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6. HRSR 01-03-2006ITEM # 6. city E liver MEMORANDUM TO: Housing & Redevelopment Authority FROM: Catherine Mehelich, Director of Economic Development Scott Clark, Community Development Director DATE: January 3, 2006 SUBJECT: Consider Tax Rebate Financing Application for The Bank of Elk River Expansion Attachments • Tax Rebate Financing Application -The Bank of Elk River • City of Elk River Tax Rebate Financing Policy • Staff Correspondence to Pat Dwyer, The Bank of Elk River dated April 11, 2005 • July 11, 2005 City Council Meeting Minutes • Tax Rebate Financing Review Worksheet • Letter from Sherburne County Assessor dated December 28, 2005 • Abatement Fact Sheet -Ehlers & Associates, Inc. Issue The attached application for Tax Rebate Financing (TRF), or abatement, has been submitted by The Bank of Elk River. The Bank is requesting TRF assistance for the expansion of 20,000 square feet to their existing facility downtown. Specifically, the applicant is requesting the City rebate up to $300,000 of its portion of the new property taxes generated from the project, and the County rebate a matching share for a combined total of $600,000. Normally the City has provided tax abatement to manufacturing businesses. Under the City's attached TRF Policy Section V. Project Qualifications "commercial redevelopment or rehabilitation" proposals can be considered for the use of TRF. It is appropriate for the HRA to review and provide recommendation to the City Council of this request since the project involves significant redevelopment in the downtown area. Background Earlier in 2005 staff was notified by representatives of The Bank of Elk River about preliminary discussions to expand the Bank's corporate offices to accommodate an additiona120,000 square feet for current and future growth of the company. The Bank had Consider Tax Rebate Financing for The Bank of Elk River Expansion Project January 3, 2006 HRA Meeting Page 2 of 4 been evaluating the pros and cons of either expanding its corporate office facility located downtown, or to relocate its corporate offices to its commercial location in Otsego. In response to The Bank's financial challenge, staff provided The Bank with the attached correspondence dated April 11, 2005 offering a recommendation for the City's consideration of TRF for the proposed expansion project using the tax revenues derived from the increased market value as a result of the expansion for a maximum period of 10-years. Staff estimated that depending on the increased market value that a range of $410,000 - $559,000 could be generated by the City and County combined over a 10-year period. At its July 11, 2005 work session the Council discussed The Bank's challenges to expanding downtown. As stated in the attached meeting minutes, the Council indicated support for the use of TRF for the proposed project. In addition, the Council indicated that the expansion project, and future expansions, of The Bank would not be denied by the Council based on a lack of parking. Analysis Since the HRA normally does not review TRF requests, attached is an Abatement fact sheet, defining Abatement and summarizing its statutory history. No But For Anal The Bank is requesting that the City rebate its portion of the property taxes up to $300,000, along with a matching amount from Sherburne County, for a total of $600,000. Normally a financial but for analysis would be completed to determine the amount of public assistance necessary for the project to proceed but this TRF application is being processed under the premise that The Bank is incurring substantial additional construction costs by converting the existing facility. This project meets all of the commercial redevelopment objectives found in Section III of the City's TRF Policy. Specifically, found in Section I of the City's TRF policy, it states that "The fundamental purpose of tax rebate financing in Elk River is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TRF." Additional Construction Costs On page five of The Bank's attached TRF application, the contractor estimates that significantly more costs, approximately $940,000, will be incurred to remodel and expand the existing structure as compared to building a similar size structure on the Otsego property. The Bank has stated that without tax rebate the project would be built in Otsego. Functionally, maintaining adequate parking and drive thru access is a challenge due to the shape and size of the lot. In addition, an expansion to the downtown facility presents an opportunity for additional revitalization in the downtown through private investment and expands the downtown employment and customer base which will support small businesses in the central business district. The Application The Bank has submitted a complete application to the City for Tax Rebate Financing. Staff has evaluated the application based on the City's attached TRF Proposal Review Worksheet S:\EDA\TAXABATE\Bank of Elk River\Memos\1.3.06 HRA.doc Consider Tax Rcbatc Financing for'Phe Bank of Elk River Expansion Project January 3, 2006 I IRA Meeting Page 3 of 4 to measure the strength of the project against the city's goals and objectives for the use of TRF. The project scored 44 out of 50 possible points, which equates to a "highly desirable" project. Sherburne County Assessor's Review The Sherburne County Assessor's office has recently reviewed the building plans for the proposed expansion. Per the attached letter, the Assessor's office has estimated the total project market value upon completion to be $4,539,600. The estimated increase in market value as a result of the expansion project is $2,932,900. The following table indicates the breakdown between existing and new estimated market value as a result of the project: Existing New Estimated Total Estimated Market Value Market Value Market Value Market Value $1,606,700 $2,932,900 $4,539,600 Total Tax Payable $58,648 $109,505 $168,153 Annual City Portion $12,000 $27,400 $39,400 Annual County Portion $12,000 $27,000 $39,000 Tob and Wage Goals The Minnesota Business Subsidy Law requires projects which receive over $25,000 of public financing assistance to meet job and wage goals as established by the city. A requirement of the financing assistance to The Bank will include a commitment for the creation of 20 new full-time positions as a result of the expansion project at a minimum hourly wage of $15.00 within two years of project completion. Requested Action Staff is of the opinion that there are three options for consideration of providing TRF for the proposed project. The HRA is considering a recommendation to the City Council for the City's TRF portion, which is $300,000 of the total $600,000 request. 1. Recommend the Council approve providing up to $300,000 based on 100% of the city's annual portion of tax revenue generated from the property (both existing and new market value). This option would extinguish the obligation over a period of approximately 8 years. The concern with this option is that the City's general fund would not annually receive the $12,000 of existing value. 2. Recommend the Council approve providing up to $300,000 of TRF based on all of the new market value and some portion of the existing value in order to keep the term at a maximum period of 10-years. 3. Recommend the Council approve providing up to $300,000 of TRF based on only the new market value. This option would require the city to extend the term of the abatement up to 12 years in order to reach the full amount of assistance, but would allow the city to retain the existing tax base. S:\EDA\TAXABATE\Bank of Elk River\Memos\1.3.06 HRA.doc Consider "1'ax Rebate Financing for The Bank of Elk River Expansion Project ~anuary 3, 2006 I I12A Meeting Page 4 of 4 Staff recommendation Staff recommends that the HRA consider Option 3 and a requirement that The Bank of Elk River create 20 new full-time positions as a result of the expansion project at a minimum hourly wage of $15.00 within two years of project completion. Next Step Following the HRA's recommendation a City Council public hearing will be scheduled, as required by statutes, to consider providing tax abatement and business subsidy to The Bank of Elk River expansion project. S:\ED~1\TAX.~BATE\Bank of Elk River\Memos\1.3.06 HRrl.doc VIII. APPLICATION FOR TAX REBATE FINANCING A. APPLICANT INFORMATION Name of Corporation/Partnership The Bank of Elk River Address 630 Main St. Primary Contact _LeRoy Lindenfelser Address same Phone 763-241-8507 Fax 763-441-0847 Email llindenfelser@thebankofelkriver.com 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. • Abut-for analysis and narrative. Attach as Exhibit D. Attorney Name _Ed Drenttel, Winthrop and Weinstine Address 225 S 6th St, Suite 3500, Minneapolis, MN 55402 Phone 612-604-6675 Fax 612-604-6800 Email edrenttel@winthrop.com Accountant Name Bob Etter, CPA Wolf Etter & Co. Address 8 West Main St, Madelia, MN 56062 Phone 507-642-8882 Fax 507-642-3127 Email better(a~wolfetter.com Contractor Name Jack Holmes Vanman Architects and Builders Inc. Address 669 Winnetka Ave N, Golden Valley, MN 55427 Phone 763-541-9552 Fax 763-541-9857 Email iack(a,vanmanab.com Engineer Name same Address Phone Fax Email Architect Name Rick Keillor. Vanman Architects and Builders. Inc. Address same Phone same Fax same Email rick(a,vanmanab.com f B. PROJECT INFORMATION 1. The project will be: Industrial: New Construction _XX_ Expansion Redevelopment /Rehab. Office/research facility that conforms to business park standards XX Commercial Redevelopment/Rehabilitation 2. In addition to the City of Elk River, applicant is requesting TRF funds from: _XX~ Sherburne County _ School District 728 3. The project will be: _XX_Owner Occupied Leased 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 630 Main St Elk River, MN 55330 • Include Legal Description and PID Number. Attach as Exhibit F 5. Site Plan Attached: XX Yes No 6. Total Amount of TRF Requested: $600,000_over 10 years. City Portion of TRF: Annual $30,000 Total $300,000 County Portion of TRF: Annual $30.000 Total $ 300,000 ISD 728 Portion of TRF: Annual $ Total $ 7. Current Real Estate Taxes on Project Site: $ 62,440.92 Estimated Real Estate Taxes upon Completion: Phase I $ Phase II $ 8. Construction Start Date: Construction Completion Date: If Phased Project: _April, 2006 _April, 2007 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 this project will serve a public purpose. _XX Job Creation/Retention Number of jobs retained 68 Number of jobs created by project 20 - 30 Average hourly wage of jobs created/retained $18.00 New industrial development which will result in additional private investment in the area. XX Enhancement and/or diversification of the city's economic base. _XX_The project contributes to the fulfillment of the City's Strategic Plan for Economic Development. Removal of blight. _XX_Rehabilitation of a high profile or priority site. _XX_Other: Retain 65 jobs in Elk River D. SOURCES & USES SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Equity $3,500,000 Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Rebate Financing $ 600,000 ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $4,100,000 Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ TOTAL $ 3 Exhibit A: The Bank of Elk River was established in 1885 as a partnership between Charles M. Babcock, Houlton and Henry Castle. It was incorporated as a State Bank in 1902. The bank was originally located north of the railroad tracks at the northwest corner of Jackson and Railroad Drive. That building was consumed in the great fire of 1898 that destroyed almost all of Elk River's business district. Anew building was built on Jackson, but it also burned down and had to be reconstructed. That building, at 315 Jackson, served the bank until 1976 when our current building was built on Main Street. Over the years the bank purchased and removed all of the buildings between Jackson Place and the intersection of Highway 10 and Main Street. Two additions were made to the Main Street location to accommodate growth. The Bank of Elk River continues to provide a full line of deposit and loan products to consumers and businesses. With deposits increasing from $153,000 in 1909, to $302 million today, the Bank of Elk River has grown to be the largest bank in Elk River and is in the top-20 banks in the Twin Cities metropolitan area. Exhibit B: A 22,000 square foot, two-story addition will be built along Main Street at an estimated cost of $4.1 million. The addition will be constructed to add a third floor in the future. Extensive remodeling will be done to the current building. Exhibit C: 100% of the stock of The Bank of Elk River is owned by Metro North Bancshares, Inc. Exhibit D: But for analysis. To be provided later if necessary. Narrative. Exhibit D This addition will cost us significantly more than building a similar size structure on our Otsego property. We estimate this figure to be $940,000. Without tax abatement the project will be built in Otsego. `7 Extra costs: Construction on a confined site $100,000* Remodeling costs for present space 250,000* Roof work on present building for snow loads 90,000* Additional architectural detail 200,000* Construction of an employee parking lot across Hwy 10 300,000 (land acquisition, demolition, curb, asphalt and landscaping) Total 940 000 * from Richard Keillor, architect, Vanman Companies. Exhibit E: N/A Exhibit F: Bank Building at 630 Main St. Parcel Number: 75-405-0340 Legal Description: LOTS 2, 3, 4 & W 111 FT OF LOT 5, BLK 3 Plat: 405 -VILLAGE (ELK RIVER) Parcel Number: 75-405-0320 Legal Description: LOT 1, BLK 3 Plat: 405 -VILLAGE (ELK RIVER) Parking lot at the NW corner of Hwy 10 and Main Parcel Number: 75-405-2410 Legal Description: LOT 3, BLK 24 Plat: 405 -VILLAGE (ELK RIVER) E. ADDITIONAL DOCUMENTATION AND CHECKLIST Applicants will also be required to provide the following documentation. XX_ A) Written business plan, including a description of the business, ownership/management, date established, products and services, and future plans _XX_ B) Financial Statements for Past Two Years _XX Profit & Loss Statement XX Balance Sheet N/A_ C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date _XX_ D) Two Year Financial Projections _N/A F) Personal Financial Statements of all Major Shareholders Profit & Loss Current Tax Return N/AG) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration N/A_ H) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in the Project _XX I) Application fee of $5000 Not yet available J) Itemized Project Construction Statement _XX K) Attach the following documentation as Exhibits X Exhibit A - Corporation/Partnership Description X Exhibit B - Description of Project X Exhibit C - List of Shareholders/Partners N/A_ Exhibit D -But-For Analysis N/A_ Exhibit E - List of Prospective Lessees X Exhibit F - Legal Description 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, verify financial and other information, and share this information with other political subdivisions as needed. The undersigned also agrees to provide any additional information as maybe requ~,stec~-ley the City after the filing of this application. Applicant N Map Output Page 1 of 1 ArcIMS HTML Viewer Ma x II ,,~ ~s.~~sat~€~~ I t `` ~-.~s ,~ ``~-n~_ ~ - Legend ° ~ y ~ ..,~T~ ~ tow~h~s ~.. ~ 1 T5-405~34fl ~ Pmts M~ get e,.,~~ Q lift Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department. Contacts: For questions about valuation or classification contact: Assessors Dept. • assessor~co.sherburne,mn,us • phone (763) 241-2880 For questions about taxes due contact: Auditor/Treasurer • auditor{d~co.sherburne.mn,us • phone (763) 241-2590 For address or mapping questions contact: Public Works Dept. • gis@co _sherbume,mn,us • phone (763) 241-7000 For questions on, or to request a copy of, the last recorded deed contact: Recorder • rec_or_der@cosherburne.mn.u§ • phone (763) 241-2915 http://www.Sherburne.mn.promap.com/servlet/com.esri.esrimap.Esrimap?ServiceName=... 11 /28/2005 (_ v m .Z) r m r T O z r ,,ff----~~, m V i- 4 ~ i; ii i~ 4 ~~-~ { '4'~ i T 1. I l II o i I I j I 3~ ~ dk j_~~,;.. ~4~,C i 1, yEw-,- r 1~ $1r 7 r i n tl _J_v _.._1~. .J I ~.p' i q i I ~ _ _ _ i i I-~"~ ~ "~ ~I i t I i i~ ~ Y b --ff- -# i ~ '~ p' ~ r~ 1 .~~i 1 -i,.A LJ~~ 4 A A~~~ ~ "' u M I ~o , di ~i p_ ~~: ~~ rQl. V1 zA 'I °'a ~ ~ ~ ~ ~ I ' g ,- ~~ ~, m. ~, _ -~~ ,' h M// ~° ~~ ;;~ I S pl,~ ._~ ,~i.. . ~ L ~ ~r ~~, I ~~_ 4 ~~ Y `.. G rl~ ~ g ~l{ h # ~ 1 i ('~-mil C q.. l1 ,~ p~~ _ l~°~-< I OOOOOOOOOOOOOOOOOm m'm i i i i I i i i i I i i i ~ i i~ oSc ~~ 5~ z °~~ s~ ~~ m ~~~ ~~ ~~ ~: z ~~8 >^ ~ ~~ ADDITION AND REMODEL FOR: n'TE: ' MnEBr CMn iwT Txs ,,,,,~ TM,„Er~:~°_ VANMAN Architects and Builders BANK OF ELK RIVER UPPER LEVEL "°"'°~ °"`°'"E° ° "` p DOWNTOWN HEADQUARTERS FLOOR PLAN REGiSTE~[O .ncwT n ,1 mvwltNErEAnv[x~[try En~l, st" n urgln [ uw5 O° rwE MINNEAPOLIS. MN 554?] STnTE Or ESOTA. IV 630 Main SUeet ,„n~,t;: ;'= ` W Elk River, Mlnnewla 55330 TE. iaxa. .~o, M1~ ~, oeess e~oseuulw •la~la >lia N .~.N.~,~.... 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Jim Simpson The dank of ELk River 530 ~/Iain Street Elk Fciver, Mi~T 5330 ~: Corceptt:.al Cast 3?stimate for s~ownto~w~n Fsa~ Addition Dear Tim: Tad S~~redin, t3~e es'i~ator fill our office, put together 8 conceptual square footage cast estimate. Wear:. ~~orlcing on a mere detailed estimate that ~,~ll be more accurs?e. T'nese square foot casts include aiaild~g, site work, finishes, and professional fees. T~.ey don't induce bank equipment, sites and fiuniture. stilt in cabinet work like the feller line wor'~ is included. We do not have the exact level of finish determined. but this is a level comparable to the present building. New ~Consti~c#.ion Zower Level b,550 SF @ $155 ! S: _ $1,050,50 Main Level 6,532 SF @ $185 / SF = $1,253,920 Upper Level 5,275 SF @_ $170 / SF = $1,407 250 21,650 SF = $3,751,930 ~tem+udel of ~~istinQ Main Level 3,351 SF @ $90 / SF = $ 304,290 ZRoof Snow Load Structure (lump sum allowance) $ 100,000 Contingency 2% $ 53,124 Tota! 54,239,344 509 ~~linnet;a ~vLnue Norfr1 • Suite 210 • r~tinneapcli~, ~titinnescta 55427 ~8E.32; .L~ ] 7 • 753.54 ] .9:,52 • ficx 703.54 ] .91357 .. _.._.. ,. _ _ -- -L - '-- ~ '''~ I Ii..IN... ~ ~,. __ _tl _;y. _ ... Tae squ~~ ~~~tagP i~r ;~evv cans#~~c~cn abo~~ :s 1,si60 LY ~~o?re u'~e ~~.~~ ~3r~et c L~,l~~(~ ~ ". ~LL'~t1CLT.c~ ~~B 3C3Le ~ iO~I~I ~t~'18'tf3! 17.L'TL'~~'. i `1ti'iIi~C'7aTb° !?2.°;1{'. °v i'I1L.:', fie ~st~snate ~;e~ore ~.xe ~~sic +~n ~~e past. ;~LiL~r, Pri~cir~al Architect Family Owned Since 1885 SEC ~ 3 ~00~ OF ELK RIVER Member FDIC MAIN STREET OFFICE • 630 Main Street • Elk River, MN 55330 • (763) 441-1000 December 21, 2005 Catherine Mehelich Director of Economic Development 1306 Orono Parkway Elk River, MN 55330 RE: Tax abatement application Dear Cathy, The Bank of Elk River pledges to complete the proposed addition within one year of groundbreaking. Z'he project architect says this is a realistic schedule unless there are major material shortages. Please call me at 241-8528 if you have any questions. Sincerely, James M. Simpson President MAIN STREET • SCHOOL STREET • OTSEGO • ZIMMERMAN ELK RIVER WAL-MART • MAPLE GROVE WAL-MART www.TheBankofElkRiver.com r'ity of ~.~lk River 13065 Orono Parkway Elk River, MN 55330 April 11, 2005 Pat Dwyer, Sr. V.P. & CFO The Bank of EIk River 630 Main Street Elk River, MN 55330 Dear Pat, We appreciate the opportunity to respond to The Bank of Elk River's needs and interest in expanding its facilities in downtown Elk River. We recognize the value of The Bank of Elk River's retail and corporate presence downtown and look forward to working with you on the proposed project. The proposed project as discussed at our meeting on March 29, 2005 is consistent with the City and HRA's goal for revitalizing downtown Elk River as a vibrant retail and commercial area by stimulating new investment. Based on the preliuluiary information that's been provided and discussed thus far, staff has prepared this letter as a preluninary proposal for your consideration. Staff supports recommending that the City and Sherburne County contribute to the project via apay-as- you-go tax rebate of 100% of the increased City and County property taxes as a result of the proposed project for a period of up to 10-years. The actual amount of tax rebate assistance that could be provided under this structure would be based on a number of factors including actual tax rates and market value in the year following construction. Staff estimates that the tax rebate assistance could be within the following range depending on the final increased market value as a result of the project: Increased Market Value $ 2,440,000 (20,000sf @ $122/sf) Combined C@ and County Taxes $41,000 annual Total Estimated Amount of Assistance $ 410,000 after 10-years Increased Market Value $ 3,300,000 (20,000sf @ $165/sf) Combined Cit~and County Taxes $ 55,900 annual Total Estimated Amount of Assistance $ 559,000 after 10-year Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us April 11, 2005 Page 2 of 2 We understand that the proposed range of assistance cannot match the significant investment that The Bank of Elk River will make with the proposed project. We look forward to meeting with you to discuss and refine this preliminary proposal as it relates to your project needs. We hope that you will find downtown Elk River to be the continued home of The Bank of Elk River's retail and corporate office. Please feel free to contact either one of us at 763- 635-1000 if you have any questions. Sincerely, ~~,e%~Ut ~~l/C2111.1~ Patrick Klaers Ciry Administrator ~ ~ Catherine Mehelich Director of Economic Development MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY I I, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Moon Members Absent: None Staff Present: City Administrator Pat Maers, City Engineer Terry Maurer, Planning Director Michele McPherson, Director of Economic Development Catherine Mehelich, Assistant Director of Economic Development Heidi Steinmetz, Finance and Administration Services Director Lori Johnson, City Attorney Peter Beck, and City Clerk Joan Schmidt Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider 7/11/2005 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS: 3.1. JUNE 27, 2005 COUNCIL MINUTES 3.2. CONSIDER WESTBOUND BIDS 3.3. RESOLUTION ACKNOWLEDGING CONTRIBUTIONS TO THE POLICE DEPARTMENT FROM THE BANK OF ELK RIVER. MOTION CARRIED 5-0. 4. Omen Mike No one appeared. Worksession 5.1. Update on Bank of Elk River Downtown Building Proposal Director of Economic Development Catherine Mehelich presented her staff report regarding the proposal to expand The Bank of Elk River to accommodate current and future growth. She stated that bank representatives wished to discuss with the City Council the use of Tax Rebate Financing assistance and flexibility on parking requirements. Ciry Council Minutes July 11, 2005 Page 2 Representatives from The Bank of Elk River present were John Babcock and Pat Dwyer. Mr. Dwyer explained how they are outgrowing their current facility, will need approximately 40,000 square feet, and are anticipating adding second and third floors to the existing building. He indicated that even though expansion at the downtown site is more expensive than new construction on the vacant land they own in Otsego, they wish to remain in downtown Elk River and have purchased the Boelter's site along Highway 10 for additional parking. Rick Keillor with Vanman Architects and Builders, Inc. explained the design for the site. The second floor addition of approximately 20,000 square feet would be the first phase. Phase One would also consist of a community room in the basement. Phase Two would be the addition of the third level adding an additional approximately 10,000 square feet. Ms. Mehelich explained that this project does not qualify for Tax Increment Financing (TIF) but would qualify for Tax Rebate Financing (TRF). Staff has estimated $400,000-600,000 of TRF money could be available from the City and County in a 10-year period. City Administrator Klaers stated that the size of this project and having a building three stories in height is consistent with the redevelopment and expansion goals of the HRA and complements the size and scope of the two other downtown revitalization projects that are currently taking place. Director of Planning Michele McPherson explained that with the parking requirement for banks, the total number of spaces required for the building after expansion would be 210 spaces. The Bank's current site after expansion plus the Boelter's lot to the east provides a total of 104 parking spaces. She stated that in the past the City has not required individual sites to provide 100% of their required parking and staff believes that this trend should continue with any bank expansion. Ms. McPherson stated that even though the code requires 210 spaces for parking, she believes that what they will provide and with the sharing of other parking areas, it seems reasonable for them not to have to provide this 100%. She stated that this may need to be reevaluated after all the downtown area projects are completed but that she feels that the parking they are proposing to provide should be sufficient. Ms. McPherson stated that parking in the Boetler's site has been determined to be an accessory use and staff will be reviewing the parking plan for site plan approval, at which time such items as access, grading and drainage, and landscaping will be reviewed. Councilmember Dietz inquired of Mr. Dwyer if the employees would park in the downtown area. Mr. Dwyer answered yes they would. Councilmember Dietz inquired if the 104 parking spaces meet the bank's needs. Mr. Dwyer stated yes and that they are willing to work with this number to show their commitment to remain in the downtown. He stated that individuals could park in the King Avenue parking lot and other public parking areas. Mayor Klinzing stated that she and the council wish to have the bank remain in Elk River and wish to help in whatever way possible to allow them to stay. Ciry Council Minutes July 11, 2005 Page 3 Councilmember Dietz inquired of the bank representatives if what they heard tonight was positive for staying. Mr. Dwyer indicated that it was. Councilmember Motin stated that he agrees with what has been stated tonight and fully supports the use of TRF for this project. He did indicate apprehension over the parking issue. He is in favor of moving forward but feels we need to look at how we can get additional parking in the downtown area. Mr. Babcock stated that their major concern in respect to parking is that when they need to do the expansion for the third floor (perhaps several years from now) there will not be an issue regarding parking. He indicated that what they need now is some reasonable assurance that it is understood that should they start doing Phase One soon and Phase Two in the future that the parking won't be an issue in the future. Councilmember Dietz asked for a timeframe. Mr. Dwyer stated that they are restricted in their current building for space and need this addition just as soon as possible. It was the consensus of this Council to indicate to future councils that with expansion on this site years from now for a third level, that parking is not an issue that should prevent the planned future expansion. 5.2. Downtown Revitalization Project -Discussion with MetroPlains This portion of the Council Meeting was a Joint Meeting with the HRA. HRA Chairman Stewart Wilson called the HRA meeting to order. Commissioners present were: Louise Kuester, Jean Lieser, Larry Toth and Paul Motin. Director of Economic Development Catherine Mehelich presented her staff report. Vern Hanson of MetroPlains Development and Michele Mongeon of JLG Architects were present. Mr. Hanson explained that they have come back with a revised version of the Bluffs of Elk River project, keeping the original character of the sketch as well as providing the overall context to the City of the whole project. Ms. Mongeon indicated that the new revision shows the main part of the building extending westerly popping up the three southerly pieces. She stated that detailing of the top piece is much more prominent. She stated that the corner element is slightly taller with recessed balconies. This current perspective illustrates recessing brick between the two windows with some subtle changes in the rear. Councilmember Motin asked if the back piece is set back. Ms. Mongeon indicated that the red piece is in the same plane with the brick veneer sticking out. She stated if you look at the floor plan this would be on the same plane. The red brick sticks out in front of the buff colored portion of the building. Councilmember Gumphrey inquired as to how much higher the tower is. Ms. Mongeon indicated 18 - 20 inches. Councilmember Gumphrey inquired if there would be a separate balcony on the fourth floor for each unit. Ms. Mongeon replied that they are working with a market study advisor in keeping this option flexible. She stated that some people may wish to have two-space areas. TAX REBATE FINANCING PROPOSAL REVIEW WORKSHEET TC~ RF C`C~MPI FTFI~ RY C`ITY CTAFF 1. The project meets the criteria set forth in Section V of the Tax Rebate Financing policy. _~ a) Meets at least one of the objectives in Section III. b) Demonstrates need for TRF with the but for analysis. c) Consistent with all city plans and ordinances. ~ d) Serves at least two public purposes as defined in Section V. 2. Ratio of Private to Public Investment in Project: Points: S $ 5 Private investment ~ 5:1 5 $ EGY~,OG~ Public Investment 4:1 4 ~o t / Ratio Private :Public Financing 3:1 3 2:1 2 Less than 2:1 1 3. Job Creation in the Ciry of Elk River: Points: S ~ Number of new jobs as a result of the project. 25+ 5 Number of existing/retained jobs 20+ 4 ~~ Total 15+ 3 10+ 2 Less than 10 1 4. Ratio of TRF to new jobs created/retained: Points: S $~~~~ TRF request $8,000 or less 5 ~~ Number of neav jobs created/retained $10,000 or less 4 $ G~8/~ of TRF per neu~ job created /retained $12,000 or less 3 $15,000 or less 2 Over $15,000 1 5. Wage Level of jobs created: Points: Average hourly wage ~ Over $21 / hour 5 of jobs created/retained: ~~ ~ $18-21 /hour 4 $14-17 /hour 3 $10-13 /hour 2 Under $10 /hour 1 6. Project size: Points: 3 The project will result in the construction 40,000+ 5 of square feet ~~ 30,000+ 4 20,000+ 3 10,000+ 2 10,000 or less 1 City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 12 - 7. Ty e of Project: Points: ~_ 100% Owner Occupied 5 Mix Owner Occupied & Investment 4 Investment Property 3 P i t 8. Use: o n s: Industrial or Business Park Project 5 _J~ Commercial Rehabilitation/Redevelopment 4 9. The project will pay annual Points: ~~ property taxes in the first fully 35,000+ 5 assessed year of $l~ /53 25,000+ 4 15,000+ 3 10,000+ 2 Under $10,000 1 10. Likelihood that the project will result in Points: unsubsidized, spin-off development. High 5 t/1~~Ioderate 3 Low 1 Sub -Total Points: ~ ~ of a possible 45 points. 9. Bonus Points Bonus Points: !~ The project will be 100% Pay-asyougo TRF. 3 points /' The project contributes to the goals of Energy City. 2 points • Product promotes sensible use of energy, OA • Project utilizes significant energy efficient design &/or materials in construction. Total Points• Overall project analysis: Hi h 45-38 oints Moderate 37-29 points Low 28-20 points Not Eligible 19-0 points City of Elk Rivex Tax Rebate Financing Policy, Amended August 2002 - 13 - From: 12128/2005 12:08 #030 P.002 Shorburn® County ~1SSES50R GERALD E, KRITZECK, S.A,M.A. 13880 Highway JO Elk River, MN 55330 December 28, 2005 (763) 241-2880 0 1-800-438-0577 ~ Fax: (763) 241-7195 www. co. sherburne. mn. us Catherine Mehelich Director of Economic Development City of Elk River 13065 Orono Parkway Elk River, Mn 55330 The following tax estimate is based on the information that you provided me with on the remodel and new addition to the Bank of Elk River. The estimate of market value is for the 2006 assessment as a completed project. Parcel # 75-405-0340, 75-405-0320 Estimated Market Value Building $3,704,400.00 Estimated Mazket Value Land $ 810,200.00 Improvements to Land $ 25,000.00 Total $4,539,600.00 The estimated tax payable in 2007 using the 2006 proposed tax rate would be approximately $168,153.00. If you have any questions please contact me at (763) 241-2885 Sincerely, ohn Cullen Chief Deputy Assessor Sherburne County Assessor's Office Cc: Brian Bensen, Gerald Kritzeck c qty of Economic Development Tax Rebate Financing Policy & Application Amended: August 2002 Adopted: April 10, 2000 City of Elk River, Minnesota Table of Contents I. Policy Purpose 3 II. Difference Between TRF & TIF 3 III. Objectives of Tax Rebate Financing 3 - 4 IV. Policies for the Use of TRF 4 - 5 V. Project Qualifications 5 - 6 VI. Subsidy Agreement & Reporting Requirements 6 VII. Application Process 7 City of Elk River 7 Application to Other Political Subdivisions 7 VIII. Application 8 Applicant Information 8 Project Information 9 Public Purpose 9 Sources & Uses 10 Checklist & Additional Information 1 1 IX. Application Review Worksheet 12 X. Exhibits 14 A Corporation/Partnership Description B Project Description C Shareholders D But for Analysis E Prospective Lessees F Legal Description and PID Number XI. Sample But-For Analysis 15 City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 2 - I. POLICY PURPOSE For the purposes of this document, the term "City"shall include the Elk Kiver City Council, Economic Development Authority, and Housing and I~edevelopmentAuthority. The purpose of this policy is to establish the City of Elk River's position relating to the use of Tax Rebate Financing (TRF), otherwise referred to as Tax Abatement, for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax rebate assistance. The fundamental purpose of tax rebate frnancin~ in Elk River is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TRF. The City of Elk River is granted the power to utilize TRF by the Minnesota Tax Abatement Act, as amended. It is the intent of the City to provide the minimum amount of TRF, as well as other incentives, at the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on city services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of TRF to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. II. DIFFERENCE BETWEEN TRF &TIF The primary difference between Tax Rebate Financing (TRF) and Tax Increment Financing (TIF) is the way in which the dollars are awarded to the project. When TIF is awarded to a project by the city, the other political subdivisions (the school district and the county) are required to contribute their portion of the increased taxes to the project. Conversely, when TRF is requested, each political subdivision has the option of granting its portion of the increased taxes to the project. Subsequently, the dollars generated for the project with TRF axe generally less than the dollars generated with TIF. III. OBJECTIVES OF TAX REBATE FINANCING As a matter of adopted policy, the City will consider using TRF to assist private development projects to achieve one or more of the following objectives: • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. • To enhance and diversify the city of Elk River's economic base. • To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off 'development. • To facilitate the development process and to achieve development on sites which would not be developed without TRF assistance. • To remove blight and/or encourage redevelopment of commercial and industrial areas in the city that result in high quality redevelopment and private reinvestment. City of Elk Rivex Tax Rebate Financing Policy, Amended August 2002 - 3 - • To offset increased costs of redevelopment (i.e. contaminated site clean up) over and above the costs normally incurred in development. • To create opportunities for affordable housing. • To contribute to the implementation of other public policies, as adopted by the city from time to time, such as the promotion of quality urban or architectural design, energy conservation, and decreasing capital and/or operating costs of local government. IV. POLICIES FOR THE USE OF TRF a. TRF assistance will be provided to the developer upon receipt of taxes by the City, otherwise referred to as the pay-a.ryougo method. Requests for up front financing will be considered on a case-by-case basis. b. Any developer receiving TRF assistance shall provide a minimum of twenty percent (20%) cash equity investment in the project. Projects utilizing the SBA504 program will be required to provide a minimum of ten percent (10%) cash equity investment. c. TRF will not be used in circumstances where land and/or property price is in excess of fair market value. d. Developer shall be able to demonstrate a market demand for a proposed project. e. TRF will not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. £ TRF shall not be used for projects that would place extraordinary demands on city services or for projects that would generate significant environmental impacts. g. The developer must provide adequate financial guarantees to ensure completion of the project; including, but not limited to: assessment agreements, letters of credit, personal guaranties, and etcetera. h. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. i. For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. j. TRF proposals shall not be used to support speculative office projects. Speculative projects are defined as those projects which have pre-leasing agreements or letters of intent for less than 50% of the available space. Ciry of Elk River Tax Rebate Financing Policy, Amended August 2002 - 4 - In addition, leasible office projects must meet the following guidelines: 1. Evidence of the 50% occupancy must be reported to the Director of Economic Development six months following an issued certificate of occupancy. 2. 50% of the jobs within the leasible office building space must be considered "new" jobs to the City of Elk River, meaning jobs not located in the City at any time prior to occupying space in the project. 3. Business retention jobs will be considered on a one-for-one match to job creation only in cases where job loss is specific and demonstrable in accordance with the MN Business Subsidy Law. Evidence may include documentation that the company will have to close involuntarily, or the company has received an attractive offer to move to another state or community. k. All TRF proposals shall optimize the private development potential of a site. V. PROJECT QUALIFICATIONS All TRF projects considered by the City of Elk River must meet each of the following requirements a. The project shall meet at least one of the objectives set forth in Section III of this document. b. The use of TRF will be limited to: • Industrial development, expansion, redevelopment, or rehabilitation; or • Commercial redevelopment or rehabilitation; or • Research and development facilities that satisfy Business Park zoning requirements; or • Office facilities with a minimum new construction of 25,000 square feet and minimum market value of $1,000,000 upon project completion; or • Residential development and redevelopment may be eligible for TRF under a separate set of policies and only with the recommendation of the HRA. The developer shall demonstrate that the project is not financially feasible but for the use of TRF. Evaluation of the project's financial feasibility without TRF shall be provided by the City's financial advisor on requests of over $25,000 total. d. The project shall comply with all provisions set forth in the state's Tax Abatement Law, statues 469.1812 to 469.1815, as amended. City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 5 - e. The project must be consistent with the City's Comprehensive Plan, Land Use Plan, and Zoning Ordinances. £ The project shall serve at least two of the following public purposes: • Job creation or job retention. • Increase of tax base. • Enhancement or diversification of the city's economic base. • Development or redevelopment that will spur additional private investment in the area. • Fulfillment of defined city objectives, such as those identified in the Strategic Plan for Economic Development or the city's Comprehensive Plan, among others. • Removal of blight or the rehabilitation of a high profile or priority site. VI. SUBSIDY AGREEMENT & REPORTING REQUIRMENTS All developers/businesses receiving Tax Rebate Financing assistance from the City of Elk River shall be subject to the provisions and requirements set forth by the City's Business Subsidy Criteria as adopted, and State Statute 116J.993 as summarized below. All developers/businesses receiving TRF assistance shall enter into a Subsidy Agreement with the City of Elk River that identifies: the reason for the subsidy, the public purpose served by the subsidy, and the goals for the subsidy, as well as other subsidy agreement criteria set forth by Statute 116J.993. The developer/business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and Subsidy Agreement have been met, whichever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Elk River no later than March 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the city within 30 days of meeting the requirements. The developer/business owner shall maintain and operate its facility at the site where TRF assistance is used for a period of five years after the benefit is received. In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the borrower shall achieve at least one of the objectives set forth in Section III of this document. Developers /Businesses failing to comply with the above provisions will be subject to fines, repayment requirements, termination of the assistance, and be deemed ineligible by the State to receive any loans or grants from public entities for a period of five years. City of Elk Rivex Tax Rebate Financing Policy, Amended August 2002 - 6 - VII. APPLICATION PROCESS FOR TRF A. CITY OF ELK RIVER Applicant submits the completed application along with a $5,000 application fee. The application fee will be used toward the cost of services provided in the evaluation of financial feasibility and preparation of legal documents. The balance of the application fee will be returned to the applicant. 2. City staff reviews the application and completes the Application Review Worksheet. 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, all necessary notices, resolutions and agreements are prepared by City staff and/or consultants. 5. Public hearing(s) on the proposed project are held. The EDA or HRA recommends approval or denial of the proposal to the City Council. The City Council grants final approval or denial of the proposal. B. APPLICATIONS TO OTHER POLITICAL SUBDIVISIONS It is recommended that applicants intending to seek TRF from Sherburne County and/or School District 728 make their applications to those bodies concurrent with their application to the City of Elk River. For more information on applying for TRF through Sherburne County and/or School District 728, contact: Sherburne County Administrator 763-241-2701 Superintendent -School District 728 763-241-3400 City of Elk Rivex Tax Rebate Financing Policy, Amended August 2002 - 7 - VIII. APPLICATION FOR TAX REBATE FINANCING A. APPLICANT INFORMATION Name of Corporation/Partnership Address Primary Contact Address Phone Fax Email 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. • Abut for analysis and narrative. Attach as Exhibit D. Attorney Name Phone Fax Email Accountant Name Address Phone Fax Email Contractor Name Address Phone Fax Email Engineer Name Address Phone Fax Email Architect Name Address Phone Fax Email City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 8 - B. PROJECT INFORMATION 1. The project will be: Industrial New Construction Expansion Redevelopment /Rehab. Office/research facility that 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 Leased 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 • Include Legal Description and PID Number. Attach as Exhibit F 5. Site Plan Attached Yes No 6. Total Amount of TRF Requested $ over, City Portion of TRF: Annual $_ County Portion of TRF: Annual $_ ISD 728 Portion of TRF: Annual $ 7 years. Total $ Total $ Total $ 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 Year Completed 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 this project will serve a public purpose. Job Creation/Retention Number of existing jobs Number of jobs created by project Average hourly wage of jobs created/retained -New industrial development which will result in additional private investment in the area. -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: City of Elk Rivex Tax Rebate Financing Policy, Amended August 2002 - ~ - D. SOURCES & USES SOURCES NAME Bank Loan Other Private Funds Equity Fed Grant/Loan State Grant/Loan EDA Micro Loan Tax Rebate Financing ID Bonds TOTAL USES Land Acquisition Site Development Construction Machinery & Equipment Architectural & Engineering Fees Legal Fees Interest During Construction Debt Service Reserve Contingencies TOTAL City of Elk River Tax Rebate Financing Policy, Amended August 2002 AMOUNT AMOUNT -1~- E. ADDITIONAL DOCUMENTATION AND CHECKLIST Applicants will also be required to provide the following documentation. 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 Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date D) Two Year Financial Projections F) Personal Financial Statements of all Major Shareholders Profit & Loss Current Tax Return G) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration H) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in the Project I) Application fee of $5000 J) Itemized Project Construction Statement K) Attach the following docun Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F -entation as Exhibits - Corporation/Partnership Description -Description of Project -List of Shareholders/Partners -But-For Analysis - List of Prospective Lessees -Legal Description 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, verify financial and other information, and share this information with other political subdivisions as needed. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name Date City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 11 - EXHIBIT A Description of the corporation or partnership ~~~i~~=j~~=j Description of the proposed project EXHIBIT C Names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership. EXHIBIT D But for analysis EXHIBIT E Prospective Lessees EXHIBIT F Legal Description and PID Number Ciry of Elk River Tax Rebate Financing Policy, Amended August 2002 - 14 - X1. SAMPLE BUT-FOR ANALYSIS WITH NO WITH TAX REBATE FINANCING TAX REBATE FINANCING SOURCES AND USES SOURCES AND USES SOURCES SOURCES Mortgage 9,600,000 8,667,000 Equity 2,400,000 2,400,00 Tax Rebate Financing 0 933,000 TOTAL SOURCES 12,000,000 12,000,000 USES USES Land 1,500,000 1,500,000 Site Work 300,000 300,000 Soil Correction 468,000 468,000 Demolition 100,000 100,000 Relocation 65,000 65,000 Subtotal Land Costs 2,433,000 2,433,000 Construction 6,750,000 6,750,000 Finish Manufacturing 250,000 250,000 Subtotal Construction Costs 7,000,000 7,000,000 Soft Costs 350,000 350,000 Taxes 35,000 35,000 Finance Fees 850,000 850,000 Project Manager 542,000 542,000 Developer Fee 540,000 540,000 Contingency 250,000 250,000 Subtotal Soft Costs 2,567,000 2,567,000 TOTAL USES 12,000,000 12,000,000 Income Statement Income Statement Sq. Ft. Per Sq. Ft. Sq. Ft. Per Sq. Ft. Rent-Space 1 100,000 $8.00 800,000 100,000 $8.00 800,000 Rent-Space 2 25,000 $8.50 212,500 25,000 $8.50 212,500 Rent-Space 3 25,000 $9.00 225,000 25,000 $9.00 225,000 Other 0 $0.00 0 0 $0.00 0 1,237,500 1,237,500 Mortgage 20 Term 1,051,646 20 Term 949,439 9.00% Interest 9.00% Interest 9,600,000 Principal 8,667,000 Principal Net Income 185,854 288,061 Total Return on Equity 7.74% 12.00% City of Elk River Tax Rebate Financing Policy, Amended August 2002 - 15 - i In the 19971egislativesesion, Representative Ron Abrams from Minnetonka authored legislation to allow individual political subdivisions (county, cit town, or school district) to return their proportional share of all or a portion of a building's property taxes (see H.F. 2163, Laws of Minnesota, Article 2, Sections 45 to 48, or Minnesota Statutes, Sections 469.1812 to 469.1815). Abatements were designed to give each jurisdiction a voice in economic and redevelopment efforts, limit the state's financial liability through the school fmance system, and enable new business retention efforts. Complications arose in the mechanics of abatements and, more importantly, from the reintroduction of levy limits for taxes payable in 1998 and 1999. The 1998 Legislature passed legislation to exempt these abatements from the levy limits and also allow bonds to be issued as a means to finance the development. The 1999 through 2003 Legislatures, in an effort to make abatement a more viable economic development tool, has further expanded the scope of abatement authority. The nuts and bolts of the abatement program aze as follows: ^ The abatement is a tax rebate rather than an exemption from paying taxes. ^ The taxpayer pays taxes on the abated property in the same manner it would if the taxes were not being abated. The county pays the abatement to the general fund of the political subdivision without identifying the amount of the abatement. ^ The 1999 Legislature expanded the meaning of the term abatement to encompass agreements to defer property taxes without interest or penalties. The city, town, county or school district can levy taxes as usual, defer payments for up to ten years, impose a set repayment schedule, and abate the penalties and interest. ^ Towns may take action on tax abatement at any meeting, not only at their annual meeting. The 1999 Legislature gave the town boazd the power to approve the abatement resolution at other times, but unfortunately, the new legislation did not change the defmition of "governing body". The 2001 Legislature corrects the defmition of governing body to authorize town boards (rather than the annual meeting) to approve abatement, and is retroactive to the date of the 1999 change (May 26, 1999). ^ As of May 26, 1999, a school district may abate its entire tax capacity based levy (previously could only abate 60% to 75%). A school district may not abate market value based levies. School boards, also as of May 26, 1999, may now grant abatements for the entire term of the abatement (previously they could only approve the abatement one yeaz at a time). School districts may levy an additional property tax to pay for their abatements. The school district will not lose net revenue by using the program. ^ The maximum term of the abatement is ten years if the city (or town), county, and school all participate. If one or more entities decline, the maximum term is 15 for all participating entities, not just the requesting unit of government, under legislation passed in 2001. The 2002 Legislature extended the duration limit for a period of up to 20 years if the abatement is for a "qualified business". ^ The 2003 Legislature doubled the maximum that an entity can abate to the greater of $200,000 per yeaz or 10% of the entity's levy. ^ Taxes payable from the market value of a new or existing building, and, as of May 26,1999, the value of land and any fiscal disparities contributions (for metro and taconite credit areas only) may be abated. The maximum annual abatement equals the political subdivision's local tax rate multiplied by the net tax capacity of the parcel. FREERS & ASSOC/AYES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113 651.697.8500 ^ Abatements are authorized to finance public infrastructure, whether or not the benefitted infrastructure is on or adj acent to the parcel for which the tax is abated. The owner of a parcel for which taxes are abated need not consent. Thus, a political subdivision may approve an abatement for certain parcels and use the retained taxes to finance public improvement projects. ^ The notification requirements include a public hearing with a 10 to 30 day publication notice. ^ The findings required by a council or board include general statements of tax base, preservation, employment, public facilities, blight, or access to services. ^ G.O. Abatement Bonds can be issued without affecting net debt and can be issued without a referendum under certain conditions. Authorities may increase their abatement levies to make up for shortfalls resulting from class rate compression. Effective for bonds issued or sold after July 1, 2001, abatement bonds used for buildings primarily used to conduct the business of a unit of government must require approval by the voters in a referendum, under legislation passed in 2001. ^ Abatement does not require a property owners consent. ^ Abatements cannot be used in concert with tax increment financing, but can be utilized after a TIF district is decertified. ^ Effective for abatement levies payable beginning in 2002, the 2001 Legislature authorizes political subdivisions to increase their abatement levies to make up for shortfalls from class rate compression. Another issue which complicates the abatement program is the specific authority of a governmental body to pledge its abatements to the debt of another governmental entity, if the debt is not a G.O. Abatement Bond. Many attorneys differ on the interpretations of the pledges allowed and what exactly constitutes a G.O. Abatement Bond. We recommend that abatement always be utilized in conjunction with a development agreement that clearly spells out the developer's responsibilities with respect to improvements and job and wage goals. Abatement is a "business subsidy" and as such is subject to Minnesota Statutes, Sections 116J.993 through 116J.995. Ehlers & Associates, Inc. -Abatement