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4.2. SR 05-22-2000Item ~ 4.2. MEMORANDUM TO: DATE: SUBJECT: City Council Members Marc Nevinski, Acting Director of Economic Development May 22, 2000 Public Hearing & Consideration of Approval for the use of TRF by R&W Enterprises. 18sue The Economic Development Authority recommended at its May 8, 2000 meeting the R&W Enterprises receive Tax Rebate Financing for the construction of a multi-tenant industrial building in the McChesney Industrial Park. Staff requests that the council hold a public hearing on the matter and consider granting final approval of the TRF request. Background Recently, John Weicht and Mark Rothfork formed R&W Enterprises in order to construct a multi-tenant industrial building on the last lot in the McChesney Industrial Park. The building will be designed to house approximately three to four light industrial companies, who hopefully will grow and expand in Elk River. Additionally, the site plan, which has been approved by the planning commission, combines the parking area with the existing parking at Mark Rothfork's building (see attached site plan in the application), which subsequently increases the size of the building on the site. The total cost of the project is projected to be approximately $758,000. Sources of financing include a $630,000 loan from The Bank of Elk River and a $128,000 equity contribution by R&W Enterprises. Mr. Weicht is requesting that the city rebate its portion of the taxes on the building for a period of four years. Staff has estimated this amount to be $6,159 per year or $24,683 over the term of the rebate period. Mr. Weicht also intends to request that Sherburne County rebate its portion of the taxes on the project for the same four year period. The county's portion is estimated to be $6,412 per year or $25,649 annually. The total tax rebate over the four years is estimated to be about $50,000. Upon receipt of Mr. Weicht's TRF application, staff completed the ratings worksheet used to help analyze such proposals. The proposed project scored a "33", which equates to a "moderately desirable" project. Staff frequently receives inquires for the type of space Mr. Weicht is proposing to construct. Subsequently, although no tenants have as of yet committed to the space, it is likely that the building will lease quickly. Action Requested Staff requests that the City Council: 1. Hold a public hearing to consider the use of TRF for the construction of a multi-tenant industrial building by R&W Enterprises. 2. Consider approval of the TRF application. Attachments · TRF Application · Draft Minutes from May 8, 2000 EDA Meeting · Public Hearing Notice - May 10, 2000 VII. APPLICATION FOR TAX REBATE FINANCING A. APPLICANT INFORMATION Name of Corporation/Partnership ~ Address ~ t~. J~ ~' J> ~'~ Primary Contact Address ~. d, Phone~/~ ! J])7~ On a separate sheet, please provide the following: Brief description of the corporation/partnership's business, including history, principal product or service, etc... Attach as Exhibit A. Brief description of the proposed project. Attach as Exhibit B. List names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership. Attach as Exhibit C. · A but-for analysis. Attach as Exhibit D. Address Phone/~ '// ? O ~ Fax Email Accountant Name Phone~ ?~" q-f-4~ Address Phone ~'/ Engineer Name Address g'(~ Phone ('/,fi. .,~¢ Email Architect Name' Address ~ ~ Phone(/+' .fi 7 8 B. PROJECT INFORMATION 1. The project will be:,~:/" , ~"Industrial: ~'New Construction __ Expansion Redevelopment / Rehab. Class A or B Office which conforms to business park standards Commercial Redevelopment/Rehabilitation Other 2. In addition ,.to the City of Elk River, applicant is requesting TRF funds from: "' Sherburne County School District 728 3. The project will be: Owner Occupied ~eased Space · If leased space, please attach a list names and addresses of future lessees and indicate the status of commitments or lease agreements. Attach as Exhibit E. 4. Project Address ~--~Y' · Include ~g~ Description ~d PID Number. Attach as Exhibit F 5. Site Plan Attached' ~Yes No 6. Total ~ount of TRF Requested: $ ~over City Portion of TRF: ~nual $ ~Total $ County Portion of TRF: ~nual $~~Total $~~ ISD 728 Portion of TRF: ~nual $ ~otal $ 7. Current Real Estate Taxes on Project Site: $ Estimated Real Estate Taxes upon Completion: Phase I $ Phase II $ 8. Construction Start Date: Construction Completion Date: If Phased Project: Year % Completed Year % Completed C. PUBLIC PURPOSE It is the policy of the City of Elk River that the use of Tax Rebate Financing should result in a benefit to the public. Please indicate how th, if project will serve a public purpose. *' Job Creation: Numberofexistingjobs Y ~ Number of jobs created by project ?~ Average hourly wage of jobs created t/~ -/.~-" Y/New industrial development which will result in additional private ~/investment in the area. /,/X ' Enhancement and/or diversification of the city's economic base. )~-~The project contributes to the fulfillment of the City's Strategic Plan for Economic Development. Removal of blight. Rehabilitation of a high profile or priority site. Other: 9 D. SOURCES & USES SOURCES Bank Loan Other Private Funds Equity Fed Grant/Loan State Grant/Loan EDA Micro Loan ~Tax Rebate Financing ID Bonds TOTAL NAME _AMOUNT $ $ $ $. USES Land Acquisition Site Development Construction Machinery & Equipment Architectural & Engineering Fees Legal Fees Interest During Construction Debt Service Reserve Contingencies TOTAL AMOUNT $ 10 E. ADDITIONAL DOCUMENTATION · Applicants will also be required to provide the following documentation. V/ A) Written business plan, including a description of the business, ownership/management, date established, products and services, and future plans B) Financial Statements for Past Two Years .,L __ Profit & Loss Statement Balance Sheet C) Current Financial Statements ~/~ Profit & Loss Statement to Date ~ Balance Sheet to Date D) Two Year Financial Projections F) G) H) I) Personal Financial Statements of all Major Shareholders / Profit & Loss ~ Current Tax Return Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project Application fee of $5.000 (to be returned upon project completion.) Note: All Major shareholders will be required to sign personal guarantees if up front financing of the project is required. The undersigned certifies that all information provided in this application is true and correct to the best of the undersigned's knowledge. The undersigned authorizes the City of Elk River to check credit references and verify financial and other information. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name /ff Date ! 11 TAX REBATE FINANCING PROPOSAL REVIEW WORKSHEET Office Use Only 1. The project meets the criteria set forth in Section V of the Tax Rebate Financing policy. */ a-) -' Me~tsmlnimum thresholds for size, value, and tax capa~;I,y.-IV]l~ g' b) Meets at least one of the objectives in Section I~. [/F_- __~.. c)~ Demonstrates need for TRF with the but-for analysis. e) Consistent with all city plans and ordinances. ~" f)' Serves at least tw.._o public purpose as defined in Section V. 2. Ratio of Private to Public Investment in Project: $ 70~, voo Points: . Private investment ~-~)5:1 5 Public Investment '~ 4 Ratio Private: Public Financing 3:1 3 2:1 2 Less than 2:1 I 3. Job Creation in the City of Elk River: __ Number of new jobs as a result of the project. __ Number of existing/retained jobs divided by 10. 15 Total Points: 25+ 5 20+ 4 1-0¢ .... 2 Less than 10 1 4. Ratio of TRF to new jobs created: $ g~oc~ TRFrequest 15 Number of new jobs created $-~(~0~'~'r less of TRF per new job created $12,000 or less $15,000 or less Over $15,000 Points: 5 4 3 2 1 5. Wage Level of jobs created: Average hourly wage of jobs created: ~ - ~"~ Points: Over $21/hour 5 $18-21 / hour 4 2 l..Tffder $10 / hour 1 6. Project size: Points: The project will result in the construction q,~0,000+ 5 of square feet J ~C)C) ~,4'0,000+ 4 ~0,000+ 3 2 ---~;0o0 6~]~s 1 12 7. Type of Project: ~ 100% Owner Occupied __ Mix Owner Occupied & Investment ~ Investment Property Points: 5 4 3 8. Use: //~ Industrial Project __ Commercial Redevelopment __ Class A or B office construction Points: 5 4 3 9. The project will pay annual property taxes in the first fully assessed year of $ Points: 35,000+ 5 15,000+ 3 10,000+ 2 $10,000 or less i 10. Likelihood that the project will result in/ unsubsidized, spin-off development. *~ Points: __High 5 Moderate 3 . Low~*~ 1 Sub - Total Points: ~) of a possible 45 points. 9. Bonus Points Bonus Points: __ The project will be 100% Pay-as-you-go TRF. ~'~L~3 p0i'~i~ __ The project contributes to the goals of Energy City. 2 points · Product promotes sensible use of energy, OR · Project utilizes significant energy efficient design &/or materials in construction. Total Points: ~ '-~ Overall project analysis: High ~-~oc~erat~ Low Not Eligible 45-38 points ~~9 p°int~,-' 19-0 points 13 w LLC Exhibit D BUT-FOR ANALYSIS WITH NO' i WITH TAX REBATE FI.NANClNG TAX REBATE FINANCING SOURCES AND USES , SOURCES AND USES ... .SOURCES SOURCES Mortgage 830,000 579,713 Equity 128,597 ' 128,597 .Tax Rebate Financing 0 50,.287 TOTAL SOURCES 75,8/597 758.597 USES USES Land= 45,0d0 45,000 Site Work' 22,500 22,500 Soil Correction 0 0 Demolition : 0 0 Relocation 0 01 Subtotal Land Costs 67,500 67,500 Construction 627,976 627,976 Finish Manufacturing 0 .0 *Subtotal. Construction Costs 627,976 627,976 Soft. Costs 10,000 10,000 Taxes 0 0 Finace Fees 21,882 21,882 Project Manager . 0 0 Develper Fee 0 0 Contingency, 31,239 31,239 Subtotal Soft Costs 63,121 63,121 TOTAL USES 758,597 758,597 Income Statement Income Statement Sq, Ft. Per Sq. Ft. ~ Sq. Ft, Per'Sq. Ft. Rent-Space 18,720 $5 93,800 18,720' $5 93,601 Vacancy Loss (936) $5 (4,680) (936) ' $5 (4,680)' Other 0 $0 0 I $0 '0 Subtotal Rent 88,920 88,921 Mortgage. Z0 Te.rm 71,744 20 Term 66,050 9.75% Interest 9.75 % Interest 630,000 Principal 579,7,13 Principal Net Income 1 '~I 176 22,870 Total Return on Equity 13.:37% 17.78% NOTE: Anticipating a 50% occupancy first year or a negative cash flow of $14,625 EO 39~d DOSSV QNV ±HDIBM C BLI~I~IB L~:~ 800E/§8/~8 / t / / / I trttn~ T 04/05/2000 22:37 6124415176 J WEICHT AND ASSOC PAGE Exhibit B R & W ENTERPRISES, L.L.C. P. O. Box 368 Elk River, ':Minnesota 55330-0368 Telephonel. (763) '441-4112 Fax: (763) 441-5176 April 5, 2O00 .City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Attention: Mr. Marc D. Nevinski Dear Marc, In response to your letter of April 4, 2000, here is the information you have requested. R.& W Enterprises, L.L.C. is.being formed: by, Mark Rothfork and John Weicht, who are principals in two existing businesses in Elk River. The purpose of this new endeavor is to create' needed commercial rental'space in the city of Elk River, Our plan is to build as demand requires. This is not primary, to' either of.our businesses and growth will be restricted to · capability to'carry vacant rental space until occupied. Mark Rothfork, the "R", owns an existing building that houses his powder coating company, Ultra Image, and rental space for three other businesses. John Weicht, the "VV", is the managing paCtner in John C. Weicht & Assoc. LLP, a local general contracting firm that specializes.in design build work in the commercial and industrial fields. With other investoi's, he owns over $4';000,000 in other real estate holdings in the Elk-River area. .. R & W Enterprises, L,L,C. will.be owned equally between the two par'[nets, unless financial constraints dictate otherwise. The construction management, as well as future management will · be done by John C. Weicht & Assoc. LLP.. There are no current prospects for te. nants; in this proposed buil.ding. Small industrial'tenants cannot wait six months or 'longer when they need space. This has been verified by calls from existing small industrial firms Ioo. king for immediate rental space. When we cannot help them, they go elsewhere. We. feel EI.k River. is losing potential business because of a lack of adequate space available for this type Of rental. Thank you for your help in this matter. .Sincerely, John C. Weicht R & W ENTERPRISES, L.L.C. P. O. Box 368 Elk River, Minnesota 55330-0368 Telephone: 763/441-4112 Fax: 763/441-5176 BUSINESS PLAN April 4, 2000 Triple net leases to average $5 per square foot: 18720 square feet at $5 equals $93,600 5% vacancy loss (4680) Annual income $88,920 Bank loan: $630,000 borrowed 20 year amortization at 9%% equals Miscellaneous expenses: Estimate $5,978.70 monthly $71,744.40 annually $4,315.90 10% return on investment: 10% of $12,859.70 equals $12,859.70 INCOME Monthly Annually Rental Rate $7,800 $93,600 5% Vacancy Loss (390) (4,680) Net Income $7,410 $88,920 EXPENSES Monthly Annually Bank Loan $5,979 $71,744 · Note Interest only during 18 months Lease up 5,119 61,425 Miscellaneous Exp. 360 4,316 Net Expenses $5,619 $67,428 RETURN ON INVESTMENT Monthly 10% Return on $128,597 $1,072 Annually $12,859 TAX REBATE FINANCING PROJECTION WORKSHEET Project Name: R & W Enterprises TRF Project #: 1 Date: 4-Apr-00 1st $150,000 Remaining Value Tax Capacity Rate City Portion County Portion School District Portion 0.02 0.03 1.19362 0.30194 0.31433 0.56032 Market Value I $ Years of TRF Project I Property's Total Tax Capacit~¢ $ 730,000.00 4 20,400.00 Total Property Taxes $ 24,349.85 $ 50,287.63 City Portion $ 6,159.58 $ 24,638.30 County Portion $ 6,412.33 $ 25,649.33 School District Portion $ 11,430.53 $ 45,722.11 Tim OF ELK l~IVER Member FDIC February 10, 2000 John C. Weicht and Associates LLP Box 368 Elk River, MN 55330 RE: Commitment Letter to R & W Enterprises LLP Dear John and Mark, It gives our bank pleasure to provide this Commitment Letter to you in connection with the construction of a building in the McChesney Industrial Park presently owned by Mark Rothfork. AMOUNT: The maximum loan will be Six Hundred Thirty thousand dollars ($630,000.00) .... II. TERMS: The $630,000.00 loan will be repaid in monthly installments based on up to a twenty-year amortization with interest computed on a 360-day basis with monthly payments with interest only for up to the first eighteen months. The note would have a five year maturity. III. COLLATERAL: The Bank will have a First Lien position on the land and building. IV. LOAN AGREEMENT: The loan agreement will dictate the covenants of the loan as it relates to financial reporting, defaults and acceleration clauses and insurance coverage requirements. V. INTEREST RATE AND FEES: Interest will be computed at a variable rate of New York Prime (currently 8.75%) plus 1.00 (currently 9.75%) and the option to fix the rate for five a_tier the eighteen (18) month interim period. One-half percent bank origination fee plus out of pocket costs will be charged including lien searches, and recording fees, appraisal, title insurance, flood check, etc. VI. GUARANTORS: John C. Weicht and Mark Rothfork. MAIN STREET OFFICE 630 Main Street Elk River, MN 55330 (612) 441-1000 Fax (612) 441-0847 SCHOOL STREET OFFICE 846 Freeport Avenue Elk River, MN 55330 (612) 441-9000 Fax (612) 441-0791 OTSEGO OFFICE 15800 88th Street NE Otsego, MN 55330 (6 i 2) 441-77(X) Fax (612) 441-7755 VII. CONTINGENCIES: This commitment is subject to the following: 1. Satisfactory receipt of appraisal for a minimum of $905,000.00. 2. Satisfactory receipt of a final approvals from the City of Elk River. 3. Satisfactory financial information provided to the bank on the borrower and the guarantors. 41 Title Insurance insuring over mechanics liens with bank disbursement of funds. Please sign the enclosed "copy" of this letter indicating your approval of this letter and along with a check for $1,000.00 to be applied toward closing costs and return a copy in the enclosed envelope by February 21, 2000. If you have any questions or points needing clarification, please don't hesitate to call me. This commitment will expire in 60 days from the date of this letter. Sincerely, Jack E. Ellis Vice President F.,nc. I, the undersigned, do accept this commitment. Borrowers R & W Enterprises LLC Guarantors John C. Weicht Mark Rothfork MEETING OF THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 8, 2000 Members Present: President Dwyer; Commissioners Gongoll, Koenig, Klinzing, Thompson, Farber and Motin Members Absent: None Staff Present: Executive Director Pat Klaers; City Clerk Sandra Peine; Acting Director of Economic Development Marc Nevinski 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 6 p.m. by President Dwyer. Consider A.qenda COMMISSIONER MOTIN MOVED TO APPROVE THE 5/8/00 AGENDA. COMMISSIONER FARBER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider Consent A.qenda The EDA requested the following corrections to the EDA Minutes. April 10, 2000 · The meeting was called to order at 5:30 p.m. April 14, 2000 · Strike Commissioner Bender and add Commission Koenig under Members Present COMMISSIONER KLINZING MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 4/10/00 EDA MINUTES - APPROVED AS AMENDED 4/14/00 SPECIAL EDA MINUTES - APPROVED AS AMENDED CHECK REGISTER - APPROVED COMMISSIONER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Open Mike No one appeared for this item. Consider Request for Tax Rebate Financin.q, John Weicht, R&W Associates Acting Director of Economic Development Marc Nevinski indicated that John Weicht of R&W Associates is requesting to use tax rebate financing ~RF) to Economic Development Authority Page 2 May 8, 2000 construct an 18,000 square foot multi-tenant industrial building in the McChesney Industrial Park. He noted that the total cost of the project is projected to be approximately $758,000 and that Mr. Weicht is requesting that the city rebate its portion of the taxes on the building for four years, which is $24,683 over the term of the rebate period. Marc indicated that Mr. Weicht also intends to request Sherburne County to rebate its portion of the taxes on the project for the same four-year period. Marc explained that the project was rated by the TRF worksheet which resulted in a moderately high rating of 33 points on a scale of 45. John Weicht indicated that the lot on which he is proposing to build would require a unique design to make a project without having to spend a lot of money on soil corrections. He indicated that this is the last lot available in the industrial park. Commissioner Motin questioned how the but/for test was used in this case. President Dwyer indicated that each request was tried on a case-by-case basis. He explained that the present proposal includes working with a difficult piece of land and shared parking, which causes some risk to the project. Commissioner Thompson felt that the EDA might be setting a precedent if profitability is used as a factor to determine whether TRF should be considered. Commissioner Klinzing questioned Mr. Weicht regarding whether the project would go forward without the use of TRF. Mr. Weicht indicated that there would be no project without TRF. Discussion was held regarding whether Sherburne County would approve the request. John Weicht indicated that he would be bringing the request to Sherburne County. He noted that if Sherburne County did not approve the request, he would ask the city to extend its rebate to 8 years. It was the consensus of the EDA that it would not approve an 8-year rebate, but would be in favor of a four-year rebate for this project. COMMISSIONER MOTIN MOVED TO APPROVE THE REQUEST FOR TAX REBATE FINANCING BY JOHN WEICHT FOR A FOUR YEAR TAX REBATE PERIOD BEGINNING WITH TAXES PAYABLE IN 2002. COMMISSIONER FARBER SECONDED THE MOTION. THE MOTION CARRIED 7-0 6. Discussion on Jackson and Main Street Site City Administrator Pat Klaers reviewed the issue of whether the EDA should continue to hold onto the Main Street site and pursue marketing of the site or turn the site over to the city for green space. Commissioner Thompson noted that if the property was going to be held as green space it should be turned over to the city. Commissioner Gongoll concurred with Commissioner Thompson. Commissioner Motin indicated that he felt the area should be preserved as green space, but felt the EDA should retain the property as there are no present plans for the downtown area. Commissioner Farber indicated that he concurred with Commission Motin. Economic Development Authority May 8, 2000 Page 3 COMMISSIONER THOMPSON MOVED TO TURN THE PROPERTY BACK TO THE CITY OF ELK RIVER TO BE USED AS GREEN SPACE OR PARK PROPERTY. COMMISSIONER KLINZING SECONDED THE MOTION. Commissioner Klinzing indicated that the city should encourage groups who are interested in developing the site. Commissioner Koenig indicated that some plans should be in place prior to relinquishing title. THE MOTION CARRIED 4-3. Commissioners Koenig, Farber, and Motin opposed. 6. Update on Director of Economic Development City Administrator Pat Klaers updated the EDA on the status for the search for the Director of Economic Development. 7. Other Business - Incubator Update Acting Director of Economic Development Marc Nevinski informed the EDA that he has received an application from a company to locate in the incubator. He further informed the EDA that T1 lines have been wired in the incubator building and that the cost to wire the suites is $500 to $1,000. He further noted that the T1 lines will hopefully affract some high tech companies. 8. Consider Offer to Settle Northstar Die Castin.cl Law Suit COMMISSIONER GONGOLL MOVED TO CALL AN EXECUTIVE SESSION OF THE EDA TO DISCUSS PENDING LITIGATION REGARDING THE NORTHSTAR DIE CASTING LAW SUIT. COMMISSIONER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 10. Adiournment There being no further business, COMMISSIONER GONGOLL MOVED TO ADJOURN THE MEETING. COMMISSIONER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the EDA adjourned at 6:46 p.m. Sandra Peine City Clerk ?~.; du.~ ~ ~.o.n'MOnday,' May ?;.. ~;:~ 22;~2000,.:at 6t'pm~;~ at~the',Elk Rive~;;~:-' Cit~ ! Ha11,',i3065 i Oroiio. parkway, '! in ~ Section 1469,1812~th!migh ~iimende~ t0'cOnSider'a. Pf~posal.for the. ~?se,,~,of~ ~.'xRebate. Financing ~:.Ab~.' .t~.~}.~it):.~_' the construction of ~Vldaus~:~uflding' .on lot. 3,. block ~,'~ttefidf. th~?ublic beefing ~o expresS'~'e- err.,:' qllestions, and/or ,commellts '. Hearing ~mpaired persons planning to attend;[~ho.ineed an interpreter 'or other p~rsbfls with disabilities.wh0 }[ require'ai~xiliary aids should COntact :.~ Sandy Peine', City Clerk, at 4~14906 by MaY~IT;* 2000: If: you. would ~ .informatibn",~ regarding' the above- d__~ lk~blic hearing notice, please~? call Elk ~Elk,,P~?~ City Hall at 241-.~526. : ;~:~i_ ;~. '.';.~ ..... ~ ,., · .Mar~Nevinski :~:~':~;~ iy-li~)jf~*~:~:''~' ~: ';.!"! "". Development.. ~-'::'i;. f.i.~'-?.'.'~ ~...' . -- . . , .~.' '9..t. ..'