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EDA Agenda 10-24-1996AGENDA MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Thursday, October 24,1996 - 7:00 p.m. City Hall Members: Chairperson Ron Hoglund, Vice Chair Barb Schwientek, Assist Treasurer Ken Maus, Clint Herbst, Tom Perrault, Al Larson, and Bill Demeules. Staff: Treasurer Rick Wolfsteller and Executive Director Ollie Koropchak. Guest: Steve Birkeland, Jr., Custom Canopy and Pat Dwyer, Bank of Elk River. 1. CALL TO ORDER. 2. CONSIDERATION TO APPROVE THE AUGUST 6, 1996 EDA MINUTES. 3. CONSIDERATION OF A REQUEST FROM STEVE BIlZKELAND, JR. RELATING TO GMEF LOAN NO. 006. 4. OTHER BUSINESS: a) GMEF Loan No. 1-13 Closing Update b) EDA Legislative Billing Update c) Potential loan request from T.J. Martin, Inc. d) Other. 5. ADJOURNMENT. • MnvuTEs MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Tuesday, August 6, 1996 - 7:00 p.m City Hall MEMBERS PRESENT: Chairperson Ron Hoglund, Vice Chairperson Barb Schwientek, Assist-Treasurer Ken Maus, Tom Perrault, Al Larson, and Bill Demeules. MEMBERS ABSENT: Clint Herbst. STAFF PRESENT: Treasurer Rick Wolfsteller and Executive Director Ollie Koropchak. GUEST: Don Hunter, Standard Iron & Wire Works, Inc. CALL TO ORDER. t Chairperson Hoglund called the EDA meeting to order at 7:00 p.m. 2. CONSIDERATION TO APPROVE THE APRIL 23, 1996 EDA MINUTES. Ken Maus made a motion to approve the Apri123, 1996 EDA minutes. Seconded by Tom Perrault and with no corrections or additions, the minutes were approved as written. 3. CONSIDERATION TO ACKNOWLEDGE A STATEMENT FROM COMMISSIONER BILL DEMEULES DISCLOSING APPLICATION FOR A GMEF LOAN. EDA Commissioner Bill Demeules disclosed that he is one of three partners in the SELUEMED Limited Liability Partnership which is applying for a GMEF Loan in the amount of $70,000. The machinery and equipment Loan is for Standard Iron & Wire Works, Inc. Barb Schwientek made a motion acknowledging the statement of disclosure from Commissioner Demeules for entry into the official minutes of the EDA. Tom Perrault seconded the motion and without further discussion, the motion passed. Yeas: Schwientek, Perrault, Hoglund, Maus, and Larson. Nays: None. Abstention: Bill Demeules. • EDA MINUTES AUGUST 6, 1996 4. CONSIDERATION TO REVIEW FOR APPROVAL THE PRELIMINARY GMEF LOAN APPLICATION FROM STANDARD IRON & WIRE WORK~INC. EDA members reviewed the preliminary GMEF loan application from Standard Iron for compliance with the GMEF Guidelines. The loan request fora $70,000 M&E loan, amortized over 5 years. Don Hunter of Standard Iron informed the EDA that the $490,000 horizontal machine center and the $725,000 laser cutting machine are in operation. The in-loader, a component of the laser, is being assembled. The press brake has not been purchased. Equity of $45,000 was injected by the company for purchase of the laser and the company has carried the cost of the GMEF and CMIF dollars while awaiting approval and disbursement of the GMEF loan and disbursement of the CMIF loan. Eighty-five percent of the equipment purchase price is financed by the lenders and the remaining portion by company equity and the GMEF and CMIF loans. The GMEF and CMIF will share a second position behind the lender. The equity/GMEF leverage is 64.2%. Current financial statements submitted by the company are above acceptable. The addition of 14 new jobs (82 currently) in two years is projected and is the result of the purchase of the financed equipment. Job creation a mandatory criteria of the GMEF Guidelines. Average wage $10.30 per hour without benefits. The remaining balance of the GMEF is $150,000. Demueles abstained from discussion of the preliminary loan application. 5. CONSIDERATION TO APPROVE OR DENY APPROVAL OF GMEF LOAN NO. 013 FOR STANDARD IRON & WIRE WORKS. INC. The EDA finding the formal GMEF application from Standard Iron in compliance with the GMEF public purpose and policies, AI Larson made a motion to approve GMEF Loan No. 013, a M&E loan, for $70,000 at a fixed interest rate of 6.25% amortized over 7 years for Standard Iron. Loan fee not-to-exceed $1,050 and payable at time of closing. GMEF legal fees the responsibility of the applicant: Collateral, guarantees, and other condition requirements to be determined and prepared by the GMEF Attorney. Loan No. 013 to share a second position with the approved $60,000 CMIF loan, behind the lender. Projected job creation is 14 new jobs within two years (current 82). Loan No. 013 to be disbursed from the Liquor Fund. The loan becomes null and void if fiznds are not disbursed by February 6, 1997. Seconded by Tom Perrault and with no further discussion, the motion passed. Yeas: Larson, Perrault, Hoglund, Maus, Schwientek. Nays: None. Abstention: Bill Demeules. 2 EDA NIINUTES AUGUST 6, 1996 The City Council will review the approved Loan No. 013 for compliance of the GMEF Guidelines on August 12, 1996. 6. CONSIDERATION TO DETERMINE THE ANNUAL LIOUOR FUND APPROPRIATION'SREQUEST FOR BUDGET YEAR 1997. With Administrator Wolfsteller to begin the process for setting the 1997 City Budget in August, EDA members reviewed the need to request dollars from the Liquor Fund. Koropchak reviewed the estimated January 1997 cash balances of three sources of funds for the GMEF. GMEF, $250,000; UDAG, $60,000; and SCREG, $125,000 for an approximate cash total of $435,000. Additionally, balloon payments from two GMEF loans are due in 1997. The approximate remaining principle amounts are Tapper, $71,000 and SMM, $41,000 for an approximate total amount of $112,000. Other GMEF balloon payments are due in 1998, 1999, 2000, and 2001, one each year. The last year of paybacks to the City from the SCREG is 1996 and the UDAG is 1999. Koropchak summarized of the total $610,500 dollars lend to businesses since the EDA's first loan approval in 1990 (including Loan No. 013), $383,000 was disbursed from the Liquor Fund and $227,500 was disbursed from the UDAG Fund. A comparison of requested Liquor Fund Appropriation dollars to expended Liquor Fund dollars since 1990 is $1,200,000 to $383,000. EDA members agreed their original intent has always been to become self-sustaining. Schwientek would like to see the EDA repay the City, without a request from the City, the amount disbursed from the Liquor Fund ($383,000). This to confirm the EDA 's original intent and an act of good faith. Ken Maus made a motion for the EDA to payback the City the amount disbursed from the Liquor Fund ($383,000). Annual payback in an amount not-to-exceed $50,000, provided the year-end GMEF non-committed balance is greater than $250,000. Paybacks subject to annual review and approval by the EDA. Al Larson seconded the motion and with no further discussion, the motion passed unanimously. Barb Schwientek made a motion that the EDA request no appropriation dollars from the City's Liquor Fund for Budget Year 1997. Al Larson seconded the motion. Members discussed and agreed that the appropriation's request be an annual line-item EDA consideration. With no further discussion, the motion passed unanimously. 7. CONSIDERATION TO DISCUSS AND REVIEW THE GMEF GUIDELINES FOR POSSIBLE AMENDMENT. Following discussion by EDA members relating to four options presented for extending 3 EDA I~~ITNUTES AUGUST 6, 1996 the disbursement date beyond the expiration of the 180-day non-performance date and the need for an application fee, Bill Demeules made a motion amending the provisions of the GMEF Guidelines as follows: LOAN FEE: Loan fee to be paid by the applicant to the EDA within 5 working days after City Council approval of the GMEF loan. Non-refundable. NON-PERFORMANCE EXTENSION -The 180-day non-performance date can be extended up to an additional 120 days. 1. A written request is received 30 days prior to expiration of the 180-day non- performance date. 2. Approval of the EDA membership by majority vote. The motion was seconded by Ken Maus and with no further discussion passed unanimously. The amended Loan Fee Provision to serve as an application fee, sparing the applicant the cost of an additional fee. The provision also encourages applicant commitment and a timely commencement of the funded project. The new Non- Performance Extension Provision provides the applicant with an option. The City Council to consider amending the GMEF Guidelines as recommended by the EDA on August 12, 1996. 8. OTHER BUSINESS: a) Accepted the written update on GMEF Loan No. O1 1, Tappers. b) Consideration of Kennedy & Graven's bill on legislative changes -EDA members discussed Invoice No. 8886 in the amount of $1,978.95. Demueles viewed the legal research and conference calls between Koropchak, the law firm, and Demeules relating to the conflict of interest issue as a benefit to the EDA and Standard Iron and offered his business, Standard Iron, to pay Kennedy & Graven an amount not-to-exceed $1,069.50. Additionally, Demeules felt the EDA had not authorized the law firm to lobby on behalf of the EDA; although, the EDA is appreciative of the matter. Ken Maus made a motion accepting the rationale and offer made by Demeules: Standard Iron to pay $1,069.50, a portion of the Kennedy & Graven bill. A letter to be drafted by Koropchak stating the EDA's position to accompany the payment. Al Larson seconded the motion and with no fiu ther discussion, the motion passed unanimously. • 4 EDA NIIN~UTES AUGUST 6, 1996 c) EDA members received a copy of the Monticello Property Tax sheet as prepared by the Minnesota Chamber of Commerce. d) Other -None. 9. ADJOUI~. The EDA meeting adjourned at 9:10 p.m Ollie Koropchak, Exe ive Director • 5 EDA AGENDA OCTOBER 24, 1996 3. Consideration of a request from Steve Birkeland relating to GMEF Loan No. 006. A. Reference and Background: On September 6, 1996, Mr. Pat Dwyer of the Bank of Elk River called to explain the bank was considering a second loan in the amount of approximately $50,000 to Custom Canopy. He asked if the EDA's $42,500 loan would take a third position behind the original bank loan of $308,000 and the requested loan of $50,000. Currently, GMEF Loan No. 006 is a real estate loan with a second position. The loan request of $50,000 was not for improvements at the Monticello site location but was termed as "confidential". Mr. Dwyer reported the remaining principle balance of the original bank loan is $289,000 and the new appraisal of the property has increased from $440,000 to $500,000. Upon the advise of EDA Attorney Steve Bubul and conversing with EDA Chairperson Hoglund, Mr. Dwyer was informed that since the requested dollars were not being utilized for real estate or M&E improvements in Monticello and because the $42,500 is public money, it would be difficult to explain a "confidential" use. Koropchak informed Mr. Dwyer that this was not a viewpoint made by EDA members and she would call a special meeting of the EDA if Mr. Birkeland would like to take his request before the EDA. Lastly, there is no provision within the GMEF Guidelines which allows for amendment of an executed Loan Note and secured Mortgage and Assignment of Rent. Mr. Dwyer did respond that the Elk River EDA would take a different position. Although not directly related, Custom Canopy also received "pay-as-you-go" TIF assistance through the HRA. Late September/early October, Mr. Birkeland requested to be on the EDA agenda. GMEF Loan No. 006 is a real estate loan with a 4.5% interest rate. The balloon payment is due May 1, 1998. Payback is current and the remaining principle balance of the original $42,500 loan as of October 24, 1996 is $37,672.47. Attached for your information is a copy of the City Council minutes of July 8, 1996, approving the amendments to the conditional use permit allowing expansion to the outside storage area of Custom Canopy. Completion of the approved conditions is currently under review by the Planning/Building Departments. Mr. Birkeland will make his request to the EDA assisted by Pat Dwyer, his lender. • EDA AGENDA OCTOBER 24, 1996 B. Alternative Action: 1. A motion to approve the request amending the terms of the Mortgage and Assignment of Rent for GMEF Loan No. 006 placing Loan No. 006 in a third position behind the Bank of Elk Rivers' $308,000 and $50,000 loans. 2. A motion to deny the request amending the terms of the Mortgage and Assignment of Rent for GMEF Loan No. 006. 3. A motion to table any action. C. Recommendation: The EDA should consider the historical payback of the GMEF and probability of the company's survival prior to its decision. Staff agrees with Attorney Bubul and recommends alternative #2: Denial recommended because the request to amend the terms of the mortgage is fora "confidential use" and this is not a good reason or practice to subordinate public dollars. If the EDA approves alternative #1, it is recommended the document preparation to amend the terms of the mortgages be drafted by the EDA Attorney and all EDA legal and recording fees the responsibility of Steve Birkeland, Custom Canopy, Inc. D. Supporting Data: Council minutes of July 8, 1996. l 2 Council Minutes - 7/$/96 r - 7. Consideration of an amendment to a condi .ion l ~s p~rnit allowing gsnansion to outside storage area. Ap li .a„t,~CuGtom Canop.X, Location iy Lot 6. Block 2. Oakwood Industrial Park. Assistant Administrator Jeff O'Neill reported that Steve Birkeland requested an amendment to a conditional use permit which would allow expansion of the outside storage area at the Custom Canopy facility. The proposed expansion would more than double the existing storage area by extending the storage area an additional 100 ft to the north and 50 ft to the west. O'Neill noted that staff had concerns regarding expansion of the outside storage due to past activities at the site that were not consistent with code. O'Neill explained that after reviewing the request, the Planning Commission was concerned that the ordinance doesn't have a maximum limit for outside storage. It was their view that if an outside storage area becomes too large, it would become the principal use rather than an accessory use. However, Planning Commission did recommend approval of the amendment to the conditional use for Custom Canopy with certain conditions. O'Neill noted that the Planning Commission would be reviewing the ordinance section regarding outside storage in the near future. Councilmember Herbst noted that even though the ordinance requires 90~Io opaque screening of outside storage, allowing the storage area gate to be open during business hours did not seem to be unreasonable. O'Neill reported, however, that Planning Commission Chair Dick Frie spoke with other owners in the industrial park about outside storage, and they felt it was important to maintain a neat, clean industrial park. In addition, Fallon Avenue would eventually be one of the entrances to the city, and it was important to make sure the area is well maintained. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND Jeff O'Neill SECONDED BY SHIRLEY Ai~iDERSON TO APPROVE THE AMENDMENT TO THE Inspection CONDITIONAL USE PERMIT FOR CUSTOM CANOPY ALLOWING EXPANSION 10/16/96 TO OUTSIDE STORAGE AREA WI~'H THE FOLLOWING CONDITIONS: n a~ ~~ ~ , ~~ ~. 1` Ci°'~~ lac ~o~~~~~r U ~ ~~° e_ 2. ~~ ~ ~, FENCE SYSTEM DESIGN MAY CONTINUE; HOWEVER, ADDITIONAL PINE PLANTINGS ARE REQUIRED TO BREAKUP MONOTONY OF FENCE AND TO ACHIEVE 90°Io OPACITY REQUIREMENT. THE NUMBER AND LOCATION OF TREES TO BE DETERMINED BY CITY STAFF. PLACEMENT OF SUITABLE lYIATERIALS AS A BASE TO CONTROL DUST, ETC. eGS~ I3. PLANT ADDITIONAL TREES IN ACCORDANCE WITH CODE AND ~~` SUPPLEMENTAL TREES TO ENHA1~tCE SCREENING EFFECT lSEE #1). Q~~ La `M \4. PROVIDE ADDITIONAL PARKING AREA OR ALTER USE OF EXISTIl~tG PARKL~(G AREAS NOW BEING USED FOR STORAGE. Council Minutes - 7/8/96 • 5. GATE MAY REMAIN OPEN; HOWEVER, A "RETURN" SECTION OF ~ ~'~ SCREENING FENCE MUST BE INSTALLED THAT IS AT LEAST ~~ ~ b ~~~ (~ 50 FT IN LENGTH AT A RIGHT ANGLE TO THE EXISTING FENCE, THUS PARTIALLY SCREENING THE OPENING TO THE STORAGE }o- ~ ~~ AREA WHEN VIEWED FROM THE RIGHT-OF-WAY. ~ ~ w~`L~~~~ OUTDOOR AREAS SHOULD BE USED ENTIRELY FOR STORAGE '~a ~ 2 AND NOT USED FOR PRODUCTION ACTIVITIES. 7. OTHER CONDITIONS REQUIRED BY CODE. Voting in favor: Clint Herbst, Shirley Anderson, Brad Fyle. Opposed: Tom Perrault. It was his view that the gate to the storage area should remain closed. Motion passed, with Brian Stumpf absent. • • Monticello Economic Development Authority October 24, 1996 Stephen Birkeland dba Custom Canopy Existing Loan at Inception: 3/15/93 Appraisal $440,000 Bank of Elk River 1st mortgage -308,000 Equity --------------------- $132,000 lOX L/V Monticello EDA loan ------------------ $ 42,500 3.1x coverage Proposed Loan: 7/16/96 Appraisal Bank of Elk River mortgage balance Proposed BER second mortgage Equity ----------------- 709~ L/V $500,000 -288,645 - 60,000 $151,355 Monticello EDA loan balance ------- 3.8x coverage $ 40,000 (estimated) EDA AGENDA OCTOBER 24, 1996 4. Other Business: a) GMEF Loan No. 1-13 Closing Update - On August 30, 1996, the GMEF and the CMIF loan dollars of $70,000 and $60,000, respectively, were disbursed at the closing for Standard Iron. The EDA received its loan fee of $1,050 and the legal costs for preparation of the GMEF documents was $757.84 (See attached). Legal costs are the responsibility of the borrower. Loan payback began October 1. b) EDA Legislative Billing Update -Enclosed is a copy of the letter written to Attorney Bubul relating to the legal fees associated with lobbying efforts by Kennedy & Graven for "conflict of interest" issue. Also, enclosed are copies of the checks in the amount of the approved payment to Kennedy & Graven from the EDA and the reimbursement check to the EDA from Standard Iron. c) Potential loan request from T. J. Martin, Inc. - It is the intent of the partners of Lake Tool to perhaps request $35,000- $40,000 from the EDA for M&E. TIF has been approved by the HRA with Council approval scheduled for November 12. No building or site plans have been submitted to the City for review at this time. The company plans to construct a 9,000 sq ft metal manufacturing/officebudding on one of the two lots intended for purchase from the City. Five new jobs with a wage range of $40,000 - $60,000 per job. d) Other. • ~~~ \~ r., I~', 0. September 16, 1996 Ollie Koropchak Executive Director Monticello Economic Development Authority City of Monticello P.O. Box 1147 Monticello, MN 55362-9245 RE: Standazd Iron Loan Our File No. MN325-002 STATEMENT OF SERVICES Telephone {612) 337.9300 Facsimile (612) 337-9310 For legal services rendered and costs incurred in connection with preparation of documents for the Monticello Economic Development Authority and Central Minnesota Initiative Fund loans to Standard Iron. Monticello Economic Development Authority Legal Service $707.90 Costs/Disbursements 49.94 Total $757.84 Central Minnesota Initiative Fund Legal services $707.90 Costs/Disbursements 49.94 Total $757.84 Combined Total $1,SI5.68 I declare under penalties of law that the account, claim or demand is just and correct and that no Signature of DJCi109897 FT1325 -3 KENNEDY & GRAVEN CHARTERED 470 Plllabur~ Center, Minneapdh~, Mlnoaota 55402 ~~, a ) September 3, 1996 250 East Broadway P. O. Box 1147 Monticello, MN 55362-9245 Phone: (612) 295-2711 Metro: (612) 333-5739 Fax: (612) 295-4404 Mr. Steve Bubul, Attorney at Law Kennedy & Graven 470 Pillsbury Center Minneapolis, MN 55402 RE: Monticello EDA Invoice No. 8886 ear Steve: At the Economic Development Authority (EDA) meeting of August 6, 1996, the commissioners reviewed Kennedy & Graven Invoice No. 8886 and its attached cover letter. Standard Iron & Wire Works, Inc. offered to pay an amount not-to-exceed $1,069.50 a portion of the $1,978.95 invoice. The commissioners and Standard Iron & Wire Works, Inc. viewed the legal research and conference calls between Bill Demeules, Ollie Koropchak, and Kennedy & Graven relating to the conflict of interest issue as a benefit to the EDA and the business. Although the commissioners were appreciative of the legislative lobby efforts conducted by Kennedy & Graven, they also agreed the EDA had not authorized Kennedy & Graven to lobby on their behalf. The EDA accepted the offer by Standard Iron for payment in the amount of $1,069.50 in the form of a reimbursement to the EDA. Enclosed is a payment of $1,069.50 in satisfaction of Invoice No. 8886. The EDA remains satisfied with the. relationship and proformance of Kennedy & Graven. Should you have any questions relating to the EDA motion, please contact me at 295-2711. Sincerely, O~. ~C,Ga Q~ ~_ Ollie Koropchak EDA Executive Director enclosures cc: EDA File C~~ O c ~k , nurse Rd., Monticello, MN 55362 • Phone: (612) 295-3170 • Fax: (612) 295-3170, ext. 1 MONTICELLO • n 0 ~ T ~~ 0 z m r r O • 0 r ti w .O .. O r r r ui ti .. -,7 a~ 0 0 0 r ~ .~ a ~~m~ x r~ z z r~ d ~c c~ tr1 z r' , ., ', ti~ '•, 4° ,~/ •:. ~c ~" D ~• ~ m .~ ~ n r = O m ~ n N x Z O N zoL~ ~DZ'fi ~~~ ~ ~~~ O ~~~+Z °z^~ m D O " N m r r O z O 3 ~ a ~ 3 o O ~T Z ~ N -.{ ~ ~ n. m C ~ Z ~mZ 00 ~ ~ ~ 2~~ O w z W ~ N m r 0 iti ~b~ • N cp N ~ ~ O a ~ d' O i O ii N r N ' CD ~ co ~- ~ N O c, ~ O a 1 1 ~ Y Q Z Z Z m N ~ o `' o ~; °' aoT ~~z Az ~~ o o ~i+N Ow_°O QzNN~ ~+ x N,G v~j ~D [L o ~~ ZZZ ~OO ~~< v C m r a a J J O A O O 0 c z W Z Z . ~, X f/1 A Z Q !/~ O S 1- W a 0 } Q a O ~; 0 s t t~ 0 a O O o- N LJl O O ~^ O ~ a N ~ ~ O N ~~ ~D > N'1 ~ Q 1!1 ~ ~ ^~ a c...~ o- ca <. ~ z r,,, W O r-i g ~ ~ ~ om o l J X J O J F- O J W fn to W = V < U •+ W • -r ~ O F- ZO Z O U1 O Z:N~~ ~ 0 LL 0 00 Lw~~ • KENNEDY 8~ GRAVEN Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337-9300 May 14, 1996 Monticello EDA Ollie Koropchak PO Box 1147 Monticello, MN 55362-9245 MN325-00002: Standard Iron Loan Invoice # 8886 ~__. Through April 30, 1996 For All Legal Services As Follows: 03/27/96 SJB 03/27/96 DJG 03/28/96 SJB 03/28/96 DJG 03/29/96 SJB 04/01/96 SJB 04/02/96 RCL 04/02/96 SJB 04/03/96 RCL 04/03/96 SJB ~Oopf~ Intraoffice conference with D. Greensweig re 2.50 322.50 `~ conflicts issue; phone call with O. Koropchek re same; research legislation Research conflict of interest issue 2.00 200.00 ~' Phone calls with Senate Tax Committee, O. 3.00 387.00 Koropchak and B. DeMeules; intraoffice conference with R. Long; letter to Senator Hottinger Intraoffice conference with Steve re conflict of 1.60 160.00 / interest; phone calls to City and Standard Iron re ~;~bq , S~ conflict of interest Track Conflict legislation 64.50 Track legislation re conflict rules 0.80 103.20 Work on revisions to bill amendments re HF 2102 4.00 516.00 on local development authority Track conflict legislation; fax to J. Michael re same 1.00 129.00 Meeting with J Rohm re revisions amendment 0.50 64.50 Intraoffice conference with R. Long re legislation 0.25 32.25 Total Services: Total Services And Disbursements: $ 1,978.95 $ 1,978.95 \~~~ ~~