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6. EDSR 06-14-2010REQUEST FOR ACTION To Item Number Economic Development Authority 6, Agenda Section Meeting Date Prepared by June 14, 2010 Annie Deckert, Economic Develo ment Assistant Item Description Reviewed by Consider EDA Micro Loan Application Catherine Mehelich, Director of - The Pizzeria Economic Develo ment Reviewed by Action Requested The EDA is asked to consider the EDA Finance Committee's recommendation for approval with conditions. • $75,000 Micro Loan to The Pizzeria (Galli Companies, LLC) Background/Discussion The attached staff report to the EDA Finance Committee and June 9, 2010 committee meeting minutes provide background regarding the Micro Loan request. The applicant is anticipated to be at the EDA meeting to respond to any questions about the proposed project. Financial Impact The Micro Loan Fund has a current cash balance of approximately $557,065.18 The Finance Committee is recommending EDA approval of the following Micro Loan and term: Applicant: The Pizzeria (Galli Companies, LLC) Loan Terms: $75,000 at 2% interest, 15-year amortization/5-year balloon Purpose: Assist in financing equipment and internal and external building revitalization necessary in starting up the business Security: First position mortgage on 315 Jackson Conditions: Building permit approval, home refinance loan approval and assignments of rent included in loan documents Attachments • EDA Finance Committee Meeting Minutes dated June 9, 2010. • EDA Micro Loan Fund Policy and Guidelines • Staff report to EDA Finance Committee re: The Pizzeria Micro Loan Application, June 9, 2010. Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Economic Development\Micro Loan Fund\LOANS\The Pizzeria\6.14.10 EDA Action Requested.doc City of Elk River The Light Industrial Hub of the Northwest Metro Economic Development Micro Loan Fund Policy & Guidelines And Application Amended: November 2006 Amended: May 2006 Amended: June 2004 Adopted: September 1999 City of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY & GUIDELINES 1. PURPOSE The Economic Development Authority for the City of Elk River (EDA) recognizes the need to stimulate private sector investment into manufacturing facilities and equipment in order to create new jobs, boost productivity and retain existing jobs for local residents. Additionally, the need exists to encourage investment in the expansion and/or rehabilitation of commercial and retail buildings in order to maintain the economic viability of Elk River's Downtown District . Subsequently, the purpose of this program is to provide low interest, long-term (i.e. greater than one year) loans as incentives for industrial development within the City of Elk River and to encourage commercial and retail business owners in the Downtown District to rehabilitate their existing buildings. 11. LOAN PROGRAMS In order to meet the economic and community development objectives of the EDA, two distinct loan programs exist within the Micro Loan Fund to promote business growth uz Elk River. Industrial Incentive Program Purpose: The purpose of the Industrial Incentive Program is to encourage industrial and high technology business development that supports the tax base and brings quality jobs to the city. Amount: Up to $100,000 of secondary financing not to exceed 20% of the project cost. Equity: Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Rate: Fixed; 2 points below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 3%, whichever is greater. Term: Financing with a balloon payment ui 5-years. The balloon payment must not be longer than the balloon payment of the participating bank. Loans may be amortized up to the following limits: 20-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Micro Loan Fund Policy & Guidelines Page 2 of 14 Amended November 2006 Criteria: 1. Borrower must be an industrial or high technology firm and create one new full-time job for each $20,000 loaned within 2 years. Said jobs must pay a minimum wage of $10.00 per hour excluding benefits required by law. Loans in excess of $75,000 shall meet the attached City of Elk River Business Subsidy Policy for the creation of new jobs at a minimum wage of $15.00 per hour excluding benefits required by law, as well as a 5-year location requirement. In the case where the multiple sources of public financing are requested (e.g. Micro Loan and Tax Increment Financing) job creation goals shall not be double-counted. 2. Borrower must comply with the provisions of the city's Industrial and Business Park zoning ordinances as applicable. Downtown Rehabilitation Financing Program Purpose: The Downtown Rehabilitation Financing Program is available to business and property owners in the Downtown District (DD) for the rehabilitation and restoration of their buildings. Amount: Up to $75,000 of secondary financing (not to exceed 40% of the project cost. Equity: Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Rate: Fixed at 2%. Term: Financing with a balloon payment in up to 5-years. Loans may be amortized up to the following limits: 20-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan maybe extended up to two additional years at a market rate of interest. Criteria: 1. At a minimum, 20% of Micro Loan dollars must be used for the improvement of the building facades. 2. Rehabilitation loans in the Downtown District are exempt from job creation and wage goals since the loan amount does not exceed $75,000 and does not qualify as a business subsidy by state law. 3. Borrower must be located in the Downtown District (DD) (see attached map). Micro Loan Fund Policy & Guidelines Page 3 of 14 Amended November 2006 III. USES 1. Permitted Fund Uses: a. Building construction b. Land acquisition c. Machinery d. Furniture, fixtures, and equipment (FF&E) e. Renovation and modernization of buildings £ Exterior renovation of retail, commercial and industrial buildings g. Public infrastructure needed for economic development expansions h. Investment real estate with a minimum of 50% of the space pre-leased 2. Ineligible Fund Uses: a. Expenditures for the construction and/or renovation of residential units b. Working capital c. Refinancing of existing debt d. Inventory IV. BUSINESSES ELIGIBILITY Any project meeting the above criteria, and located or proposed to be located within the city limits of Elk River as defined by this program, may be eligible for an Economic Development Micro Loan as further defined herein: • Business must be afor-profit corporation, partnership, or sole proprietorship. • Business must be a small business as defined by the Small Business Administration (SBA). • Business must have a positive net worth. • Religious, political, and pornographic enterprises are not eligible to use the Economic Development Micro Loan Fund. V. MICRO LOAN FUND TERMS & CONDITIONS 1. Loan Structure All Economic Development Micro Loans will be structured as participation loans and will be serviced by the project's primary lending institution. Such an arrangement allows for the central distribution and collection of funds and simplifies the financing process for all parties involved. A participation agreement will be signed by the borrower, primary lender and the EDA. The agreement will include the following provisions, among others: If Borrower does not meet the job and wage goals specified in the Subsidy Agreement, the interest rate will change to 2 points above the participating bank's rate, effective from the two year anniversary of the loan closing. Upon subsequent achievement of the jobs and wage goals, the interest rate will revert back to the rate when the loan was originated, effective from the date of attainment of the job and wage goals. Micro Loan Fund Policy & Guidelines Page 4 of 14 Amended November 2006 • If Borrower defaults on the loan, the EDA will collect all fiirther payments during the default based on a pro-rata basis with the participating bank excluding the distribution of proceeds resulting from the foreclosure on collateral. The EDA may require additional agreements to be signed by the borrower (i.e. security agreement, personal guarantees, subsidy agreement). 2. Simultaneous Micro Loans The simultaneous use of different Micro Loan Fund Programs by any one borrower or for any one project is prohibited. 3. Call of Loan A loan shall become due and payable u1 full if a business relocates outside of the city of Elk River prior to the maturity date of the loan. 4. Late Payment Charge A late payment charge of 8% of the installment amount may be enforced. VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS All buildings which public funds will be used for construction or renovation are to be brought into conformance with city ordinances and state building codes. Repairs may include the following systems and portions of real property: a. Mechanical heating, plumbing, and electrical b. Structural; including the facade of the structure and energy related improvements. c. Hook-up to city services (i.e. water, sewer) d. ADA (Americans with Disabilities Act) improvements VII. LOAN SECURITY AND GUARANTEES Applicant must be able to secure the loan by providing the EDA with a minimum of a subordinate mortgage upon the building and/or assets or other approved collateral. Applicant must demonstrate the financial means to repay the loans, as determined by the Economic Development Authority. Whenever possible, personal guarantees will be made part of any loan agreement. VIII. TIMING OF PROJECT EXPENSES No project should commence until the Elk River Economic Development Authority has approved the loan application. Any costs incurred prior to the approval of the loan application are generally not eligible expenditures. No building construction should commence until the required City permits are secured. Micro Loan Fund Policy & .Guidelines Page 5 of 14 Amended November 2006 The applicant will be responsible for all legal, recording, and other fees required for protection of a security interest in the loan, payable by anon-refundable 1% processing fee, which is paid at the time of application. IX. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL 1. All applicants shall first contact a primary lending institution to determine if additional equity is needed, and if so, how much. 2. The applicant and the primary lender shall then meet with City Staff to obtain information about the Micro Loan program, discuss the project, and obtain application forms. The applicant shall complete and submit an application form to the City, along with a processing fee of 1% of the loan request. (The fee is used to cover processing expenses and will be returned only if application is denied.) The applicant must provide evidence of their ability to meet the equity requirements or provide a letter of commitment for conventional financing from the primary lending institution. 4. The application will be reviewed by the City staff to determine if it conforms to all City policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or loan programs. b. Whether the proposed project will result in conformance with building and zoning codes. c. Whether it is desirous and in the best interests of the public to provide funding for the project. 5. The EDA Finance Committee and EDA Commissioners will review each application in terms of its consistency with the goals of the City's Comprehensive Plan and Economic Development Strategic Plan and in relation to the project's overall impact on the community's economy. Rehabilitation Loan applications will also be reviewed by an HRA member in conjunction with the EDA Finance Committee. They will also evaluate the project application in terms of the following: a. Project Design -Evaluation of project design will include review of proposed activities, time lines and a capacity to implement. b. Financial Feasibility -Availability of funds, private involvement, financial packaging and cost effectiveness. • Appropriate ratio of private funds to Micro Loan funds. • Sufficient cash flow to cover proposed debt service as demonstrated by financial statements and projections. Micro Loan Fund Policy & Guidelines Page 6 of 14 Amended November 2006 • Business must show a positive net worth. • Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the loan application is approved. • Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. • Sufficient collateral. c. All other information as required in the application and/or additional information as may be requested by the Economic Development Authority. d. Project compliance with all city codes and policies. e. Program Objectives - In addition to quality job and wage creation/retention requirements, the applicant must meet all Micro Loan Fund criteria and demonstrate how the proposed activities will meet at least one of the following objectives: • The project contributes to the fulfillment of the city's approved and adopted economic development and/or redevelopment plans. • The project prevents or eliminates slums and blight. • The project increases the local tax base. • The project brings a structure into compliance with an existing building code violation. 6. A written request for an extension shall be accompanied by a copy of current financial statements and a $500 upfront processing fee. The processing fee is used to cover processing expenses and will be returned if request is denied. The application fox an extension beyond the original term should include a letter of denial from a conventional lender. Refinancing will not be allowed solely for the purpose of reducing the interest rate due to lower market interest rates. 7. The EDA Finance Committee will recommend the approval, denial, or request a resubmission. A recommendation from the Finance Committee will be forwarded to the EDA for final action. Micro Loan Fund Polity & Guidelines Page 7 of 14 Amended November 2006 X. LOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure that the policies reflected in this document are consistent with the economic development goals set forth by the City. XI. RIGHT OF REFUSAL The Elk River Economic Development Authority may deny any project which it deems inappropriate according to the guidelines established in this document. XII. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW Each company receiving assistance in excess of $75,000 from the EDA Micro Loan Fund shall be subject to the provisions and requirements set forth by Minnesota State Statute 116J.993 and the attached City of Elk River Business Subsidy Policy. Micro Loan Fund Policy & Guidelines Page 8 of 14 Amended November 2006 MEETING OF THE EDA FINANCE COMMITTEE HELD AT THE ELK RIVER CITY HALL WEDNESDAY JUNE 9, 2010 Members Present: Cliff Lundberg, Paul Motin, Nate Ovall, Dan Tveite and Larry Toth Members Absent: Chris Carlson Staff Present: Economic Development Assistant Annie Deckert, Director of Economic Development Catherine Mehelich, Accountant Lori Stich 1. Small Business Development Center Presentation- Jack Gabler Consultant Jack Gabler, Small Development Center gave brief presentation regarding the Small Business Development Center (SBDC); outlining its focus, resources and tools offered to small businesses. 2. Discuss Micro Loan Application: The Pizzeria Ms. Deckert summarized the Micro Loan application from The Pizzeria. She indicated the applicant, Frank Galli, owner of The Pizzeria was applying for an EDA Downtown Rehabilitation Micro Loan of $75,000 to assist in financing equipment and interior and exterior revitalization necessary in starting up the business. The EDA would obtain a 15` position mortgage on 315 Jackson. The Galli's would like to refinance their home in lieu of obtaining financing from a private lender; any recommendation made by the Finance Committee is recommended to be made contingent upon securing the loan on their home refinance. Micro Loan Policy guidelines indicate that applicants must have private-sector commitments for 50% of the project cost and that all loans will. be structured as a participation loan that will be serviced by the project's primary lending institution..` She stated that Mr. Galli's application meets all other Downtown Rehabilitation Financing Criteria. The Pizzeria is a start-up business looking to open in downtown Elk River, in the current Elk River Travel location, 315 Jackson. The business is a fast casual Neapolitan Pizza restaurant (cooked at 700 degrees for two minutes or less) similar to Punch Neapolitan Pizza. The distinctive competence to create Neapolitan pizza is high heat crust development and a high heat cooking technique. The applicant, Mr. Galli, provided a thorough overview of his business plan and business operations. He indicated his business would not offer delivery, primarily sit down with some take out. Because the Neopolitan pizza is made with fresh ingredients, he reviewed various local venders he intends to use. He would like to open in three .months; the current tenant of 315 Jackson, Elk River travel, will be vacating the space August 15t. The business will be open approximately 50 hours a week; Tuesday through Saturday; serving lunch Fridays and Saturdays; hours may vary per restaurant traffic. Mr. Galli indicated he was not pursuing private financing because the rate on refinancing the equity in his home is much better than a commercial loan he would receive from a private lender. Mr. Galli was excused from the meeting following this discussion. MOVED BY TVIETE AND SECONDED BY MOTIN, THE FINANCE COMMITTEE RECOMMENDS THAT THE EDA CONSIDER APPROVING THE MICRO LOAN REQUEST FOR THE PIZZERIA, CONTIGENT UPON BUILDING PERMIT APPROVAL, HOME REFINANCE LOAN APPROVAL AND ASSIGNMENTS OF RENT INCLUDED IN THE LOAN AGREEMENT IN THE AMOUNT OF $75,000 AT A 2% FIXED INTEREST RATE FORA 15-YEAR TERM; 5 YEAR BALLON WITH THE EDA TAKING A FIRST POSITION ON THE MORTGAGE OF 315 JACKSON. THE MOTION CARRIED 5-0. EDA Finance Committee Minutes Juiy s, 200, 200 Page 2 of 2 Page 2 3. The Waterfall Salon Micro Loan- Verbal Update Nate Ovall, discussed the current situation of The Waterfall Salon as it relates to the Waterfall Salon Micro Loan. Staff will continue to work with Mr. Ovall and The Bank of Elk River regarding the Micro Loan. 3. Ethanol Tech Micro Loan- Verbal Update Ms. Mehelich provided a verbal update on Ethanol Technologies. Staff will continue to work with the primary lender First National Bank on preparation of a forbearance agreement. 3. Roma Tool SCDP Loan- Verbal Update Ms. Mehelich provided the background and current status for Roma Tool's Small Cities Development Program loan through the MN Department of Employment and Economic Development (MNDEED). The City has received its first $100,000 but has an obligation to continue to service the loan for the state on the balance due. Staff is working with DEED officials for direction. 4. Cl The EDA Finance Committee meeting ended at 8:02 a.m. Respectfully submitted by, Annie Deckert Economic Development Assistant N:\Departments\Community Development\Economic Development\Micro Loan Fund\Finance Committee\2010\Minutes\6.9.10 minutes.doc MEMORANDUM TO: EDA Finance Committee Tim Simon, Finance Director FROM: Annie Deckert, Economic Development Assistant DATE:9 June 2010 SUBJECT: Consider Micro Loan Application -The Pizzeria, Frank Galli Attachment • The Pizzeria Micro Loan Application and related attachments dated June 2, 2010. Attached is the Micro Loan application submitted by Frank Galli, president and founder of The Pizzeria. The Pizzeria is a start-up business looking to open in downtown Elk River, in the old Elk River Travel location, 315 Jackson. The business is a fast casual Neapolitan Pizza restaurant (cooked at 700 degrees for two minutes or less). The distinctive competence to create Neapolitan pizza is high heat crust development and a high heat cooking technique. The business is similar to Punch Neapolitan Pizza (seven Twin Cities locations). The application includes background information about the owner and Pizzeria business. In short, Mr. Galli would like to provide the Elk River community Neapolitan pizza, made with local, fresh ingredients, as well as beer, wine, appetizers, salads and desserts in downtown Elk River. Mr. Galli and his wife have owned 315 Jackson for fifteen years and will be doing extensive remodeling in both the interior and exterior of the building; converting it from office to a restaurant use. Along with Mr. Galli (Management team), the Pizzeria will employ a full time chef and hire four part time employees. Mr. Galli will be in attendance at the Committee meeting to further describe the project and financing request. The Pizzeria is requesting an EDA Downtown Rehabilitation Micro Loan of $75,000 to assist in financing equipment and internal and external building revitalization necessary in starting up the business. The EDA would obtain a 1st position mortgage on 315 Jackson. The Galli's have refinanced their home in lieu of obtaining financing from a private lender. Consider EDA Micro Loan Application -The Pizzeria June 9, 2010 EDA Finance Committee Meeting Page 2 of 2 In addition to the financial criteria that must be considered, the Finance Committee must also consider to what degree the applicant satisfies the criteria set forth in the Micro Loan Fund policies outlined below: Micro Loan Criteria- Downtown Rehabilitation Financing Program • Max. Loan Amount: $75,000 (not to exceed 40% of the project cost) • Interest rate: Fixed at 2% • Equity: 10% or more of project • Private Financing: 50% of project • 20% of Micro Loan dollars must be used for improvement of building facade • Exempt from job creation and wage goals because the loan amount does not exceed $150,000 and does not qualify as a business subsidy by state law The Pizzeria • Amount requested: $75,000 (37.5% of project cost) • Rate requested: Fixed at 2% • Equity proposed: $115,000 (home refinance) • Private Financing: $0 (0% of project cost) • Exterior leasehold improvements: $34,500 (46% of Micro Loan requested) • Estimates one full time and four part-time jobs created Due to the sensitivity of the proposal, the applicant's financials and full business plan will be provided for committee review at the meeting. Action Requested Staff recommends the EDA Finance Committee make recommendation to the EDA. If recommending approval, the following terms and conditions will apply: Participation Loan: Not Applicable Loan Amount: $75,000 Interest Rate: 2% fixed Term: 15-year amortization/5-year balloon Security: First position mortgage on 315 Jackson The EDA will consider the Finance Committee's recommendation at its June 14, 2010 meeting. N:\Departments\Community Development\Economic Development\Micro Loan FundU.OANS\The Pizzeria\6.9.10 Finance Committee.doc