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5.5. ERMUSR 05-10-2011MEMORANDUM TO: Elk River Municipal Utilities Commission FROM: Catherine Mehelich, Director of Economic Development DATE: May 10, 201 I SUBJECT: Review and Consider Policy for Water Access Charge Payment Program Attachment • DRAFT Policy for Water Access Charge Payment Program City Staff has recently been receiving concern from new restaurants regarding the financial impact of the WAC and SAC fees issued at the time of the building permit. City Staff would like to discuss the attached draft policy with the Commission at its regular meeting. The program was modeled after the City of Brooklyn Park which offers the financing program as an incentive fox new or expanding full-service restaurants. The program allows the restaurant to pay the Water Access Charge fee over time through their utility bill versus at die time the building permit is issued. Attorney Peter Beck has reviewed the draft policy and will provide any comments at the meeting. City Staff proposes that the City Council consider a similar policy for a Sewer Access Charge Payment Program. C:ADo<uments and SerAngsV'theces'a57iMlJ\I,ocal SettingsV'Pempomry [n[emet FilesVCon[en[OudookVO)RCXQ2I\S HI 11 EILbIU mcmo.doc POLICY Elk River Municipal Utilities Water Access Charge Payment Program In order to minimize the impact of the payment of the Water Access Charge (WAC) to new or expanding full service restaurant businesses within the City of Elk River, the Elk River Municipal Utilities will provide a loan option to pay the Water Access Charge fee over time versus at the time the building permit is issued. Payments will be billed and paid quarterly in conjunction with the user's water bill. The interest rate applied to the loan will be fixed to the Elk River Municipal Utilities investment rate at the time of the loan. Loans with a repayment schedule of 3 years or less will be charged an interest rate equal to the Elk River Municipal Utilities investment rate. Those with a repayment schedule greater than 3 years will be charged an interest rate of 1% above the Elk River Municipal Utilities investment rate, with no repayment schedule to exceed 5 years. Participants in the program need to be individually metered occupants and the m;n;mum WAC fee to utilize this program is $5,000, with a max;mum loan amount being $50,000. Loans will be secured by a Promissory Note executed by both the property owner and business pledging to repay the Note. The Note is also secured by the Elk River Municipal Utilities' abilityto file a lien against the propenyin the form of a special assessment for repayment of the WAC.