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Miller Development MOA 40-42 Main StreetTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM August 29, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Memorandum of Understanding with Miller Development Group Economic Development Director Dave Heiar recommends City Council approval of a Memorandum of Understanding between the City of Dubuque and Miller Development Group to redevelop property located at 40-42 Main Street in downtown Dubuque. Miller Development Group plans to redevelop 40-42 Main Street into market rate apartments. The property is approximately 30,000 sq. ft. and will have 14 apartments and 9,000 sq. ft. of commercial space when completed. The anticipated investment in the project is $3,200,000. The implementation of the Memorandum of Understanding will include the following steps: The preparation and approval of an application for Enterprise Zone Benefits, and the approval of a contract between the Iowa Department of Economic Development, the Company, and the City Council. 2. Applications for State and Federal Historic Tax Credits. 3. Expansion of the Greater Downtown Urban Renewal District to include the property located at 40-42 Main Street. 4. The preparation and approval of loan documents for the Downtown Rehabilitation Loan and Grant program. This will include a $300,000 Downtown Rehabilitation Loan, $10,000 Facade Grant, and a $10,000 Design Grant. It should be noted that all the available funds in the downtown loan pool are currently committed to other projects until FY 2014. If the loan pool is recapitalized beyond the recapitalization amounts stated in the FY2008 Budget, it is possible to close on this loan prior to FY 2014. If no new funds are provided to recapitalize this loan pool, and if all current loan payments are received on time, this loan would commit our loan pool resources until FY 2016. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF ~,,, SUB E MEMORANDUM Master~?iece on the Mississippi. August 28, 2007 TO: Michael C. Van Milligen, City Manager ~~ FROM: David J. Heiar, Economic Development Department SUBJECT: Proposed Memorandum of Understanding with Miller Development Group INTRODUCTION The attached resolution provides for the approval of a Memorandum of Understanding between the City and Miller Development Group to redevelop property located at 40-42 Main Street in downtown Dubuque. DISCUSSION Miller Development Group is owned by Chris Miller who recently moved back to the area from Philadelphia, Pennsylvania. He worked for a real estate investment firm in Philadelphia where he was the Associate Director of Site Acquisitions. His family decided to move back to the area so his wife could join her father's (Dr. John P. Kramer) dental practice. Chris hopes to redevelop 40-42 Main Street. Chris's father, Bill Miller, has over 35 years of experience in the construction industry and is the premier builder in the Galena Territory. He will be retiring from Galena Hillside Homes at the end of the year and will be joining Miller Development Group full time. Miller's plans are to redevelop 40-42 Main Street into market rate apartments. The property is approximately 30,000 sq. ft. and will have 14 apartments and 9,000 sq. ft. of commercial space when completed. The anticipated investment in the project is $3,200,000. To help finance the redevelopment, Miller plans to access several public funding sources. Miller would like to gain access to the City's Downtown Rehabilitation Loan Program, Facade Grant Program, and Design Grant Program which are only available to properties within the Greater Downtown Urban Renewal District. Miller is asking the City to expand the Greater Downtown Urban Renewal District to include 40-42 Main Street. Miller is also planning to use Federal and State Historic Tax Credits to fund this project. He is currently in the application phase for these credits. 40-42 Main Street is currently located in one of the City's Enterprise Zones which makes available a 10% investment tax credit on housing expenditures. Miller has asked for assistance from the City to utilize this program. The Memorandum of Understanding spells out the condition that the City will assist in accessing these funds if Miller completes the redevelopment of the property by December 31, 2009. This timeline will allow for the Historic Tax Credit process, the Urban Renewal Amendment process, and for the construction phase of the project. The implementation of the Memorandum of Understanding will include the following steps: The preparation and approval of an application for Enterprise Zone Benefits, and the approval of a contract between the Iowa Department of Economic Development, the Company, and the City Council. 2. Applications for State and Federal Historic Tax Credits. 3. Expansion of the Greater Downtown Urban Renewal District to include the property located at 40-42 Main Street. 4. The preparation and approval of loan documents for the Downtown Rehabilitation Loan and Grant program. This will include a $300,000 Downtown Rehabilitation Loan, $10,000 Facade Grant, and a $10,000 Design Grant. It should be noted that all the available funds in the downtown loan pool are currently committed to other projects until FY 2014. If the loan pool is recapitalized beyond the recapitalization amounts stated in the FY2008 Budget, it is possible to close on this loan prior to FY 2014. If no new funds are provided to recapitalize this loan pool, and if all current loan payments are received on time, this loan would commit our loan pool resources until FY 2016. RECOMMENDATION I recommend the City Council review, discuss, and approve the Memorandum of Understanding. ACTION STEP The requested action is for the City Council to adopt the attached resolution approving the Memorandum of Understanding, and instructing the City Manager to prepare the appropriate documents for City Council approval of the incentive package. F:\USERS\DHeiar\40-42 South Main\Council Memo for MOU.doc Prepared by David J. Heiar City of Dubuque 50 West 13~' Street Dubuque, IA 52001 (563) 589-4393 RESOLUTION NO. 463-07 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH MILLER DEVELOPMENT GROUP FOR THE REDEVELOPMENT OF 40-42 MAIN STREET Whereas, Miller Development Group is proposing to redevelop property located at 40-42 Main Street in the City of Dubuque, and Whereas, the City is encouraging the Company to invest in Downtown Dubuque, and Whereas, a Memorandum of Understanding has been prepared for said redevelopment, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding Passed, approved and adopted this 4th day of September, 2007. ~/I~.O Roy D. Buol, Mayor ATTEST: Jeanne F. Schneider, City Clerk 1=:\USERS\DHeiar\40-42 South Main\Resolution MOU.doc MEMORANDUM OF UNDERSTANDING Whereas, Miller Development Group, a local developer wishes to redevelop property located at 40-42 South Main Street into a Mixed-Use facility; and Whereas, the property is not currently located within the Greater Downtown Urban Renewal District making the property ineligible for the Downtown Rehabilitation Loan Program; and Whereas, the City of Dubuque believes this project will be beneficial to the community; and Whereas, the City of Dubuque and Miller Development Group desire to enter into further discussions concerning placing the property into the Greater Downtown Urban Renewal District, the parties propose the following: 1. Miller Development Group (Developer), owning the building as 40 Main LLC, will redevelop the property located at 40-42 South Main Street into amixed-use facility. The redevelopment will consist of renovating 30,000 sq. ft. of space into 14 housing units and 9,000 sq. ft. of commercial space at a minimum investment of $3,200,000. 2. The property will be fully redeveloped and completed by December 31, 2009. 3. The City of Dubuque will expand the Greater Downtown Urban Renewal District to include property located at 40-42 South Main Street to make the property eligible for the Downtown Rehabilitation Loan Program, Facade Grant Program, and Design Grant Program. a. The amount of funding from each of these programs the property would be eligible for are as follows: i. $300,000 Downtown Rehabilitation Loan ii. $10,000 Facade Grant iii. $10,000 Design Grant The first 5 years of the loans are interest only payments. Interest rate is 3%. Principal and interest payments begin in year 6 and the principal is amortized over 15 years. At each location a $2,000 credit is given for every job or housing unit created within two years of the closing of the loan and maintained for a three year period. 4. In consideration for the Company's intentions as described in Paragraphs 1. and 2., and as an incentive for expanding downtown, the City will provide the following incentive package to the Developer: • Enterprise Zone Benefits: Subject to the Company meeting the requirements of the program, approval by the Dubuque Enterprise Zone Commission and State of Iowa approval of the Company's application, the City will execute a three party Enterprise Zone Agreement with the State and the Company, pursuant to which the Company would be eligible for benefits under the program. These benefits include a refund of sales and use tax charged for materials in the renovation of the building and an Iowa State tax credit equal to 10% of the Company's investment in the project. 5. The Company acknowledges that in order for the City to secure such incentives, certain requirements are imposed upon the Company as specified in the respective program regulations. The Company agrees to cooperate with the City, the State of Iowa, and the United States Department of Housing and Urban Development by providing the information and documents necessary for the approval of loans and applications for financial assistance above. 6. Notwithstanding any other provision of this Memorandum of Understanding, the City shall have no obligation to the Company under this Memorandum of Understanding until and unless definitive agreements are entered into between the Company and the City, and approved by the City Council and the Company's appropriate officers. 2 Approved this 4th day of September, 2007 by and between Miller Development Group, and the City of Dubuque, Iowa. MILLER DEVELOPMENT GROUP Christopher Miller Attest: CITY OF DUBUQUE Roy D Buol, Mayor Jeanne F. Schneider, City Clerk F:\USERS\DHeiar\40-42 South Main\MEMO of UNDERSTANDING.doc 3 July 23, 2007 Mike Van Mi{iigen City Manager 2'~ Floor, City Hall 50 West 13'h Street Dubuque, IA 52001 Re: Expansion of the Greater Downtown Urban Renewal District Mr. Van Milligan, I am writing fio request the expansion of the Greater Downtown Urban Renewal District th encompass 40-42 Main Street. I currently have the property unc~r contract with Wally BroMm and plan an adaptive reuse of the vacant building. The building stands three sfiories and is 28,566 square feet. Please find included in this package the plans which show commercial use on the fast floor and residential apartments on the second and third floors. I am sane you are aware renovations of historical buildings are very costly. tf included in the Urban Renewal District, I plan to apply th apply for the revolving loan program, which will make finanang this project more feasible. Also included is the budget for the project completed by Chris Wand of Dumant The initial renovation costs for this project are aver $3 MiNion. I have applied for Federal and State Tax Credits and plan to enlist the property ~ the National Register of Historic Places when completed. Without multiple programs like tax credits and law interest loans, a project like this could not be completed. Feel free to corrtact me with any questions you may have. I kx~k forward to hearing from you. Regards, Chris Miller 563-580-9306 Christ~millerclevelopmentgroup.Corr CC: David Heiar Dubuque Legend °®d, ~I~~ Chris Miller Project Location ~~~~~% Ice Harbor Subarea A TF'E~'T'"°' '-. Old Main Subarea DUBtE .~-iaGr~ ryiccc cn :Le .~9issis>ih)>~