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EDA Agenda 05-13-2015EDA MEETING Wednesday, May 13th, 2015 6:00 p.m. Mississippi Room - 505 Walnut Street, Monticello, MN Commissioners: President Bill Demeules, Vice President Bill Tapper, Treasurer Tracy Hinz, James Davidson, Steve Johnson and Council members Tom Perrault and Lloyd Hilgart Staff: Executive Director Jeff O'Neill, Angela Schumann, Wayne Oberg 1. Call to Order. 2. Roll Call. 3. Approve Meeting Minutes: a. Special Meeting — April 8th, 2015 b. Regular Meeting — April 8th, 2015 4. Consideration of additional agenda items. 5. Consideration of approving payment of bills. 6. Consideration to adopt Resolution EDA 2015 -006 approving an Assignment and Assumption Agreement Between Front Porch Associates, Ltd and Michael Cyr as Related to Tax Increment Financing District No. 1 -29. 7. Consideration to approve expense and authorize agreement related to additional demolition related costs and completion of a Phase II Environmental Site Assessment for the EDA -owned property at 100 East Broadway. 8. Consideration of action relating to Transformation Home Loan. 9. Consideration to adopt the 2015 EDA Work Plan. 10. Consideration to establish an EDA sub - committee for development of an Economic Development staff recommendation. 11. Consideration of Director's Report. 12. Adjourn. EDA Agenda: 5/13/15 5. Consideration of approving payment of bills (WO) A. REFERENCE AND BACKGROUND: Invoices submitted during the previous month are included for review and consideration. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of bills through April 2015. 2. Motion to approve the payment of bills through April 2015 with changes directed by the EDA. C. STAFF RECOMMENDATION: Staff recommends approval of payment for invoices submitted. D. SUPPORTING DATA: Invoices Accounts Payable CJTY Or Transactions by Account User: Julie.Cheney Monti eRo Printed: 04/08/2015 - 1:24PM Mo Batch: 00203.04.2015 Account Number Vendor Description GL Date Check No Amount PO No 213 - 46301 - 421990 WRIGHT CO RECORDER Satisfaction of Mortgage - Dezell 04/14/2015 113932 46.00 Vendor Subtotal for Dept:46301 46.00 213 - 46301 - 430400 KENNEDY AND GRAVEN CHART General EDA TIE 36 & 37 04/14/2015 113898 425.50 213 - 46301 - 430400 KENNEDY AND GRAVEN CHART General EDA Matters through 2/28/15 04/14/2015 113898 943.50 213 - 46301 - 430400 KENNEDY AND GRAVEN CHART BLK034 TIE District through 2/28/15 04/14/2015 113898 74.00 Vendor Subtotal for Dept:46301 1,443.00 213 - 46301 - 434600 MICHAEL D CHOUINARD Property Signs (2) 04/14/2015 113884 650.00 Vendor Subtotal for Dept:46301 650.00 Subtotal for Fund: 213 2,139.00 The preceding list of bills payable was reviewed and approved for payment. Report Total: 2,139.00 Date: 5/13/15 Approved by: Tracy Hinz, Treasurer AP- Transactions by Account (04/08/2015 - 1:24 PM) Page 1 Accounts Payable CJTY Or Transactions by Account User: Debbie.Davidson Monti eRo Printed: 04/22/2015 - 3:34PM Mo Batch: 00205.04.2015 Account Number Vendor Description GL Date Check No Amount PO No 213-46301-431990 WSB & ASSOCIATES INC Econonmic Development & Market M 04/28/2015 0 4,000.00 Vendor Subtotal for Dept:46301 4,000.00 213-46301-431990 NORTHLAND SECURITIES INC EDA Special Tax Levy Authority - Ma 04/28/2015 113986 660.00 Vendor Subtotal for Dept:46301 660.00 213-46301-431990 HARRY LANTTO 4/8/15 EDA Meeting Recording 04/28/2015 0 60.00 Vendor Subtotal for Dept:46301 60.00 213 - 46301 - 437100 WRIGHT CO AUDITOR -TREAS R155- 171 - 000060 first 1/2 tax 04/28/2015 114012 678.00 Vendor Subtotal for Dept:46301 678.00 Subtotal for Fund: 213 5,398.00 The preceding list of bills payable was reviewed and approved for payment. Report Total: 5,398.00 Date: 5 -13 -15 Approved by: Tracy Hinz, Treasurer AP- Transactions by Account (04/22/2015 - 3:34 PM) Page 1 Accounts Payable CJTY Or Transactions by Account User: Julie.Cheney Monti eRo Printed: 04/15/2015 - 10:55AM Mo Batch: 00201.04.2015 Account Number Vendor Description GL Date Check No Amount PO No 213 - 46301 - 443990 US BANK CORPORATE PMT SYS Dominos Pizza - Pizza for special wort 04/28/2015 0 34.28 Vendor Subtotal for Dept:46301 34.28 213 - 46500 - 443990 US BANK CORPORATE PMT SYS Target - Chips for meeting lunch 04/28/2015 0 3.99 213 - 46500 - 443990 US BANK CORPORATE PMT SYS Jimmy Johns - food for meeting 04/28/2015 0 32.30 Vendor Subtotal for Dept:46500 36.29 213-46522-431000 US BANK CORPORATE PMT SYS Advanced Disposal - February 2015 04/28/2015 0 10.55 Vendor Subtotal for Dept:46522 10.55 Subtotal for Fund: 213 81.12 The preceding list of bills payable was reviewed and approved for payment. Report Total: 81.12 Date: 5/13/15 Approved by Tracy Hinz, Treasurer AP- Transactions by Account (04/15/2015 - 10:55 AM) Page 1 Accounts Payable CJTY Or Transactions by Account User: Debbie.Davidson Monti eRo Printed: 05/01/2015 - 10:57AM Batch: 00215.04.2015 Account Number Vendor Description GL Date Check No Amount PO No 213 - 46522 - 438100 XCEL ENERGY ZCULPS - 51- 0623082 -8 04/30/2015 0 17.09 Vendor Subtotal for Dept:46522 17.09 Subtotal for Fund: 213 17.09 Report Total: 17.09 The preceding list of bills payable was reviewed and approved for payment. Approved by: Tracy Hinz, Treasurer AP- Transactions by Account (05/01/2015 - 10:57 AM) Page 1 EDA Agenda: 05/13/15 6. Consideration to adopt Resolution EDA- 2015 -006 approving an Assignment and Assumption Agreement Between Front Porch Associates, Ltd and Michael Cyr as Related to Tax Increment Financing District No. 1 -29. (AS) Michael Cyr, developer of the Vine Place project, has requested that the EDA approve an assignment of the tax increment for TIF District 1 -29. In 2002, the Housing and Redevelopment Authority, the City of Monticello and Front Porch Associates, Ltd. entered into a Contract for Private Development for the Vine Place development project. Under the Contract, the HRA agreed to reimburse Front Porch for a portion of the costs of acquisition of the development site and site improvements through tax increment generated in the district. Mr. Cyr has requested that the contract now be assigned to himself, as the business entity of Front Porch Associates, Ltd is being dissolved. The dissolution is stated as occurring due to the development project being completed and obligations fulfilled. Upon approval and execution of the assignment and assumption Mr. Cyr will receive the available tax increment and will assume the continuing rights and obligations of the contract. This is not an amendment of any of the other terms of the contract. Staff has that the development improvements required by the contract have been completed and any private loans or mortgages associated with Front Porch Associates, Ltd. have been satisfied. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution EDA- 2015 -0 approving an Assignment and Assumption Agreement Between Front Porch Associates, Ltd and Michael Cyr. 2. Motion of other. C. STAFF RECOMMENDATION: Staff recommends approval of the resolution and the col esponding execution of the assignment and assumption agreement. D. SUPPORTING DATA: A. Resolution EDA- 2015 -006 B. Assignment and Assumption Agreement C. Letter of Request 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA- 2015 -006 APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN FRONT PORCH ASSOCIATES, LTD AND MICHAEL CYR BE IT RESOLVED By the Board of Commissioners ('Board ") of the City of Monticello Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA "), the City of Monticello (the "City ") and Front Porch Associates, Ltd. (the "Assignor ") entered into a Contract for Private Development dated as of May 1, 2002, as amended (the "Contract "). 1.02. Pursuant to the Contract, the HRA agreed to reimburse Assignor for a portion of Assignor's costs of acquisition of and site improvements on the Development Property through Available Tax Increment. 1.03. In 2007, the HRA and the Authority consolidated operations, and the Contract was assigned by the HRA to the Authority. 1.04. Assignor now wishes to assign its rights and obligations under the Contract to Michael L. Cyr (the "Assignee "), and to assign the right to receive Available Tax Increment to Assignee, and Assignee wishes to assume such rights and obligations under the Contract and accept the assignment of the Available Tan Increment, and to that end the Assignor and Assignee have proposed to enter into an Assignment and Assumption Agreement (the "Assignment"). 1.05. The Board has reviewed the Assignment and finds that the approval and execution of the Authority's consent thereto are in the best interest of the City and its residents. Section 2. AuthoritApproval, Other Proceedings. 2.01. The Assignment, including the attached Consent of the Authority related thereto, as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the consent to the Assignment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Consent attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. 459925v1 MNIMN190 -101 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA- 2015 -006 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this day of , 2015. President ATTEST: Secretary 459925v1 MMNM190 -101 2 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT, made as of this day of April, 2015, by and between FRONT PORCH ASSOCIATES, LTD, a Minnesota limited liability company, with its principal office at P.O. Box 1338, Monticello, Minnesota 55362 ( "Assignor "), and Michael L. Cyr, an individual, whose address is P.O. Box 1338, Monticello, Minnesota 55362 ( "Assignee "). RECITALS: A. The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA "), the City of Monticello (the "City ") and Assignor entered into a Contract for Private Development dated as of May 1, 2002, as amended (the "Contract "). B. The defined terms in the Contract shall have the same meaning hereunder. C. Pursuant to the Contract, the HRA agreed to reimburse Assignor for a portion of Assignor's costs of acquisition of and site improvements on the Development Property through Available Tax Increment. D. In 2007, the HRA and the City of Monticello Economic Development Authority (the "Authority ") consolidated operations, and the Contract was assigned by the HRA to the Authority. E. Assignor now wishes to assign its rights and obligations under the Contract to Assignee, and to assign the right to receive Available Tax Increment to Assignee, and Assignee wishes to assume such rights and obligations under the Contract and accept the assignment of the Available Tan Increment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Assignor does hereby grant, transfer, and assign to Assignee all of its rights and interests in the Contract. 2. Assignee hereby accepts this Assignment and assumes and agrees to faithfully abide by, perform, and discharge each and every term, covenant, and condition of the Contract and the exhibits thereto applicable to the "Developer," and to be fully bound by all of the foregoing. 3. Notwithstanding any provisions to the contrary in the Contract, the parties agree and understand that the Contract shall terminate on February 1, 2020 or upon such earlier date terminated in accordance with its terms, and that the final payment of Available Tax Increment to the Assignee will occur on or before the Termination Date. 459879v MNIMN190 -97 4. Assignor and Assignee agree that this Assignment shall not be amended or changed in any way without prior written approval of the Authority and City. 5. This Assignment and Assumption shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall further be for the benefit and reliance of the Authority and City. [The remainder of this page is intentionally left blank.] 459879v MNIMN190 -97 2 IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption Agreement as of the date first indicated above. ASSIGNOR: FRONT PORCH ASSOCIATES, LTD. By: Its: STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April, 2015, by , the President of Front Porch Associates, Ltd., a Minnesota corporation, on behalf of the corporation. Notary Public 459879v MNIMN190 -97 S -1 ASSIGNEE: MICHAEL L. CYR STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April, 2015, by Michael L. Cyr, an individual. Notary Public 459879v MNIMN190 -97 S -2 The foregoing Assignment and Assumption of Contract for Private Development is consented to by: CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director CITY OF MONTICELLO, MINNESOTA By Its Mayor By Its City Administrator This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: (612) 337 -9300 459879v MNIMN190 -97 S -3 Front Porch Associates, Ltd. — Michael Cyr P.O. Box 1338 Monticello, MN 55362 Phone: 612.366.0717 27 March 2015 Wayne 4berg City of Monticello, Minnesota 505 Walnut Street Monticello, Minnesota 55362 Mr. Qberg, As the sole shareholder and President of Front Porch Associates, Ltd., I hereby request that the proceeds of Tax Increment Finance District 1 -29 that have previously been disbursed to Front Porch Associates, Ltd_ be assigned to Michael L. Cyr for all future disbursements. The business entity of Front Porch Associates, Ltd. is being dissolved, as the purpose for its formation has been fulfilled. Please acknowledge receipt of this request and acceptance by the City of Monticello of this assignment. Sincerely, Michael L. Cyr PO Box 1338 Monticello, Minnesota 55362 EDA Agenda: 05/13/15 7. Consideration to approve expense and authorize agreement related to additional demolition related costs and completion of a Phase 11 Environmental Site Assessment for the EDA -owned property at 100 East Broadway. (AS /SB) A. REFERENCE AND BACKGROUND: The EDA is asked to consider authorizing additional fees related to unknown conditions discovered with demolition and also authorize resulting expenses for a Phase II Environmental Site Assessment (ESA) as related to the demolition of the EDA -owned property at 100 East Broadway. Phase 11 FSA On Wednesday, May 6, discolored soil and petroleum type odors were observed with the removal of the foundation and sewer service extension for the 100 East Broadway building. As the EDA will recall, a Phase I Environmental Site Assessment was completed on publicly -owned properties on Block 34 and identified a Philips 66 Station historically occupied the site as well as a coal gasification use. WSB's environmental scientist was on -site on May 6 to observe the resulting conditions. A soil sample was sent to a testing lab on May 7 to determine the type and concentrations of the potential contaminant found in the soil per MPCA guidelines. The results of the test will be known the week of May 11 to determine if the sample constituents a potential environmental release. If the result qualifies as a contaminant release, the City could be eligible for reimbursement of remediation costs based on the MPCA's Petrofund program. This process will be vetted after all testing and investigation is completed. This discovery also triggers the recommendation to complete a Phase II ESA now. The recommendation with the Phase I report was to complete a Phase II ESA prior to redevelopment of the block. Consequently, as part of MnDOT's TH 25 /CSAH 75 intersection project plan review, the agency has also requested that the City complete a Phase 11 ESA. This request is related to the conveyance of land to MnDOT for the right turn lane from north -bound TH 25 to east -bound CSAH 75. This conveyance will transfer property from the EDA to MnDOT for right of way purposes. WSB & Associates, the City's consulting engineer, has prepared a scope of work for the Phase 11 analysis. The scope includes a description of services, timeline for completion and cost estimate. At this time, WSB and the Finance Director are also reviewing whether the scope included with the Phase II as identified will be sufficient to meet the requirements of a possible future Soils Condition District. More information on that issue will be presented during the regular EDA meeting. EDA Agenda: 05/13/15 The Phase 11 will also address specifically the requirements of MnDOT for the land conveyance area of 100 East Broadway. Staff reviewed the option of extending the Phase 11 analysis area to include other publicly -owned parcel on the Block. However, the existing buildings on the site represent an obstacle to a full Phase 11 analysis for 112 and 130 East Broadway at this time. It would be inefficient to complete portions of a Phase II analysis for those properties at this time. A Phase 11 ESA for those properties will be an option at a future time. It should be noted that timing of completion of the Phase II ESA is important relative to the TH 25 /CSAH 75 improvements. WSB's scope of work is designed to fit within these constraints. After the Phase II is complete, it will then be determined if additional investigation and remediation will need to occur based on the test results and as determined by the MPCA. If additional investigation and remediation is needed, this will result in additional costs beyond the scope of the Phase 11 ESA. The EDA is asked to expend $12,500 toward the cost of the Phase 11 ESA as described in the enclosed proposal. The scope of the Phase II needs to be approved by MnDOT and it is anticipated confirmation of the scope will occur prior to the EDA meeting. Additional Demolition - Related Fees On May 6, the City's water and sewer utility superintendent discovered an additional 4- inch PVC line under the sidewalk along TH 25 that connected to the known 6 -inch service line that was to be extended to the site as part of the demolition contract. A trench box was delivered to the site on May 7 to allow for safe exploration of this 4 -inch line to determine where the service extends to within the site and where it should be disconnected and capped. The additional cost of the trench box supplied by Veit totaled $1,550. Additional labor and equipment costs provided by Veit to assist in the exploration of this service line is estimated at $1,000. In addition, two sidewalk panels were removed and need to be replaced to maintain pedestrian use until the TH 25 /CSAH 75 intersection improvements start in mid -July. Public Works will replace the sidewalk with cold mix asphalt in the interim. Additional fees related to testing of the potential contaminated soil, reporting and additional on -site observation by WSB to address these above outside of the project scope for demolition oversight services, totals approximately $2,500. The total cost for the above additional fees is $5,050. Al. Budget Impact: The Phase II ESA as proposed is estimated at $12,500. The additional demolition - related fees total $5,050. These two costs total $17,550. This amount will be paid from the EDA General Fund. EDA Agenda: 05/13/15 A2. Staff Workload Impact: The administration of the ESA contract will require the work and coordination between the Community Development and Engineering departments. B. ALTERNATIVE ACTIONS: Motion to approve expense of $17,550 and to authorize the EDA Director and President to enter into an agreement related to completion of a Phase II Environmental Site Assessment for the EDA -owned property at 100 East Broadway. 2. Motion to request quotes for completion of a Phase II Environmental Site Assessment for Publicly -Owned Parcels on Block 34. 3. Motion of other. C. STAFF RECOMMENDATION: City staff recommends Alternative #1. As a professional service, the EDA is not required to obtain quotes for the Phase II ESA. Given WSB's familiarity with the site area, their completion of the Phase 1 document, and the project time constraints, staff recommends proceeding under alternative 1. However, the EDA may wish for staff to obtain quotes prior to proceeding and authorize staff to call for a special meeting for consideration as necessary. D. SUPPORTING DATA: A. Proposal and Agreement for Phase III Environmental Site Assessment Services, WSB & Associates WSB && Assoc- engineering • planning • environmental • construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel 763 - 541 -4800 Fax 763 - 541 -1700 May 7, 2015 Angela Schumann Community Development Director 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Scope of Work and Cost for a Limited Phase II ESA located at the intersection of Trunk Highway 25 and CSAH 75 (Broadway Street) in Monticello, MN. Dear Ms. Schumann: As requested, outlined below is a scope of work and cost to perform a Limited Phase II Environmental Site Assessment (ESA) located at the intersection of Highway 25 and Broadway Street in Monticello, Minnesota (the Site) in light of the potential contaminant release discovered on May 6, 2015 with the demolition of the building at 100 West Broadway Street. A Phase I ESA completed by WSB determined that a Philips 66 Station historically occupied the southeastern corner of the Site (current location of 100 Broadway East) from approximately 1930 to 1970. Based on this information, a subsurface investigation was recommended since previous gasoline storage and /or automobile service activities may have resulted in undocumented petroleum releases. The purpose of the Limited Phase II ESA is to assess the subsurface soil, groundwater, and soil vapor conditions at the Site for evidence of a petroleum release. Recently, MnDOT has requested a Phase II Environmental Site Assessment for the site and adjoining areas as it relates to the conveyance of right of way from the EDA to MnDOT at the southeast corner of the intersection to accommodate the intersection improvements. The following tasks are proposed as part of this scope of work: Soil Borings and Screening WSB will complete 8 soil borings at the intersection as show on the enclosed map to assess the subsurface soil, groundwater, and soil vapor conditions. The soil borings will be advanced 24 feet below ground surface (bgs) or at least 5 feet below the groundwater table (whichever is encountered first). Five (5) soil borings will be advanced on the southeastern corner of the intersection (current location of 100 Broadway East), two borings will be advanced on the southwestern corner of the intersection, and one boring will be advanced on the northeast portion of the intersection. The soil boring activities will consist of the following: • Performing public and a private utility locates prior to the subsurface investigation. • Advancing eight (8) push -probe soil boings to 24 feet bgs. • Screening soils using a photoionization detector (PID) with a 10.6 eV lamp. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com Ms. Angela Schumann May 6, 2015 Page 2 • Recording general soil classifications /observations on a field log. • Abandoning borings per Minnesota Department of Health (MDH) requirements. Soil, Groundwater, and Soil Vapor Sampling WSB will collect soil, groundwater, and soil vapor samples from each boring location. The sampling will consist of the following: • Collecting of up to eight (8) soil, eight (8) groundwater, and eight (8) soil vapor samples and per MPCA and MDH guidelines. • Submitting all analytical samples to a MDH certified laboratory. • Analyzing each soil sample for the following analytical parameters: • Diesel range organics (DRO) • Gasoline range organics (GRO) • Benzene, Ethyl Benzene, Toluene, and Xylene (BETX) • Lead • Analyzing each groundwater sample for the following analytical parameters: • DRO • GRO • Benzene, Ethyl Benzene, Toluene, and Xylene (BETX) • Lead • Analyzing each soil vapor sample for the following analytical parameters: o Volatile Organic Compounds (VOCs) Reporting WSB will summarize the results of the Phase 11 ESA in a final report. At a minimum, the report will include the following: • Scope of work • Sample location map • Sample methods and procedures • Investigation results • Conclusions and recommendations • Reporting and coordination with the MPCA Petrofund program Meetings WSB will attend one EDA meeting to present the Phase II ESA report. Scope Assumptions • All borings will be advanced on City owned property and /or roadway right of way. • Based on available information, the depth to groundwater at the Site is approximately 20 feet bgs. • Subsurface obstructions will not inhibit advancement of borings. Ms. Angela Schumann May 6, 2015 Page 3 Soil /groundwater samples will be submitted for laboratory analysis with a standard 10 day turnaround time. The City will provide one review /comment of the final report. Total Cost and Schedule The cost to perform the described Limited Phase II ESA is based on an hourly not -to- exceed fee of $12,500. WSB will contract with a drilling contractor to perform the borings and a lab company to provide the material testing. These costs amount to $6,000 and are pass through costs included in the total fee. If additional work is required beyond the scope outlined above, WSB will receive authorization from the City prior to completing any additional work. Upon authorization, the work can be performed as early as the week of May 18, 2015. If you wish to authorize this work, please sign below and submit a copy to WSB. Sincerely, WSB & Associates, Inc. &4-� Ryan Spencer Senior Environmental Scientist I hereby authorize the above scope of work, schedule, and cost. Signature Date 0 N t W�E K*. 7, s _p a� t ►�►► ■ rr r s G�' 1 r z or 7 r Borings Soil Building Outline •� iNF. _ Alf- CITY OF Approximate Soil Boring Locations WSB Monticeflo Figure Project - 11 ESA 1 inch 100 feet &Associates, Inc. EDA Agenda: 5/13/15 8. Consideration of action on default of Transformation Home Loan. (AS) A. REFERENCE AND BACKGROUND The EDA is asked to review information related to an EDA Transformation Home Loan which is in default and to take action as to next steps related to the default. In 2007, the EDA entered into a third mortgage agreement with borrower Felicia L. Whitmore for a Transformation Home Loan related to property at 312 East River Street, in the amount of $9,581.00. The Transformation Home Loan program, developed by the HRA, was developed to allow homeowners of properties within the core city the opportunity to make repairs and renovations to their homes, intending to encourage retention of owner - occupied housing in the core city and to increase the value and aesthetics of the properties. The target criteria identified homes which would meet the redevelopment qualifications requirements for "structurally substandard" as defined with TIF law. The third mortgage and promissory note are dated September 27th, 2007. The Transformation Home Loan program allows for forgiveness of the loan if the property is not sold within 5 years of the closing date of the loan. The Finance Department had been tracking the loan and noted in 2010 that 312 East River Street had gone into foreclosure. At that time, the Finance Department and Economic Development Department decision was to wait for the title company to contact the EDA as part of the title research. Unfortunately, the City and EDA's records show no record of contact by the title company. The title company has been contact to show verification that the city was contacted regarding the mortgage in any sale transaction. To -date no information has been provided. The property then went to sheriff s sale on March 31, 2010. The sheriff s certificate shows only the first (primary) mortgage. There was no document filed to satisfy the HRA mortgage or release it. The property was purchased in May of 2014 by a private party and is no longer bank - owned. The City's attorney has reviewed the EDA's options related to default for such loan programs and provided a summary of possible actions. Unfortunately, as the property has already gone through foreclosure and sheriffs sale, it would appear that the EDA's only recourse at this time is to pursue legal action against the borrower. The attorney has further indicated that successful action related to the title company and title insurance is also unlikely. The third position on the mortgage represented a risk for recovery in this situation. Therefore, the EDA is asked at this time to determine whether to take further action against the original property owner or to declare the amount unrecoverable and close out the loan. B. ALTERNATIVE ACTIONS 1. Motion to declare the amount unrecoverable and close out the loan. 2. Motion to pursue legal action against the 312 East River Street Transformation Home Loan mortgagee for recovery of outstanding loan amount and expenses. C. STAFF RECOMMENDATION Staff recommends Alternative 91. The costs to pursue action against the mortgagee are likely to be commensurate with the outstanding loan amount. Additionally, the mortgagee's ability to pay the outstanding amount with a successful judgement is questionable. Moreover, the program was designed to improve housing stock within the core downtown, which was achieved in this case. D. SUPPORTING DATA A. Loan Documents B. Attorney Background 2 �esevation hand Fee and Registration Ag L , MRT amount Tax Keceipt 9 Q �_� of S as been paid this _ 2 - Oe�' Date: Year Robert J. J.I 1' rlTrcasFarer BY: clerk Mortgage Registratnoa Tax: $ Doc. No. A 1070499 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 10-29-2007 at 09:48 Check #: 5246 Fee: $ 46.00 Payment Code 02 Addl. Fee Larry A. Unger, County Recorde° The maximum principal i ndebtedness secured by this mortgage is $99581.00. Returu to: FIRST MINNESOTA BANK P.O. BOX 960 ]MONTICELLO MN 55362 T RD MORTGAGE THIS MORTGAGE is given on Septembeia� 2007. Borrower is Felicia L. Whitmore ( "Borrower "). This Mortgage is given to the Housing and Redevelopment Authority in and for the City of Monticello, a public body corporate and politic (the "Authority"). Borrower owes the Authority the principal sum of $9,581.00. This debt is evidenced by a promissory note of even date herewith (the "Note' . This Mortgage secures to Authority: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, advanced to protect the security of this Mortgage; (c) the performance of Borrower's covenants and agreements under this Mortgage and the Note; and (d) is subject to the terms and conditions of that certain Transformation Home Loan Application from Borrower to Authority, approved as of September 12, 2007. For this purpose, Borrower does hereby mortgage, grant and convey to the Authority, with power of sale, the property located in Wright County, Minnesota and fully described in the attached Exhibit A, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant, and convey the Property and that the Property is unencumbered, except for encumbrances of record and as set forth in paragraph 17. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and the Authority agree as follows: 1. PAYMENT OF PRINCIPAL; LATE CHARGES. Borrower shall promptly pay when due the principal on the debt evidenced by the Note and any late charges due under the Note. 320881vt NIM MN190 -131 2. CHARGES; LIENS. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold payments or ground rents, if any. Borrower shall pay these obligations on time directly to the person owed payment. Borrower shall promptly discharge any lien which has priority over this Mortgage unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner reasonably acceptable to the Authority; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Authority's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to the Authority subordinating the lien to this Mortgage. If the Authority determines that any part of the Property is subject to a lien which may attain priority over this Mortgage, the Authority may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within thirty (30) days of the giving of notice. 3. HAZARD OR PROPERTY INSURANCE. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire and any other hazards for which the Authority requires insurance. This insurance shall be maintained in the amounts and for the periods that the Authority reasonably requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to the Authority's approval, which shall not be unreasonably withheld or delayed. If Borrower fails to maintain coverage described above, the Authority may, at the Authority's option, obtain coverage to protect the Authority's rights in the Property in accordance with paragraph 5. All insurance policies and renewals shall be reasonably acceptable to the Authority and shall include a standard mortgage clause. If the Authority requires, Borrower shall promptly give to the Authority all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and the Authority. The Authority may make proof of loss if not made promptly by Borrower. If under paragraph 15 the Property is acquired by the Authority, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to the Authority to the extent of the sums secured by this Mortgage immediately prior to the acquisition. 4. PROTECTION OF THE PROPERTY. Borrower shall not destroy or damage the Property or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in the Authority's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Mortgage or the Authority's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 13, by causing the action or proceeding to be dismissed with a ruling that, in the Authority's good faith determination, precludes forfeiture of Borrower's interest in the Property or other material impairment of the lien created by this Mortgage or the Authority's security interest. Borrower shall also be in default if Borrower gave materially false or inaccurate information or statements to the Authority in connection with the loan evidenced by the Note. 320881v1 MNI MN 190 -131 2 5. PROTECTION OF AUTHORITY'S RIGHTS IN THE PROPERTY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect the Authority's rights in the Property (such as a proceeding in bankruptcy, condemnation or forfeiture), the Authority may do and pay for whatever is necessary to protect the value of the Property and the Authority's rights in the Property. The Authority's actions may include paying any sums secured by a lien which has priority over this Mortgage, appearing in court, paying reasonable attorneys fees and entering on the Property to make repairs. Although the Authority may take action under this paragraph 5, the Authority is not required to do so. Any amounts disbursed by the Authority under this paragraph 5 shall become additional debt of Borrower secured by this Mortgage. Unless Borrower and the Authority agree to other terms of payment, these amounts shall bear interest from the date of disbursement at a rate equal to the interest rate on the Note and shall be payable, with interest, upon notice from the Authority to Borrower requesting payment. 6. INSPECTION. The Authority or its agent may make reasonable entries upon and inspections of the Property. 7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Authority. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Mortgage immediately before the taking, unless Borrower and the Authority otherwise agree in writing, if any, the sums secured by this Mortgage shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and the Authority otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Mortgage whether or not the sums are then due. The Authority acknowledges this Mortgage is subordinate to the liens specifically referred to in Section 17 hereof. 8. FORBEARANCE BY AUTHORITY NOT A WAIVER. Any forbearance by the Authority in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 320881v1 MNI NIN190 -131 3 9. SUCCESSORS AND ASSIGNS BOUND. The covenants and agreements of this Mortgage shall bind and benefit the successors and assigns of the Authority and Borrower. 10. LOAN CHARGES. If the loan secured by this Mortgage is or becomes subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Authority may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. 11. NOTICES. Any notice to Borrower provided for in this Mortgage shall be given by delivering it personally or by mailing it by first class United States mail, postage prepaid, return receipt requested. The notice shall be directed to Borrower at 9988 Westin Drive, Monticello, Minnesota 55362, or any other address Borrower designates by notice to the Authority. Any notice to the Authority shall be given or mailed City Hall, 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, Attention: Executive Director, or any other address the Authority designates by notice to Borrower. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or the Authority when given as provided in this paragraph. 12. GOVERNING LAW, SEVERABILITY. This Mortgage shall be governed by the law of the state of Minnesota. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. To this end, the provisions of this Mortgage and the Note are declared to be severable. 13. BORROWER'S RIGHT TO REINSTATE. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Mortgage discontinued at any time prior to the earlier of, (a) five (5 )days before sale of the Property pursuant to any power of sale contained in this Mortgage; or (b) entry of a judgment enforcing this Mortgage. Those conditions are that Borrower: (a) pays the Authority all sums which then would be due under this Mortgage and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Mortgage, including, but not limited to, reasonable attorneys fees; and (d) takes such action as the Authority may reasonably require to assure that the lien of this Mortgage, the Authority's rights in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unchanged. Upon reinstatement by Borrower, this Mortgage and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. 14. HAZARDOUS SUBSTANCES. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous substances on or in the Property, except those solvents, oils, cleaning materials, and other substances as are used in the ordinary course of Borrower's business. Borrower shall not do, and will use its best efforts not to allow anyone else to do, anything affecting the Property that is in violation of any environmental law. 320881v1 MNI MN190 -131 4 Borrower shall promptly give the Authority written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any hazardous substance or environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory EDA, that any removal or other remediation of any hazardous substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with that environmental law. As used in this paragraph 14, "hazardous substances" are those substances defined as toxic or hazardous substances by environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph i.4, "environmental law" means federal or state laws that relate to environmental protection. 15. ACCELERATION; REMEDIES. The Authority shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Mortgage ( "Event of Default "). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date the notice is given to Borrower by which the default must be cured, provided, however, if Borrower is diligently pursuing a cure, Borrower shall have such additional time as is reasonably necessary to complete the cure; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and sale. If the default is not cured on or before the date specified in the notice, the Authority at its option may require immediate payment in full of any sums secured by this Mortgage without further demand and may invoke the power of sale and any other remedies permitted by law. The Authority shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 15, including, but not limited to, reasonable attorneys fees. If the Authority invokes the power of sale, the Authority shall cause a copy of a notice of sale to be served upon any person in possession of the Property. The Authority shall publish a notice of sale, and the Property shall be sold at public auction in the manner prescribed by law. The Authority or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys fees; (b) to all sums secured by this Mortgage; and (c) any excess to the person or persons legally entitled to it. 16. RELEASE OF MORTGAGE. Upon payment or forgiveness of all sums secured by this Mortgage, the Authority shall discharge this Mortgage without charge to Borrower. Authority shall pay any recordation costs. 17. PRIOR LIENS. The Authority acknowledges this Mortgage is subordinate to the following previously recorded lien on the Property: (a) Mortgage in the amount of $116,892 for the benefit of J.P. Morgan/Chase, recorded in Wright County on , Document No. 320881v1 MNI MN190 -131 5 (b) Mortgage in the amount of $29,500 for the benefit of First Minnesota Bank, recorded in Wright County on October 4L200 Document IrTo. 1068146 (The remainder of this page is intentionally left blank.) 320881v1 MNI MN190 -131 6 Uts Felici . Whitmore STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 7 day of September, 2007 by Felicia L. Whitmore. KATHRYN M. ROMER � NOTARY PUBLIC - MINNESOTA Notary Public my Commission Expires Jan 31, 2010 This document drafted by: KENNEDY & GRAVEN, CHARTERED (MNI) 200 South Sixth Street 470 U.S. Bank Plaza Minneapolis, MN 55402 (612) 337 -9300 320881v1 MNT MN190 -131 S -1 EXHIBIT A TO MORTGAGE LEGAL DESCRIPTION That property located within the City of Monticello, Wright County, Minnesota and legally described as follows: PID # 155- 015- 005130 Lot 013, Block 05, Lower Monticello 290363vi MNI NfN 190-116 A -1 PROMISSORY NOTE $9,581.00 September') 4 'IC, 2007 Felicia L. Whitmore ("Maker"), for value received, hereby promises to pay to the Housing and Redevelopment Authority in and for the City of Monticello, a public body corporate and politic under the laws of Minnesota, or its assigns (collectively referred to herein as "Holder "), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of Nine Thousand Five Hundred Eighty -one and no /100 ths Dollars ($9,581.00) or so much thereof as may be advanced under this Note, without interest thereon, in any coin or currency that at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of this Note is payable as follows: 1. The entire unpaid balance of principal shall be due and payable upon the earlier of the following: (i) thirty (30) days after written notification by Holder to Maker of the occurrence of an Event of Default as defined in the Mortgage given by the Maker to the Holder of even date herewith (the "Mortgage ") and demand of payment according to Section 15 of the Mortgage; or (ii) ten (10) days after the Maker makes or allows to be made any total or partial transfer, sale, assignment, conveyance, lease, or transfer in any other mode, of the Property (as defined hereafter), if such transfer occurs within five (5) years after the date of this Note. If the Maker does not sell the Property within five (5) years of the Loan Closing Date, no payments shall be payable on this Note and the principal balance shall be forgiven. 2. This Note is given pursuant to the completed Transformation Hoene Loan application delivered by the Maker to the Holder and approved by the Holder on September 12, 2007 (the "Application "). If any information in the Application is found to be invalid for whatever reason, such invalidity shall constitute an Event of Default hereunder. 3. This Note is secured by the Mortgage regarding the property described in the Mortgage (the "Property"). All of the agreements, conditions, covenants, provisions, and stipulations contained in the Application and the Mortgage are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If an Event of Default occurs under the Application, the Mortgage, or any other instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note and interest accrued thereon, together with reasonable attorneys fees and expenses incurred by the Holder of this Note in collecting or enforcing payment hereof, whether by lawsuit or otherwise, and all other sums due hereunder or any instrument securing this Note. The Maker of this Note agrees that the Holder of this Note may, without notice to and without affecting the liability of the Maker, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 4. The remedies of the Holder of this Note as provided herein, and in the Application, the Mortgage, or any other instrument securing this Note shall be cumulative and 320882v1 NMMN190 -131 concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or conunission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 5. If any term of this Note, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by law. 6. If any Event of Default occurs, and if Holder engages legal counsel or others in connection with advice to Holder or Holder's rights and remedies under the Loan Agreement or this Note, Maker shall pay all reasonable expenses incurred by Holder for such persons, irrespective of whether any suite or other proceeding has been or is filed or commenced. Any such expenses, costs and charges shall constitute additional principal, payable upon demand, and subject to this Note and the Mortgage. 7. It is intended that this Note is made with reference to and shall be construed as {I Minnesota contract and is governed by the laws thereof. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 8. The performance or observance of any promise or condition set forth in this Note may be waived, amended, or modified only by a writing signed by the Maker and the Holder. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. 3208820 MNI MN190 -131 2 IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the day of September, 2007 Felicia L Whitmore [SIGNATURE PAGE FOR PROMISSORY NOTE] 320882v1 MNI MN190 -131 S -1 CITY'S RIGHTS AND REMEDIES WHEN FIRST MORTGAGE HOLDER FORECLOSES ON PROPERT THAT CITY HOLDS A MORTGAGE ON UNDER A CITY TRANSFORMATION LOAN As you and I discussed, I have set forth below the City's rights and remedies when a person signing the City's, "Transformation Loan Documents ", (" City Loan Documents "), the (`Borrower ") defaults under the terms of a mortgage that is prior to the City's "Transformation Mortgage" on the real property ( "Property ") securing the City's Transformation Loan, the ( "First Mortgage ") and the holder of the First Mortgage ( "First Mortgagor ") forecloses on the Property. 1. City's Rights Prior to Sheriff Sale of Foreclosure by First Mortgagor. The City can bid in and purchase the Property at the time of the Sheriff's Sale of the Property. This would require that the City know when the Sheriff's Sale is to take place and bring certified funds in the amount that the First Mortgagor claims is due under the First Mortgage. The City can find out when the Sheriff's Sale is going to be, by filing with the County a "Request for Notice of Foreclosure" that would require the First Mortgagor to provide notice to the City, of the date of the Sheriffs sale. This is probably not an approach that the City would take since the amount that the City would be required to pay for the Property would be substantial and the Property might not even be worth what the First Mortgagor is owed. If the City did take this approach, they would have to wait for a period of six (6) months (the "Redemption Period "), before they could get clear title to the Property and be able to sell it, unless the Borrower vacated the Property, in which case the City could apply to the Court's to shorten the Redemption Period to five (5) weeks. 2. City's Rights After Sheriff's Sale. The City can file a "Notice of Intent to Redeem" and if the City believes that it can sell the Property for more than the amount owed the First Mortgagor, plus the cost of holding the Property, paying a real estate broker to sell the Property and recover what the City is owed under the Transformation Loan, they could redeem the Property by paying the Sheriff the amount owed the First Mortgagor and get a Sheriff's Certificate of Redemption and then sell the Property. Again, this is not a very likely approach since the Property most likely is not going to be worth the amount it would cost to redeem plus the cost of holding the Property and selling the same. 179674v1 If the City does not exercise either of the foregoing, then the City will lose all of its rights in the Property in that the First Mortgagor would have title to the Property and the City could only take action against the Borrower to collect the amount owing the City under the Transformation Loan. If the City is going to try to collect from the Borrower under the Transformation Loan it would involve suing the Borrower in District Court to obtain a judgment against the Borrower and trying to collect from the Borrower. Before starting a collection action against a Borrower under the Transformation Loan, the City should try to determine if the Borrower is collectible i.e. is working and may be able to pay the City over a period of time or have other property that the City could get title to. Collection actions can be expensive when you take into account the Court filing fees, service of process fees and attorneys' fees and if the Borrower is not collectible, it is just throwing good money after bad. After your review let me know if you have any questions. 179674v1 EDA Agenda — 05/13/15 9. Consideration to adopt the 2015 EDA Work Plan. (JO /AS) A. REFERENCE AND BACKGROUND Attached for consideration is the draft 2015 EDA Work Plan. The plan is based on feedback received during the February, March and April EDA workshops regarding the development of the plan. Staff has attempted to incorporate revisions reflective of the Authority's direction at the workshops. Although staff has prepared the work plan as a single year document, it is understood that many of the goals will require more than one year to realize and some are on- going. The categories for the work plan are reflective of the Comprehensive Plan's primary goals for economic development, which are: • Attracting & Retaining Jobs • Expanding Tan Base • Enhancing Downtown • Facilitating Redevelopment B. ALTERNATIVE ACTIONS 1. Motion to adopt the 2015 EDA Work Plan. 2. Motion of other. C. STAFF RECOMMENDATION Staff recommends the adoption of the 2015 Work Plan, subject to those revisions recommended by the EDA Board of Commissioners. If adopted by the EDA, the work plan will be shared with the City Council, per the EDA's Enabling Resolution. D. SUPPORTING DATA Draft 2015 EDA Work Plan, including Appendix EDA Enabling Resolution EDA 2015 WORK PLAN EDA Purpose: The EDA is charged with coordinating and administering the City of Monticello's economic development and redevelopment plans and programs. The EDA is also responsible for housing and housing redevelopment. EDA Work Plan Mission Statement: The EDA's 2015 work plan is adopted in support of achieving the goals of the Monticello Comprehensive Plan. The EDA will be proactive by developing and undertaking actions for achievement of the Comprehensive Plan's Economic Development goals and will be reactive in responding to economic development opportunities as they arise in the most timely and effective manner possible. The EDA shall utilize the economic development strategies of the Comprehensive Plan as a guide for action. Comprehensive Plan Goals: Attracting & Retaining Jobs Expanding Tax Base Enhancing Downtown Facilitating Redevelopment Housing Choice for Life -Cycle 2015 Action Statements: 1. Research for implementation the adoption of a 2016 EDA (and /or HRA) levy. 2. Research for implementation the use of tax abatement by the City of Monticello, including specific use criteria. 3. Clearly understand allowable uses of available pooled housing increment as a financial resource. 4. Continue to support redevelopment efforts for publicly -owned properties on Block 34. 5. Engage as a partner in other redevelopment opportunities as they arise, actively encouraging redevelopment within the TH25 /CSAH 75 area. 6. Market industrial development at the Monticello Business Center (Otter Creek Business Park), targeting businesses which will be a supplier, customer or collaborative partner to existing businesses within the community. 7. Encourage more proactive lead development and response in all market segments to support a diversified tax base. 8. Develop and re- establish a dedicated economic development staff position to facilitate and support the accomplishment of Comprehensive Plan goals. 9. Market EDA incentive programs in a more proactive manner, both within the community and beyond, beginning with the education on these resources at the EDA level. 10. Actively market for sale for development the EDA -owned properties at Cedar Street, 349 West Broadway and 413 W. 4t' Street. 11. Examine housing stock for aging or blighted properties and research development of programs for redevelopment and /or revitalization. 12. Support the development of the Destination for Innovation brand and implement in economic development activities. Appendix: Monticello Comprehensive Plan, Chapter 5 - Economic Development rrJJlJJ1JJr Ideally, the Comprehensive Plan does not have an Economic Development chapter. The Land Use Plan would be sufficient to channel market forces to meet the development objectives of the community. In reality, certain development needs cannot be met without public intervention. The Economic Development chapter of the Plan focuses on the aspects of Monticello's future that require particular attention and action by the City. These actions include: ► Attracting and retaining jobs ► Expanding the tax base ► Enhancing the economic vitality of Downtown ► Facilitating redevelopment Attracting and Retaining Jobs The creation and retention of jobs is one of the most important objectives for Monticello. Jobs, particularly jobs with income levels capable of supporting a family, are key to achieving many elements of Monticello's vision for the future. ► Jobs attract residents to the community. Jobs will pay a critical role in creating the type of "move up" housing sought by the City. ► Jobs provide the income needed to support local business and government services. ► Retention of businesses promote community stability by keeping jobs and residents in Monticello. The Community Context chapter of the Comprehensive Plan contains a section on Employment. This section contains data about employment in Monticello and of its residents. Among the key findings in this section are: ► While the community added nearly 5,000 people between 2000 and 2010 according to the U.S. Census, it only added 1,430 jobs according to the Quarterly Census of Employment and Wages (QCEW). In 2010, the community had 6,992 jobs according to the QCEW but 7,093 people in the labor force according to the Census. 2008 Comprehensive Plan - Updated 2013 Economic Development 1 4 -1 ► The U.S. Census Bureau, Center for Economic Studies' OntheMap website shows that in 2010 4,597 people leave the community each day to work, while 3,849 people come into the community to work. Only 835 both live and work in the community. ► Approximately 15% of residents in 2010 are employed within the community. This has dropped from 18% in 2002. ► As shown in Figure 4.1, 2012 data from the Minnesota Department of Employment and Economic Development (DEED) on their mnprospector.com website shows that Monticello is made up of a wide range of small to medium sized employers. Only 10 employers have more than 100 employees. Over half have fewer than four (4) employees. ► Workers for Monticello businesses come primarily from Monticello and the surrounding region. Nearly 75% of people working in Monticello live in Monticello, adjacent townships, or other places in Wright and Sherburne counties (2010 OntheMap). ► Nearly 40% of Monticello residents work in Hennepin County, with the largest percentage in Minneapolis, Plymouth, and Maple Grove. Another 15% work elsewhere in Wright County, including Buffalo and St. Michael. ► The 2007 -2011 American Community Survey (ACS) Census reported a mean travel time to work of 28.5 minutes. This is up from the 2000 Census travel time of 24 minutes. The mean travel time in the 2007 -2011 ACS was 29.7 minutes for Wright County and 24.5 minutes for the region overall. Figure 4-1:2012 Total Establishments by Size N O R, , K's-VA-4-P, 1 -4 Employees 254 52.05 5 -9 Employees 97 19.88 10 -19 Employees 64 13.11 20 -49 Employees 42 8.61 50 -99 Employees 21 4.30 100 -249 Employees 7 1.43 250 -499 Employees 2 0.41 500 -999 Employees 1 0.20 Background Reports The City of Monticello conducts studies and assessments as needed to help guide its economic development efforts. The findings and recommendations of these studies are summarized below with the most recent provided first. 2010 Business Retention and Expansion Research (BR &E) Report Monticello's Business Retention and Expansion (BR &E) program was initiated by the City of Monticello, the Monticello Chamber of Commerce and Industry, DEED, and the University of Minnesota Extension. It was also sponsored by over a dozen local businesses. Through the BR &E program, 60 businesses were visited. Findings from the visits and data analysis found: ► 78% of the visited businesses were locally owned and operated. ► 20% of businesses were in manufacturing, 18% in retail trade, and 13% in other services. ► The businesses employed over 1,600 full -time and 975 part -time employees, with a trimmed average (an average where the low and high were discarded to prevent skewing) of 15.38 full -time employees, slightly down from 15.52 three years ago. The firms also had a trimmed average of 7.76 part -time employees, up from 6.96 three years ago. ► Most full -time employees are in manufacturing, food and beverage, retail trade, and medical, while part -time employees are in medical, retail trade, and tourism /recreational services. ► Survey results indicated that the medical industry is the highest employer in Monticello, followed by retail trade and manufacturing. ► Businesses in the community are fairly stable with about half expecting some type of change. The BR &E identified four strategies aimed at helping businesses become more profitable. Each strategy was accompanied by a list of potential projects intended to be ideas for the community to explore. The implementation of the projects is intended to be a collaborative effort among the various sectors of the community. The four strategies identified included: 4 -2 1 Economic Development City of Monticello ► Improve Business Retention and Expansion Through Technical and Development Assistance. ► Improve Labor Force Availability and Productivity. ► Improve Infrastructure to Help Move Goods, Customers, and the Labor Force More Efficiently. ► Improve and Promote the Quality of Life in Monticello. During the 2013 comprehensive plan economic development update process, it was noted that the 2010 Business Retention and Expansion Research strategies were similar to the 2008 Development Strategies. The review process identified the need to continue similar strategies into the future. Preceding the development of the 2008 Comprehensive Plan an assessment was conducted by St. Cloud State University to determine whether a bioscience park should be established in Monticello. At that time the bioscience industry was an economic development focus statewide. While the attraction of a bioscience business is not a particular focus of Monticello today, there are findings of that study that can be useful to consider in the overall development of economic development strategies for the community. Some of the Monticello's strengths for attracting businesses included: ► Land availability (compared to Metro Area). ► Access to major highways (I -94, U.S. 10 and STH 25). ► Regional growth of employment base. ► Development of local fiber optic system. ► Proximity to universities. ► Overall location. ► Expansive park system. ► Monticello Community Center. Recommended business development activities that apply to the attraction and retention of all businesses include ensuring that there are sites suitable and attractive to potential businesses available and ready for development. The community should continue to explore and establish partnerships with a variety of stakeholders that can work together to support business attraction and retention. This includes the identification of funding sources which may be an incentive for businesses locating in Monticello. When available the City should participate in special tax zones that have been made available at the state and federal level to support business development and retention. Expanding the Tax Base A traditional objective of local economic development planning is the expansion of the property tax base. Under the current system of local government finance, property taxes are the largest source of city revenue. For this reason, it is an important aspect of economic development planning in Monticello. Understanding the Property Tax System Effective strategies to promote the growth of the tax base require a clear understanding of the property tax system. Property Valuation There are three forms of property valuation. The foundation of the property tax system is Estimated Market Value. This amount is the value of a parcel of property as set by the County Assessor. In some circumstances, the State Legislature limits the amount of Estimated Market Value that can be used for taxation. These adjustments result in the Taxable Market Value. The value used to calculate property taxes is Tax Capacity. Tax Capacity Value is a percentage of Taxable Market Value. The percentage factors are set by the State Legislature and vary by class of property. Changes in the Tax System Traditional economic development theory seeks commercial and industrial development as a means of building tax base. Historically, the system supported this approach. A dollar of estimated market value of commercial - industrial property carried a higher tax capacity value than residential property. Over the past twelve years, tax "reforms" by the State Legislature have changed this situation. 2008 Comprehensive Plan - Updated 2013 Economic Development 1 4 -3 Figure 4 -2: Changes in Tax Capacity Value - Commercial /Industrial 450,00 Office 400,000 Apt 350,000 Industrial 300,000 Office > 250,000 T Townhome Q v 200,000 Acres 150,000 10 100,000 10 50,000 10 Coverage 30% 0 1997 1998 1999 2000 2001 2002 to 2012 300,000 250,000 200,000 v 150,000 a v X H 100,000 50,000 0 Figure 4 -3: Tax Capacity Comparison Industrial Retail Office Single Townhome Apt Industrial Retail Office Single Townhome AS Acres 10 10 10 10 10 10 Coverage 30% 30% 30% 3 6 12 Development (SF or Units) 130,680 130,680 130,680 30 60 120 EMVperSForUnit 65 80 100 400,000 250,000 150,000 EMV 8,494,200 10,454,400 13,068,000 12,000,000 15,000,000 18,000,000 Tax Capacity 169,134 208,338 260,610 120,000 150,000 225,000 4 -4 1 Economic Development City of Monticello The chart in Figure 4 -2 shows how legislative changes have reduced the tax base created by commercial - industrial development. This chart is based on the tax capacity value for $3,000,000 of Taxable Market Value. The legislative changes in the rates used to set tax capacity mean that this property produced 56% less tax base in 2012 than in 1997. This trend takes on additional meaning when compared to other classifications of property. Figure 4 -3 compares the tax capacity value for the primary forms of development in Monticello. The valuations in this chart are based on assumptions about the density of development and estimated market value of new development. Changes in these assumptions will alter the results. This chart clearly illustrates the current reality for economic development strategies. All forms of development contribute tax base to the community. It is risky placing too much weight on one type of development for tax base growth. In addition, cities do not control the critical elements of the tax system. Changes in the system lead to unanticipated results at the local level. Tax base growth has implications that are unique to Monticello. The chart in Figure 4 -4 shows the distribution of taxes payable in 2011. Utilities, likely largely Xcel Energy, contributes about one -third of the City's taxes, while both commercial /industrial and residential uses contribute 28% each. Enhancing Downtown Maintaining a successful Downtown is an important element of the economic development plan for Monticello. Downtown is a key business district providing goods, services, and jobs for the community. Downtown is unlike any other business district because of its unique role in Monticello's identity and heritage. The Land Use chapter describes plans, policies, and strategies related to Downtown Monticello. Downtown is part of the Economic Development chapter because of the likelihood that city actions and investments Figure 4 -4: Distribution of 2011 Taxes Payable will be needed to achieve community objectives for Downtown. This intervention may include: Public improvements to provide services or to enhance the Downtown environment. Provision of adequate parking supply. Acquisition of land. Preparation of sites for development. Removal of other physical and economic barriers to achieve community objectives. These actions may require the use of tax increment financing, tax abatement, or other finance tools available to the City. In 2011, the City of Monticello conducted a retail market study for Downtown Monticello. The report, Embracing Downtown Monticello, has been incorporated in the Comprehensive Plan as an appendix and serves as a resource for the implementation of the Comprehensive Plan. The study included many components including an identification and analysis of existing businesses, evaluation of shopping areas that are competition for Downtown, a survey of customers, delineation of the trade area, and the establishment of market demand for various businesses. 2008 Comprehensive Plan - Updated 2013 Economic Development 1 4 -5 Some findings of the study included: ► Downtown Monticello enjoys a strategic location between the Mississippi River and I -94. This focuses traffic on TH -25 resulting in traffic counts higher in Downtown than south of I -94 ► Due to physical barriers created by the Mississippi River and I -94, about one -third of Downtown and secondary trade area shoppers must pass through Downtown Monticello to reach the shopping areas south of I -94. ► Downtown has the largest concentration of shopping goods stores and restaurants. ► Downtown's trade area population was estimated at 93,500 in 2010 and is projected to have an annual growth rate of 2.2 %. ► Monticello's large anchor stores (Cub Foods, SuperTarget, Walmart, and Home Depot) create a secondary trade area. The population of the combined Downtown and secondary trade areas was 127,190 in 2010. ► CentraCare Health System, with 25 beds and 600 employees has established Monticello as a regional medical center. ► Increased residential development stimulates increased commercial development. The recent economic conditions have slowed residential development, thus resulting in reduced tenant demand for retail space. ► Additional retail space in Downtown Monticello can be supported by the trade area population. A range of store types can be considered including shopping goods, convenience goods, and food establishments. Downtown's existing wide variety of services limits potential future opportunities. However, market research indicates that Monticello could support additional medical practices. 4 -6 1 Economic Development City of Monticello Figure 4 -5: Embracing Downtown Monticello Primary and Secondary Trade Areas 1, y OTds AV 4 dip 4' WO au ; • t old Ills t. Aligu ,} ;ls ■ fT � - x ■ +� { kf + � x I� tAkm MX hen Ik ew A I + r# Kf s4onl J ea kpl 0 6mynto� Sra]■ J4r ■a o a.candalf U&M Aria � � IJ COMMA - MV MY Kip P Seta V-LIEFAZ + , anwG C Ocfy4tt 2071 MK`.oab GrGUp. Ltd. Om a1 i 4 -6 1 Economic Development City of Monticello Facilitating Redevelopment The Comprehensive Plan seeks to create a place where land use plans, policies, and controls work together with private investment to properly maintain all properties in Monticello. It is recognized that this approach may not succeed in all locations. Despite the best plans and intentions, properties may become physically deteriorated and /or economically inviable. In such places, city intervention maybe need to facilitate redevelopment and prevent the spread of blight. This intervention may include: ► Acquisition of land. ► Preparation of sites for development. ► Construction or reconstruction of public improvements. ► Provision of adequate parking supply. ► Remediation of polluted land as needed. ► Removal of other physical and economic barriers to achieve community objectives. These actions may require the use of tax increment financing, tax abatement, or other finance tools available to the City. Development Strategies The following strategies will be used to implement the Comprehensive Plan in the area of Economic Development: 1. The City must use the Comprehensive Plan to provide adequate locations for future job - producing development (Places to Work). 2. The City should adhere to the Comprehensive Plan to encourage stable business setting and promote investment and expansion of facilities. 3. The City should coordinate utility planning and manage other development to ensure that expansion areas are capable of supporting new development in a timely manner. 4. The City will continue to work with existing businesses to maintain an excellent business environment, retain jobs, and facilitate expansions. 5. In addition to assisting business seeking to locate in Monticello, the City should actively target and market to businesses which will be a supplier, customer or collaborative partner to existing businesses within the community. 6. The City should target and market to businesses which would benefit from Monticello's utility and communications infrastructure. 7. The City will work with the CentraCare Health System to ensure the retention and to promote the expansion of health care services in Monticello. 8. The City will use the Comprehensive Plan to maintain and enhance the quality of life in Monticello as a tool for attracting businesses and jobs. 2008 Comprehensive Plan - Updated 2013 Economic Development 1 4 -7 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013-010 AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council of the City of Monticello, Minnesota ( "City ") as follows: Section 1. Background and Findings 1.01. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act ") to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs for the City. 1.02. By Ordinance No. 172, approved April 10, 1989 and codified in the City Code as Title II, Chapter 3 (the "Enabling Ordinance "), the City established the City of Monticello Economic Development Authority ( "EDA"), for the purpose of coordinating and administering economic development activities in and for the City. 1.03. By resolutions approved on October 22, 2007 and January 14, 2008, the City transferred to the EDA the control, authority and operation of all projects administered by the Housing and Redevelopment Authority in and for the City of Monticello and adopted an Amended and Restated Enabling Resolution (the "Enabling Resolution "), which superceded the Enabling Ordinance in all respects. 1.04. The City Council further amended the Enabling Resolution after a duly noticed public hearing on February 27, 2012. 1.05. The City Council has now determined to revise and clarify certain provisions of the Enabling Resolution by the adoption of this resolution. 1.06. The City Council has, in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on the date hereof, at which all persons wishing to be heard were given an opportunity to express their views, concerning the proposed modifications to the Enabling Resolution. 1.07. This resolution constitutes an amendment and restatement of the Enabling Resolution of February 27, 2012, and supercedes such Enabling Resolution in all respects. Section 2. Enabling Authority. 2.01. The EDA was established pursuant to the EDA Act under the Enabling Ordinance as adopted April 10, 1989 and codified as Title II, Chapter 3 of the City Code, as amended and restated by this resolution. 2.02. The EDA shall be composed of 7 commissioners to be appointed by the Mayor and confirmed by the City Council. 2.03. Two of the commissioners shall be members of the City Council. The terms of office of the two members of the City Council shall coincide with their terms of office as members of the City Council. The remaining five (5) commissioners shall be initially appointed for terms of one, two, three, four, and five years respectively. Thereafter, all non - Council commissioners shall be appointed for six -year terms. 2.04. A vacancy is created in the membership of the EDA when a City Council member of the board of commissioners ends Council membership, when any commissioner ends EDA membership prior to expiration of his or her term of office, on the day following the expiration of a commissioner's term of office, or when a commissioner is removed by the City Council subject to the terms of Section 2.07 hereof . A vacancy for this or any other reason must be filled for a new term or the balance of the unexpired term, as applicable, in the manner in which the original appointment was made. 2.05. All of the commissioners who are not members of the City Council must be either residents of the City, business - owners in the City, or property- owners in the City. 2.06. All commissioners shall serve at the pleasure of the City Council, subject to the terms of Section 2.07 hereof. Vacancies shall be filled by appointment by the Mayor with the confirmation of the City Council. 2.07. A commissioner may be removed by the City Council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least 10 days before the hearing. The commissioner must be given an opportunity to be heard in person or by the counsel at the hearing. When written charges have been submitted against the commissioner, the City Council may temporarily suspend the commissioner. If the City Council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings together with the charges and findings shall be filed in the office of the City Administrator. 2.08. The City Council shall make available to the FDA such appropriations as it deems fit for salaries, fees, and expenses necessary in the conduct of its work. The EDA shall have authority to expend all budgeted sums so appropriated and recommend the expenditures of other sums made available for its use from grants, gifts, and other sources for the purposes and activities authorized by this resolution. Section 3. Officers and Meetings. 3.01. The EDA shall elect a president, vice president, treasurer, assistant treasurer, and secretary annually. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The other offices of the secretary and assistant treasurer need not be held by a commissioner. 3.02. The EDA shall adopt rules and procedures not inconsistent with the provisions of this Enabling Resolution or as provided in Minnesota Statutes, Section 469.096, and as may be necessary for the proper execution and conduct of its business. The EDA shall adopt bylaws and rules to govern its procedures and for the transaction of its business and shall keep a record of attendance at its meetings and/or resolutions, transactions, findings, and determinations showing the vote of each commissioner on each question requiring a vote, or if absent or abstaining from voting, indicating such fact. The records of the EDA shall be a public record, except for those items classified by law as nonpublic data. 3.03. The EDA shall meet at least quarterly. Special meetings may be called by the president as needed. 3.04. All administrative procedures, including contract for services, purchases of supplies, and financial transactions and duties shall be outlined in the bylaws of the EDA. Section 4. Staff. 4.01. The City Administrator, or any other person designated in writing by the City Administrator and approved by a majority of the EDA commissioners, shall be designated as Executive Director of the EDA. 4.02. Subject to limits set by the appropriations or other funds made available, the EDA may employ such staff, technicians, and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 5. Functions, Powers, and Duties. 5.01. Except as specifically limited by the provisions of Section 6 of this Enabling Resolution, the EDA shall have the authority granted it pursuant to the EDA Act, 5.02. The EDA shall manage the Greater Monticello Enterprise Fund (the "Fund ") the purpose of which is to encourage economic development by making loans to private businesses. The EDA shall make loans to eligible businesses, and such loan(s) shall serve a public purpose as defined in the Greater Monticello Enterprise Fund Guidelines (Fund Guidelines). The Fund Guidelines are hereby adopted by reference and included in the bylaws of the EDA. No changes to the fund Guidelines shall be made without approval of the City Council. 5.03. The EDA may be a limited partner in a partnership whose purpose is consistent with the FDA's purpose. 5.04. The EDA may issue general obligation bonds and revenue bonds when authorized by the City Council and pledge as security for the bonds the full faith, credit, and resources of the City or such revenues as may be generated by projects undertaken by the EDA. 5.05. The EDA may cooperate with or act as agent for the federal or state government or a state public body, or an agency or instrumentality of a government or other public body to carry out the powers granted it by the EDA Act or any other related federal, state, or local law in the area of economic development district improvement. 5.06. The EDA may annually develop and present an economic development strategy and present it to the City Council for consideration and approval. 5.07. The EDA may join an official, industrial, commercial, or trade association or other organization concerned with such purposes, hold reception of officials who may contribute to advancing the City and its economic development, and carry out other appropriate public relations activities to promote the city and its economic development. 5.08. The EDA may perform such other duties which may be lawfully assigned to it by the City. All city employees shall, upon request and within a reasonable time, furnish the EDA or its employees or agents such available records or information as may be required in its work. The EDA or its employees or agents may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this resolution. Section 6. Limitations of Power. 6.01. The following limits apply to the EDA and its operation: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the EDA must be in conformity to the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) Except when previously pledged by the EDA, the City Council may, by resolution, require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines are not necessary for the successful operation of the EDA to the debt service funds of the city to be used solely to reduce tax levies for bonded indebtedness of the City. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. (g) The EDA shall submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval. 6.02. The EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (a) all powers under the HRA Act. (b) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (c) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (d) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited partner in a partnership whose purpose is consistent with the EDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public parking facilities. (e) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (f) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the HRA Act), subject to approval by the City Council in accordance with Section 469.033, subdivision 6. (g) all powers under Minnesota Statutes, Sections 469.474 to 469.179. 6.03. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the EDA are to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City, the EDA or the HRA. Section 7. Implementation. 7.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this resolution. 7.02. The Mayor, the City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 7.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution to impose new or different limitations on the EDA as authorized by the EDA Act. ADOPTED BY the City Council of the City of Monticello on this 25th day of March, 2013. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: J46XVII, City Administrator EDA Agenda — 05/13/15 10. Consideration to establish an EDA sub - committee for development of an Economic Development staff recommendation. (JO /AS) A. REFERENCE AND BACKGROUND The EDA is asked to appoint 2 -3 members to an EDA sub - committee for purposes of developing a recommendation for Economic Development staffing. A work group for this purpose was requested by the EDA at its April workshop on the 2015 EDA Work Plan. The sub - committee will review sample job descriptions, the functions of the economic development department (past, present and future), and the contract for Market Matching services as part of developing a recommendation. The goal will be to have a recommendation on staffing for the regular EDA meeting in June, which can then be refined and forwarded to the City Council for consideration and budgeting discussions. Staff would propose a first meeting date of Wednesday, May 20', 2015 at a time to be determined by the new sub - committee. Sample job descriptions, the Market Matching contract, and other supporting materials will be provided in advance of the May 20th, 2015 meeting to sub - committee members. B. ALTERNATIVE ACTIONS Motion to appoint EDA Commissioners and to a sub - committee for development of an Economic Development staffing recommendation. 2. Motion of other. C. STAFF RECOMMENDATION Staff defers to the EDA on the establishment of this work group. This item is being brought forward based on the direction given by the EDA at its workshop. An alternative to the formation of a sub - committee is to allow staff to prepare a staffing recommendation for EDA discussion in June. D. SUPPORTING DATA Sample Economic Development job descriptions. POSITION TITLE: Economic Development Director DEPARTMENT: Economic Development ACCOUNTABLE TO: City Administrator PRIMARY OBJECTIVE OF POSITION: Serves as chief staff to the Economic Development Authority, planning, directing, and implementing the economic development efforts of the City under the direction of the Authority. Performs highly skilled, managerial, coordinative and technical tasks. Generates business leads, promotes business retention and expansion, creates a positive attitude for development and raises supportive public awareness for strategic economic planning and development. DUTIES AND RESPONSIBILITIES: . Prepares, organizes and implements a coordinated target marketing program to generate leads for specific business and industry. 2. Researches, designs, recommends and implements programs to encourage location of new businesses and expansion of existing businesses within the City. Coordinates resources of public and private sectors - i.e. Federal and State Grants, Industrial Development Bonds and SBA Loans, Tax Increment Financing, banks, mortgage companies, etc. 3. Develops strategies and programs for allocation and delivery of City /Authority financial assistance resources. 4. Maintains contacts with Minnesota Department of Employment and Economic Development, area Development Corporations, and area commercial and industrial real estate brokers and developers. Maintains current inventory of potential business location sites within the City - both building and vacant land, including contact persons. 6. Maintains updated demographic data, promotional materials and existing building lists for economic development programs. 7. Works with prospective businesses to tailor a proposal suited to their specific needs, including alternative locations and financing packages. 8. May negotiate economic incentive packages with prospective businesses. Analyzes financial needs of specific companies to insure that public /Authority resources ar e applied judiciously. 9. Maintains contact with current businesses to stay abreast of their future business plans and needs. 10. Identifies and contacts prospective clients for location and expansion within the City. 11. Assists locating or expanding businesses in understanding and anticipating comprehensive plan locations, zoning districts, standards and processes. Works closely with City Planning, Building Inspections, and Engineering Divisions to help facilitate a smooth review process. 12. Periodically reviews all economic development programs for effectiveness, making recommendations to Authority and City officials for changes as deemed appropriate. 13. Participates in exhibitions, seminars, media events and the like to attract businesses to the City. 14. Limited travel may be required to attend conferences, meet with prospective clients, research potential problems, financing, etc. 15. Prepare annual budget and work program for submission to the Authority and City Council. 16. Provide quarterly and annual report to the Authority and City Council regarding status of work program, future program potentials and activities of the staff. 17. Serves as chief staff support to Economic Development Authority. Prepares agendas and background information reports for Authority meetings. Attends meetings of the Authority, Chamber of Commerce, City Council, etc. and follows up staff responsibilities as assigned. 18. Completes other duties as assigned by the Economic Development Authority. KNOWLEDGE, SKILLS AND ABILITIES 1. Thorough working knowledge of the principles, practices and procedure s of economic development. 2. Ability to organize and coordinate support from professional and technical City staff, legal consultants, other government agencies, private business, and the financial services industry. Ability to analyze the economics of a particular business location or expansion project, so as to make independent judgments about the effectiveness of financial assistance or inducements. 4. Ability to establish and maintain contacts and effective working relationships with potential business clients. QUALIFICATIONS Bachelor's Degree in Public Administration, Business Administration, or a closely related field highly desirable. Minimum of three years of experience working in economic development, preferably at the local government level. A demonstrated record of ongoing continuing education in economic development. Economic Development Director City of Monticello Exempt Title of Class: Economic Development Director Effective Date: November 15, 1991 Revised Date: October 13, 2008 February 11, 2011 DESCRIPTION OF DUTIES General Statement of Duties: Performs responsible professional work, planning, promoting, developing and implementing economic development and redevelopment goals for the City; performs related duties as required. Supervision Received: Works under the general supervision of the Community Development Director. Supervision Exercised: None. TYPICAL DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Provides administrative and professional support as the Executive Director for the EDA, managing business affairs and acting as a liaison for the City. Oversees the Authority's financial and fund reports and ensures compliance with the MN Business Subsidy Act and State Auditor's requirements. *Plans, develops, presents for approval and implements long range goals and strategies that support the City Council and EDA goals as reflected in the Monticello Comprehensive Plan and Monticello Redevelopment Project No. I Plan. *Oversees, develops and administers financial funding strategies, policies and programs that support the City's goals and comply with State law. *Encourages commercial and industrial business retention and expansion with existing businesses and property owners. *Negotiates terms and conditions for TIF Districts, purchase agreements, development contracts, loan agreements, assessment agreements and related documents with assistance from the EDA's attorney. *Assists with the land acquisition process for proposed redevelopment and negotiates purchase agreements on behalf of the EDA; may coordinate eminent domain process on occasion as appropriate. *Works with the Community Development Coordinator and Chief Building Official to ensure coordination between economic development and redevelopment projects and the City Zoning ordinance and review process. *Provides city staff with reports on development proposals and project updates and assists in identifying site development issues facing industrial development projects. *Maintains regular contact with business and property owners, developers, real estate agents, lending institutions and related organizations to facilitate achievement of goals; develops and delivers presentations at conferences, meetings and seminars. Economic Development Director City of Monticello Exempt *Primary staff liaison to the Industrial and Economic Development Committee, Chamber of Commerce, Wright County Economic Development Partnership, Economic Development Association of MN and MN Department of Employment & Economic Development. *Identifies new industrial prospects and serves as primary City liaison at prospect stage. *Assists in maintaining open and positive communication between private project owners /managers and city staff from prospect stage through project completion. *Participates in the citywide marketing/branding effort including updating City promotional brochures and videos and maintaining an updated community profile to coordinate economic development marketing and promotional activities and accomplish goals. Maintains updated information pertaining to economic development on City website. *Plans and oversees marketing for City -owned business center. *Prepares and presents information to prospective businesses relating to development opportunities and financial incentives. *Prepares annual business report for the EDA, completes required forms and publishes notices. *Maintains all business records for the Economic Development Department and EDA. *Facilitates review and assessment of current financial incentive tools; explores financial incentives used by other communities for application in Monticello. *Assists in developing and preparing individualized project financing proposals in cooperation with City consultants to meet prospects' financing requirements. *Informs industrial prospects of Monticello site development standards and explains the value to the prospect and City in maintaining high quality industrial areas. *Assists the Community Development Coordinator as needed in providing guidance to business developers from implementation through project completion. Schedules and attends industrial business location visits with the promotional subcommittee and City staff, coordinates and facilitates tours of the City, meetings and luncheons. *Provides finance consultants with information necessary to develop a financial plan including "Source/Use" statement. *Markets the availability of the GMEF and other financial incentives for expansion projects. *Assists developers with preliminary and formal GMEF applications, analyzes formal application and financial information and prepares written recommendation for EDA and Council approval. Recommends TIF assistance level available or refers related questions to city consultants. *Assists developer with TIF application process, assures compliance with statutory requirements and coordinates the TIF process with the County, EDA and Council. *Reviews issues related to compliance with TIF City Guidelines and GMEF Policies /Guidelines; recommends updates as needed. *Monitors UDAG and GMEF balances; recommends authorization of additional funds to the EDA. Prepares EDA agendas for review by the City Administrator and oversees preparation of minutes. *Facilitates annual EDA planning processes in coordination with the Comprehensive Plan and prepares requests for amendments; suggests improvements and drafts written plans. *Assists in preparing and updating economic development and redevelopment portions of the City's comprehensive plan and provides input on other aspects of the plan. *Prepares the annual Economic Development Work Plan and develops and monitors the annual budget. Monitors legislative initiatives related to economic development and redevelopment, which may impact the EDA and City; may provide testimony at the State Legislature. *Prepares city newsletter articles relating to economic development. Economic Development Director City of Monticello Exempt *Schedules City Administrator and IDC teams for Business Retention and Expansion (BRE) visits; conducts and assesses BRE surveys and responds to questions and concerns. *Researches, collects data, and prepares reports as needed or as directed by the EDA or City Administrator. *Provides information and policy recommendations to City Administrator for incorporation into reports to the City Council. *Provides regular feedback to the Engineering Department to ensure up -to -date information is available on existing commercial and industrial properties, owners and utilities /services. May assist in preparation of grant applications. Performs other duties as needed or assigned by the City Administrator. KNOWLEDGE, SHILLS AND ABILITIES *Considerable knowledge of government processes and services, economic research and marketing related to economic development and redevelopment. *Considerable knowledge of industrial property development. *Considerable knowledge of city planning, project development, financing, land acquisition and related areas. *Working knowledge of laws, rules and regulations related to development and related financing and ability to communicate such to industrial project developers. *Considerable skill to operate office equipment including personal computer with Internet, word processing, spreadsheet, Power Point and database management applications. *Considerable ability to create innovative marketing proposals for developers and promote the City as a desirable destination for development or relocation of business and industry. *Considerable ability to plan and coordinate prospect visits and provide prospects with information necessary for considering Monticello as a site for their companies. *Considerable ability to assist community development and engineering staff and developers in resolving site development problems in a positive manner. *Considerable ability to communicate effectively both orally and in writing and maintain effective working relationships with state and federal agencies, property and businesses owners, elected and appointed officials, committee members, potential developers and the general public. *Considerable ability to develop alternatives and determine costs, advantages and disadvantages of various alternatives. *Considerable ability to analyze financial statements including balance sheets, profit and loss sheets and cash flow statements. *Considerable ability to use good judgment in addressing potential conflicts between industrial and commercial interests and City policies, standards and plans. *Considerable ability to perform mathematical calculations, analyze data and prepare reports. Working ability to read and interpret building plans, site plans and city service maps. MINIMUM QUALIFICATIONS Bachelor's degree with major course work in economic development, local and urban affairs, planning or a related field and three years of experience in economic or community development. Must obtain certification from the National Development Council within one year of hire. Must possess and maintain a valid MN Class D Driver's license. *Asterisked items are essential to the job EDA Agenda: 05/13/15 1 11. Director’s Report A verbal report will be provided at the meeting.