for Client’s damages to the sum of Ten Thousand Dollars ($10,000) or LHBs fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. XII. USE OF LHB’S DOCUMENTS The documents prepared by LHB, including Documents in electronic format, are solely for use with respect to this Project. All Documents prepared or furnished by LHB pursuant to this Agreement are the Instruments of Service to the Project and LHB shall retain all common law, statutory and other reserved rights, including copyright. LHB grants to Client a nonexclusive limited license solely for the purposes of evaluating and executing the Project. Client shall not assign, delegate, sublicense, or otherwise transfer any license granted herein to another party. To the extent the documents are transferred or are modified, supplemented or otherwise altered by Client, subsequent design professional, or any other party, Client agrees to indemnify, defend and hold LHB harmless for any claims, demands, damages or causes of action arising out of such transfer or modification, supplementation or alteration. XIII. OTHER CONDITIONS The laws of the State of Minnesota shall govern this Agreement. Any provision of this agreement later held to violate a law or regulation shall be deemed void. All remaining provisions shall continue in force. Client recognizes that materials prepared by others may be subject to copyright protection and warrants to LHB that any documents provided by Client do not infringe upon the copyright held by another. Unless the parties mutually agree otherwise, the parties shall endeavor to settle disputes by mediation. A demand for mediation shall be filed, in writing, within a reasonable period of time after a claim, dispute or other matter in question has arisen. LHB and the Client, acting through the Client’s legal representative, will, to the fullest reasonable extent, cooperate and coordinate efforts in preparing necessary responses to any third-party challenges to the inspections. The Client agrees to pay LHB its regular hourly rates spent as a result of a third-party legal challenge. If the terms and conditions of this Agreement are acceptable, please sign and return a copy to LHB. LHB, INC. CITY OF MONTICELLO Signature Signature Michael Fischer Printed Name Printed Name Its: Vice President Its: Title Title c:\users\mafisch\documents\mike documents\lhb\tif\tif agreements\2025 agreements\monticello block 34 tif analysis 02-03-25.docx Wright County, MN Block 34 Created by: City of Monticello Overview EDA Agenda: 02/12/2025 6C. Consideration of Authorizing Rights of Entry for LHB Inc. and WSB & Associates related to TIF Qualification Inspections and Environmental Investigations in Block 34 Prepared by: Economic Development Manager Meeting Date: 02/12/2025 ☐ Regular Agenda Item ☒ Consent Agenda Item Reviewed by: Community & Economic Development Coordinator Approved by: Community Development Director ACTION REQUESTED Motion to authorize Rights of Entry to LHB Inc. and WSB & Associates and/or its subcontractors (boring equipment firm) into an onto EDA and City owned properties in Block 34 for the purpose of completing TIF qualification inspections and environmental investigations in connection with a potential future Tax Increment Financing District. REFERENCE AND BACKGROUND The EDA is asked to approve Rights of Entry to EDA and City owned Block 34 properties for the purpose of completing TIF qualification inspections and environmental investigations in connection with a potential future Tax Increment Financing District in Block 34. The Rights of Entry are for LHB Inc. and WSB & Associates and their subcontractors. If the EDA approves the recommended action in items 6A. and 6B. which consists of activities involving TIF qualification inspections as well as environmental investigations, then both of those firms will want to begin their separate work tasks in mid-February. By authorizing the Rights of Entry for both LHB Inc and WSB & Associates, it will expedite the process and potentially allow review of their findings at the March or April 2025 EDA meetings. I. Budget Impact: The immediate cost attributed to the EDA connected to the proposed Rights of Entry is minimal. II. Staff Workload Impact: City staff workload related to the proposed Rights of Entry is modest. Staff involved in the Rights of Entry consist of Community Development Director and the Economic Development Manager. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDATION City staff recommend approval of Rights of Entry to LHB Inc. and WSB & Associates and its subcontractor(s) into and onto EDA and City owned properties located in Block 34 for the purpose of completing TIF Qualification Inspections and Environmental investigations. EDA Agenda: 02/12/2025 Authorizing the Rights of Entry at this time will allow necessary pre-development work tasks to be completed in a timely manner with the potential for EDA review of the findings from both of these consultants available at the March or April 2025 meeting. SUPPORTING DATA • Right of Entry – LHB Inc. • Right of Entry - WSB & Associates Page 1 of 2 RIGHT OF ENTRY The City of Monticello Economic Development Authority, hereinafter called "EDA"; does hereby consent and grant to LHB Inc, hereinafter called the “Licensee”, and its agents a license to enter only, for the purpose of performing TIF Qualification Blight Substandard Inspections in connection with completing TIF District Analysis related to potential establishment of a Redevelopment TIF District and across the following described lands situated in the County of Wright, State of Minnesota, to-wit: Block 34 EDA Owned Properties, including buildings noted below:  112 Broadway East – EDA Owned; PID 155010034130  118 Broadway East – EDA Owned; PID 155010034120  130 Broadway East – EDA Owned; PID 155010034102  216 Pine Street – EDA Owned; PID 155010034010  119 – 3rd Street East – City Owned; PID 155010034040   This right to enter shall commence on February 13, 2025, and terminate on June 15, 2025. Licensee shall accept the Premises in “as is” condition and upon the termination of this agreement shall surrender the Premises in substantially the same condition in which it was at the beginning of the occupancy. Licensee or its agents shall perform all activities on the Premises authorized under this licensein a safe and professional manner. Licensee shall indemnify, defend, save, and hold harmless the City and the EDA, its officers and employees from all claims, expenses, losses or liabilities in connection with Licensee’s use of the Premises or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by Licensee or any of its agents or employees. This Agreement is binding upon the parties, their successors in title or interest, assignees, and heirs. Licensee shall not assign any of its rights or responsibilities hereunder without first obtaining the written consent of the Owner. The license granted by this Agreement is a mere license to use the Premises for the specified purposes as set forth herein and does not create any estate or interest in the Premises. Page 2 of 2 (LICENSEE NAME) By _____________________________________ Its _____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by ___________________, the _________________ of _______________, a Minnesota limited liability corporation, on its behalf. __________________________________________ Notary Public CITY OF MONTICELLO By _____________________________________ Jim Thares Economic Dev. Manager/Executive Director, EDA STATE OF MINNESOTA ) ) ss. COUNTY OFWRIGHT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by Jim Thares, the City of Monticello, Economic Development Manager and Executive Director of the EDA, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council and Economic Development Authority. ________________________________________ Notary Public This instrument was drafted by: City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Page 1 of 2 RIGHT OF ENTRY The City of Monticello Economic Development Authority, hereinafter called "EDA"; does hereby consent and grant to LHB Inc, hereinafter called the “Licensee”, and its agents a license to enter only, for the purpose of performing TIF Qualification Blight Substandard Inspections in connection with completing TIF District Analysis related to potential establishment of a Redevelopment TIF District and across the following described lands situated in the County of Wright, State of Minnesota, to-wit: Block 34 EDA Owned Properties, including buildings noted below:  216 Pine Streeet – EDA Owned; PID 155010034010  Parking lot of 119 – 3rd Street East – City Owned; PID 155010034020   This right to enter shall commence on February 13, 2025, and terminate on June 15, 2025. Licensee shall accept the Premises in “as is” condition and upon the termination of this agreement shall surrender the Premises in substantially the same condition in which it was at the beginning of the occupancy. Licensee or its agents shall perform all activities on the Premises authorized under this licensein a safe and professional manner. Licensee shall indemnify, defend, save, and hold harmless the City and the EDA, its officers and employees from all claims, expenses, losses or liabilities in connection with Licensee’s use of the Premises or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by Licensee or any of its agents or employees. This Agreement is binding upon the parties, their successors in title or interest, assignees, and heirs. Licensee shall not assign any of its rights or responsibilities hereunder without first obtaining the written consent of the Owner. The license granted by this Agreement is a mere license to use the Premises for the specified purposes as set forth herein and does not create any estate or interest in the Premises. (LICENSEE NAME) Page 2 of 2 By _____________________________________ Its _____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by ___________________, the _________________ of _______________, a Minnesota limited liability corporation, on its behalf. __________________________________________ Notary Public CITY OF MONTICELLO By _____________________________________ Jim Thares Economic Dev. Manager/Executive Director, EDA STATE OF MINNESOTA ) ) ss. COUNTY OFWRIGHT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by Jim Thares, the City of Monticello, Economic Development Manager and Executive Director of the EDA, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council and Economic Development Authority. ________________________________________ Notary Public This instrument was drafted by: City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 EDA Agenda: 02/12/2025 6D. Consideration Authorizing a Loan Subordination Agreement between the EDA and First Dakota National Bank in connection with the EDA GMEF Loan to RRG Holdings, LLC (Good Day Car Wash Car) and a proposed refinancing of primary lender mortgage debt against the real property at 1301 Cedar Street Prepared by: Economic Development Manager Meeting Date: 02/12/2025 ☒ Regular Agenda Item ☐ Consent Agenda Item Reviewed by: Community & Economic Development Coordinator Approved by: Community Development Director ACTION REQUESTED Motion to authorize a Loan Subordination Agreement between the EDA and First Dakota National Bank in connection with the EDA GMEF Loan to RRG Holdings, LLC (Good Day Car Wash Car) due to a proposed refinancing of primary lender mortgage debt against the real property at 1301 Cedar Street REFERENCE AND BACKGROUND The EDA is asked to consider authorizing a loan subordination agreement between it and First Dakota National Bank, Sioux Falls, SD, allowing the Bank to place a refinance first mortgage lien against the car wash operator’s real property owned by RRG Holdings, LLC located at 1301 Cedar Street. The loan subordination will allow a proposed refinancing of the mortgage debt against the car wash property to occur. A summary letter of the proposed subordination in the context of the history of financing as well as the proposed refinancing activity is attached to this staff report. Currently, the EDA is in a second mortgage lien position against the real property. The property has a real estate value of $4,360,000 as well as FF&E value of $1,060,000 with a total “As Is Going Concern Value” of $9,750,000. The property has a superior physical location versus other car wash operators in terms of visibility and accessibility. Though City staff did not complete an in-depth analysis of the cash flow of the car wash operations, the following points should be noted as the EDA considers the subordination request. The borrowing entity has a positive loan payment track record, and the car wash ownership group has a very strong financial standing as indicated in the individual Personal Financial Statements (PFS). Even with a relatively low risk status for this GMEF Loan which originated in September 2021, it remains the EDA’s option and/or preference as to subordinating its debt (loan balance of $102,092.66) or request a payoff. It should be noted EDA Agenda: 02/12/2025 that the individuals involved in the ownership group have all signed Personal Guarantee documents along with the RRG Holdings, LLC mortgage against the property as collateral. If the EDA approves the subordination, the GMEF loan would be a junior lien against the real property and subordinate to the new first mortgage financing provided by First Dakota National Bank and totaling $6,289,000. A snapshot of the proposed LTV ratio is shown below.  Proposed total mortgage debt = $6,412,000  Proposed LTAIGCV ratio = 65.5 percent I. Budget Impact: The immediate cost attributed to the EDA connected to the proposed Interfund loan resolution is estimated to be about $635.00 +/. This cost is related to EDA attorney services reviewing the proposed subordination document and providing guidance to City staff. II. Staff Workload Impact: City staff workload related to the proposed loan subordination request is modest. Staff involved in the review activities of the loan subordination request consists of the Community Development Director and Economic Development Manager. Consultants involved include the EDA attorney. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDATION City staff recommend approval of loan subordination request. As noted above, the EDA can choose to ask the borrower to pay off the existing loan balance of $102,092.66 if it would prefer not subordinate to the proposed new mortgage financing. Loan is expected to be fully paid off on April 1, 2032. SUPPORTING DATA a. First Dakota National Bank Summary Letter b. Proposed Loan Subordination Agreement EDA Agenda: 2/12/2025 7. Economic Development Manager’s Report Prepared by: Economic Development Manager Meeting Date: 2/12/2025 ☒ Other Business Reviewed by: N/A Approved by: N/A REFERENCE AND BACKGROUND 1. Training for Chair and Vice-Chair The City Clerk will review basic procedures with these offices. Possible meeting dates are 2/25, 2/26, or 2/27. Please provide your preference of dates for this meeting to either Jim Thares or Vicki Leerhoff. 2. Resignation of Attorney Gina Fiorini EDA Attorney Gina Fiorini has resigned from Kennedy & Graven. She is transitioning to a new law firm in Minneapolis. The new firm is Kutak Rock, which has extensive experience in municipal bond issuances as well as several attorneys with economic development and TIF financing experience. City staff have indicated that as we work through the current completion of several development projects, it makes sense to transfer those files so that she can continue to work on them in her role at Kutak Rock. For the longer-term horizon, staff will defer to the EDA as to an interest in interviewing Gina (Kutak Rock) as well as attorneys at several other firms to see which firm offers the best fit, pricing schedule, and experience in meeting the EDA’s legal needs which includes various financial assistance programs as well as real estate purchases and sales and potential tenant relocation matters. 3. EDAM (Economic Development Association of MN) Block 52 Development Project of the Year Award Video (See it on youtube – right here) 4. Prospect List – Please see Exhibit A. 5. Initiative Foundation Thank You Letter – 2025 Funding Contribution for Community and Economic Development. Please see Exhibit B Date of Contact Company Name Business Category Project Description Building‐Facility Retained Jobs New Jobs Total Investment Project Status 5/22/2018 Karlsburger Foods Food Products Mfg.Facilty Expansion 20,000 sq. ft. +/-42 10 to 20 $4,500,000 On Hold 2/28/2022 Project Emma II Light Ind-Assembly New Construction 20,000 sq. ff.0 4 $1,350,000 Active Search 10/28/2021 Project Stallion Technology Service New Construction 42,000 sq. ft.40 $3,600,000 Active Search 4/28/2022 Project Cougar Precision Machining-Mfg.New Construction 35,000 to 45,000 sq. ft.38 $4,700,000 Active Search 8/11/2022 Project Sing Precision Machining New Construction 400,000 sq. ft.0 500 $90,000,000 Active Search 11/9/2022 Project Tea Mfg New Construction 25,000 sq. ft.55 20 $5,800,000 Active Search 4/20/2023 Project Lodge DH1 Lodging-Service New Construction ???$9,500,000 to $12,500,000 Active Search 5/30/2023 Project Flower-M & M Commercial Concept Expansion ????Concept 6/9/2023 Project Pez Mfg New Construction 6,000 to 8,500 sq. ft.12 2 $1.300,000 Active Search 8/16/2023 Project Lodge RT4 Lodging-Hopsitality New Construction 98 Room Hotel N/A 30 $19,500,000 Identified Site 9/19/2023 Project Panda #4 SZ Childcare Facility New Construction ?N/A ?$2,000,000 +/-Active Search 1/17/2024 Project Tex Industrial New Construction 500,000 sq. ft.0 100 $500,000,000 Active Search 1/17/2024 Project G Industrial New Construction 1,000,000 sq. ft.0 ?$120,000,000 Focused Search PROSPECT LIST 02/07/2025 Date of Contact Company Name Business Category Project Description Building‐Facility Retained Jobs New Jobs Total Investment Project Status PROSPECT LIST 02/07/2025 2/12/2024 Project Lodge- MSMWDC Lodging-Hospitality New Construction ?0 10 $12,000,000 Identified Site 3/5/2024 Project Panda 20- MS Child Care Facility New Construction 25,000 sq. ft. 0 20 $5,500,000 Active Search 3/29/2024 Project ET-BB-12-9 Industrial Relocate ‐ Existing Bldg 12,000 sq. ft.12 $1,150,000 Identified Site 4/12/2024 Project Rest B52 Restaurant New build out‐Finish 5,000 sq. ft. +/-0 15 1500000 +/-Identified Site 5/30/2024 Project EP-BDDC LACW Data Center New Construction ??????Identified Site 5/31/2024 Project DC2-NWG-GB Data Center New Construction ??0 40 ??Active Search 7/3/2024 Project Hair Obsess Service Property Acquisition and Renovation 2,100 sq. ft.14 6 $600,000 Identified Site 7/30/2024 Project EPG 40x2-50 Industrial New Construction 40,000 sq. ft. 0 40 $4,000,000 Active Search 12/3/2024 Project LEI Pack Industrial New Construction 35,000 sq. ft. 0 21 $15,500,000 Active Search 2/5/2025 Project Nordic Resturant-Taphouse Relocate ‐ Remodel‐4,300 sq. ft. 9 1 $1,090,000 Identified Site Contacts: M = 01 YTD = 01