4.1. EDSR 01-31-2017 Eof
lk Request for Action
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To Item Number
Economic Development uthonity Finance Committee 4.2
Agenda Section Meeting Date Prepared by
General BusinessJanuary 31, 2017 Amanda Othoudt,EDD
Item Description Reviewed by
EDA Financial Policy Annual Review Cal Portner, City Administrator
Reviewed by
Action Requested
Consider the changes made to the EDA jobs Incentive Microloan Fund Program Policy.
Background/Discussion
Staff,in conjunction with our attorney and financial advisor,reviewed and revised the EDA loan
programs and policies based on discussions from the April 26 meeting.
Changes to the Microloan Policy include the following:
1. Created a separate Policy for the jobs Incentive Microloan program which was seeded by former
State MIF funds.
2. Added scoresheet
Financial Impact
None
Attachments
■ jobs Incentive Microloan Program Policy
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Economic Development
Job Incentive Microloan
Guidelines, Policy & Application
(Seeded by State MN Investment Fund Awards)
January 31, 2017
Ciry of Elk River
Economic Development Division
13065 Orono Parkwav
Elk River,TNIN 55330
763.635.1040
ELK RIVER ECONOMIC DEVELOPMENT
JOB INCENTIVE MICROLOAN
GUIDELINES, POLICY & APPLICATION
GENERAL PURPOSE AND GUIDELINES
The purpose of the RLF is to provide financial and technical assistance for the creation and retention of new
employment.These objectives may be accomplished through the followingmeans:
1. Create/retain permanent private sector jobs to fuel above-average economic growth consistent with
environmental protection;
2. Investment in technology and equipment that increase productivity and provide for higherwages;
3. Leverage of private investment to ensure economic renewal andcompetitiveness;
4. Increase the local tax base to guarantee a diversified industry mix;
5. Improve the quality of existing jobs,based on increases in wages or improvements in the job
duties,training, or education associated with those jobs;
6. Improve employment and economic opportunities and create a reasonable standard of living,and
7. Enhance productivity growth through improved manufacturing or new technologies.
One way to meet these objectives is to assist businesses that have location options outside Minnesota.These
firms bring income into the state and raise the overall standard of living.
ELIGIBLE EXPENDITURES
The MIF-seeded funds may be used in a variety of ways include example noted below.More information is
available in Minn. Stat. 116J.8731 and through conversations with your loan officer.
1. Provide loans,loan guarantees,interest buy-downs,and other forms of participation,ensuring that RLF
funds are matched by private financing.
2. Fund strategic investments in renewable energy market development. Any expenditure for external
marketing for renewable energy market development is not subject to the matching requirements
listed above.
3. Provide entrepreneurs with training, other technical assistance, and financial assistance as defined by
federal guidelines.
ELIGIBLE PROJECTS
Assistance must be evaluated on the existence of the following conditions as noted in Minn. Stat. 116J.8731:
1. Creation or retention of jobs, or the improvement of jobs as measured by wages, skills or knowledge;
2. Increase in the tax base;
3. Attraction of private funds to the project;
4. Incapacity of local communities and finance partners to finance project;
5. Results in higher wage levels or workforce skills;
6. Supports development of microenterprises, as defined by federal guidelines,through technical
assistance or financial assistance.
7. Need for assistance to retain existing business;
8. Importance of assistance to attract out-of-state business;and
9. The project promotes or advances the green economy.
The assistance cannot meet solely 7. or 8.;other conditions must also be present.
ELIGIBLE ACTIVITIES
RLF's may be used to fund a variety of business activities including:
1. Acquisition of land
2. Construction or rehabilitation of facilities
3. Site improvements
4. Utilities or infrastructure
5. Machinery and Equipment
6. Training
7. Working capital
Advance approval from DEED is necessary if the local government would like to provide financing for activities
not listed above. Approval is more likely to occur in projects that relate to business development and involve
other local government funds.
INELIGIBLE ACTIVITIES
In contrast to federal MIF funds,there are industry limitations on how state MIF RLFs may be used. State MIF
RLFs may not be used for the operation, construction or expansion of a casino,a sport facility that that has a
professional sports team as a principal tenant or any firm engaged in retailing merchandise.All assistance
should follow the approved RLF guidelines. Please call the Economic Development Director to discuss any
prospective financing.
WAGE GOALS
Businesses receiving RLF-State MIF assistance must pay each employee total compensation,including benefits
not mandated by law, shall be the greater of$15.00 per hour or 150%of state or federal minimum wage,
whichever is greater, exclusive of benefits required by law.
OTHER ELIGIBLE USES OF THE FUNDS
Minn. Stat. 116J.8731 allows local governments to loan or grant RLF funds to a regional development
commission,other regional entities, or a certain statewide community capital funds to provide the local match
required for capitalization of a regional or statewide RLF. Unlike federal MIF funds, state MIF funds held by
local governments never lose their state identify and must follow all applicable laws and regulations.
CONFLICT OF INTEREST
Minn. Stat. 471.87 and 471.88 provide guidance on conflict of interest in a MIF transaction. An actual conflict
of interest shall be deemed to exist when a decision on a MIF transaction would compromise a duty to another
party or if special advantage is deemed to occur. Potential conflict of interests should also be considered.
BUSINESS SUBSIDY LAW
As mentioned on page 1,Minn. Stat. 116J.993 and 116J.994 must be followed in the administration of RLF-
State MIF.These sections pertain to the definition of a business subsidy,public purpose of the subsidy,criteria.,
subsidy agreements,wage and job goals,timing of the project,public notice and hearing requirements,failure to
meet goals,and reporting of information regarding the outcomes of the subsidy.
JOB LISTING REQUIREMENTS
Per Minn. Stat. 116L.66, a business that receives grants or loans in an amount greater than $200,000 must agree to
list any vacant or new positions related to the financial assistance on the Minn esotaWorks.net job bankwebsite.
PREVAILING WAGE
Per Minn. Stat. 116J.871,laborers and mechanics at the project site during construction installation,remodeling,
and repairs must be paid the state prevailing wage if the financial assistance is greater than $500,000 for a loan.All
contracts for publicly owned infrastructure using the RLF must comply with the prevailing wage provisions.
DATA PRIVACY
The provision of any information related to any applications for assistance is guided by Minn. Stat. 13.591,
particularly Subd 1 and 2. Other applicable state and federal laws and rules must also be followed.
JOBS INCENTIVE MICROLOAN PROGRAM
Purpose: To assist existing businesses with expansion and attract new businesses to the City
whose local operations will help expand the City's economy through job retention and
creation and maintain/grow the City's tax base. The purpose of the Jobs Incentive
Program is to encourage the creation of high paying and quality jobs to the city.
Amount: Up to $200,000 of secondary financing not to exceed 20% of the total 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 3%.
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.
MICROLOAN FUND TERMS & CONDITIONS
Loan Structure
All Economic Development Nlicroloans shall be structured as direct loans unless otherwise approved by
the EDA Finance Committee. If a participation loan is requested, an agreement will be signed by the
borrower, primary lender and the EDA.
The EDA may require additional agreements to be signed by the borrower
(i.e. security agreement,personal guarantees,business subsidy agreement).
Simultaneous Microloans
The simultaneous use of different EDA Microloan Fund Programs by any one borrower or for any one
project is prohibited.
Loan Repayment
Jobs Incentive funds,including principal and interest received may not be used to support restaurant,
retail, casinos, or sports facilities.
Call of Loan
A loan shall become due and payable in full if a business relocates outside of the city of Elk River prior
to the maturity date of the loan.
Late Payment Charge
A late payment charge of 8% of the installment amount will be enforced following a grace period of ten
calendar days.
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:
1. Mechanical heating,plumbing, and electrical
2. Structural;including the facade of the structure and energy related improvements.
3. Hook-up to city services (i.e.water, sewer)
4. ADA (Americans with Disabilities Act) improvements
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 equal to the amount of the loan.
Applicant must demonstrate the financial means to repay the loans, as determined by the Economic
Development Authority.
Personal, corporate, and/or entity guarantees will be made part of any loan agreement.
Key person life insurance may be required as determined by the EDA Finance Committee based on loan
amount and company ownership partners.
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 not eligible
expenditures.
No building construction should commence until the required city permits are secured.
The applicant will be responsible for all legal,recording, and other fees required for protection of a
security interest in the loan,payable by a$2,000 processing fee,which is paid at the time of application.
In addition to the processing fee, all legal and filing fees shall be paid by the borrower at loan closing.
PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL
All applicants shall first contact a primary lending institution to determine if additional equity is needed,
and if so,how much.
1. The applicant shall then meet with city staff to obtain information about the Microloan program,
discuss the project, and obtain application forms.
2. The applicant shall complete and submit an application form to the city, along with a$2,000
processing fee. (The fee is used to cover processing expenses and any remaining funds will be
refunded.)
3. The applicant must provide evidence of their ability to meet the 10% equity requirements or
provide a letter of commitment for conventional financing from the primary lending institution.
4. The EDA is a governmental entity and as such must provide public access to public data it
receives. Data deemed by Applicant to be nonpublic data under State law should be so
designated or marked by Applicant. See Minn. Sat. Sections 13.59, Subd. 1,respectively.
5. 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.
6. EDA staff will complete a financial review and present it to the EDA Finance Committee.
7. 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.
8. The EDA Finance Committee will 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.
c. Appropriate ratio of private funds to 1Vlicroloan funds.
d. Sufficient cash flow to cover proposed debt service as demonstrated by financial
statements and projections.
e. Ability to demonstrate a positive net worth.
f. Letter of Commitment from applicant pledging to complete the project during proposed
project duration,if the loan application is approved.
g. Letter of Commitment from other financing sources stating terms and conditions of
their participation in the project if applicable.
h. Sufficient collateral.
i. Project compliance with all city codes and policies.
All other information as required in the application and/or additional information as may be requested
by the Economic Development staff.
Program Objectives -In addition to quality job and wage creation/retention requirements, the applicant
must meet all Microloan Fund criteria and demonstrate how the proposed activities will meet at least
one of the following objectives:
1. The project contributes to the fulfillment of the city's approved and adopted economic
development and/or redevelopment plans.
2. The project prevents or eliminates slums and blight.
3. The project increases the local tax base.
4. The project brings a structure into compliance with an existing building code violation.
LOAN EXTENSION
A written request for an extension shall be accompanied by a copy of current financial statements and a
$500 upfront processing fee. The fee is used to cover processing expenses and any remaining funds will
be refunded. The application for an extension beyond the original term should include a letter of denial
from a conventional lender.
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 recommendation of
approval, denial to the City Council for final action..
MICROLOAN 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.
RIGHT OF REFUSAL
The EDA Finance committee and EDA Commissioners have the discretion to consider each application
in terms of its consistency with the goals of the city's Comprehensive Plan and/or the Economic
Development Strategic Plan and in relation to the project's overall impact on the community's economy,
and may deny an application if the findings are such that the application and/or proposed project does
not meet the goals of the city's Comprehensive Plan and/or the Economic Development Strategic Plan.
AGREEMENT TO PAY COSTS OF REVIEW
It is the policy of the City of Elk River to require applicants to pay costs incurred by the City in
reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the City.
These costs include all of the City's out-of-pocket costs for expenses,including the City's costs for
review of the application by the City's Financial Consultant and City Attorney, or other consultants,
recording fees, and necessary publication costs.
The application processing fees cover anticipated costs; costs incurred above the application fee will be
invoiced as they are incurred, and payment will be due within thirty (30) days. Application fees are not
refundable, though any unused portion is returned at the request of the applicant. If payment is not
received as required by this agreement, the City may suspend the application review process and may
deny the application for failure to comply with the requirements for processing the application.
Payment for costs will be required whether the application is granted or denied.
The undersigned has received the City's policy regarding the payment of costs of review,understands
that reimbursement to the City of costs incurred in reviewing the application will be required, agrees to
reimburse the City as required in the policy and make payment when billed by the City, and agrees that
the application may be denied for failure to reimburse the City for costs as provided in the policy.
ELK RIVER ECONOMIC DEVELOPMENT
JOB INCENTIVE MICROLOAN FUND APPLICATION
1. CONTACT INFORMATION
Legal Name of Business:
Project Site Address:
City / State / Zip
Contact Person(s)
Business Phone Fax
Home Phone Email
Check One: Proprietor Corporation Partnership
Federal ID # State ID #
2. NATURE OF LOAN REQUEST
Amount Requested: $ Total Project Cost: $
Type of project:
New construction for a start-up business
New construction for an existing business
On site expansion
Equipment purchase
Remodeling: circle one Commercial / Retail / Industrial
Other
Please give a brief summary of your business and its products or service:
Please give a brief summary of the project:
Please describe how this loan will impact your project:
3. FINANCING
Project Costs
Land $
Site improvements $
Buildings (attach plans & costs) $
Equipment/Machinery/Fixtures
(attach list and estimated costs) $
Remodeling $
Industrial Inventory/Working Capital $
Other (attach description) $
Total Costs $
Comments:
Proposed Sources of Financing
SOURCE NAME TERMS AMOUNT
Bank Loan $
Bank Loan $
Other Private Funds $
Applicant Contribution $
Other $
Fed Grant/Loan $
State Grant/Loan $
EDA Microloan $
Tax Increment Financing $
Tax Abatement $
Total Financing $
Collateral Assignments
Lien
Description of Collateral Position
To Bank 1
To Bank 2
To Private Sources
To Other Sources
To Federal Govt
To State
To EDA Microloan
Value of Collateral
Book Value Cost Existing Liens
Land $ $ $
Buildings $ $ $
Machinery& Equip. $ $ $
Other $ $ $
Other $ $ $
4. JOB & WAGE GOALS
Present# of Employees Total Payroll
Jobs To Be Created*
Please provide the foll ing information on jobs you expect to create within 2-years.
Average Are the Jobs Expected
Number Hourly Annual Permanent or Hiring
job Title of jobs Wage Salary Temporary? Date
*If loan is for job retention only,please explain in Business Plan.
Program Objectives
(Check all that apply)
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.
5. PROJECT CONTACTS
Attorney
Name
Address
Phone
Accountant
Name
Address
Phone
Financing Sources aenders,partners, etc...
Name
Address
Phone
Name
Address
Phone
Parent Company
Name
Address
Phone
Others
Name
Address
Phone
Name
Address
Phone
6. ATTACHMENTS CHECKLIST
Please attach the following:
A) Written Business Plan:
1. Description of Business
2. Ownership
3. Management
4. Date Established
5. Products/Services
6. Future Plans
B) Financial Statements for Past Two Years and Year To Date
1. Profit& Loss Statement
2. Balance Sheet
C) Financial Projections for up to Five Years
D) A Project Proforma to include:
1. Projected revenues,
2. Operating expenses,
3. Net operating income, and
4. Annual debt service and loan payments.
D) Resume of Owner/Management
E) Personal Financial Statements of Proprietor, Partners,
Guarantors
F) Letter of Commitment from Applicant Pledging to Complete
During the Proposed Project Duration
G) Letter of Commitment from the Other Sources of Financing,
Stating Terms and Conditions of their Participation in
Project
H) Application Fee of$2,000
7. AGREEMENT
I / We certify that all information provided in this application is true and correct to the best of
my/our knowledge. I / We authorize the city of Elk River and the Finance Committee to check
credit references and verify financial and other information. I / We agree to provide any additional
information as may be requested by the city and the Finance Committee.
The undersigned has received the City's policy regarding the payment of costs of review,
understands that reimbursement to the City of costs incurred in reviewing the application will be
required, agrees to reimburse the City as required in the policy and make payment when billed by the
City, and agrees that the application may be denied for failure to reimburse the City for costs as
provided in the policy.
APPLICANT SIGNATURE
BY
DATE
9. MICROLOAN APPLICATION SCORING WORKSHEET
TO BE COMPLETED BY CITY STAFF
1. The project meets the criteria set forth in the appropriate the Microloan policy.
a) Meets at least one of the program objectives on page 2, General Purpose and
Guidelines
c) Consistent with all city plans and ordinances.
d) Meets the wage requirements as defined in the city's business subsidy policy.
2. Ratio of Private to All Public Investment in Project: Points:
$ Private Investment 5:1 5
$ Public Investment 4:1 4
Ratio Private: Public Financing 3:1 3
2:1 2
Less than 2:1 1
3.Job Creation in the City of Elk River: Points:
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 Public Investment to Job Creation: Points:
$ Public Investment $8,000 or less 5
Number of neva jobs created/retained $10,000 or less 4
$ of Public Investment per new job $12,000 or less 3
$15,000 or less 2
Over$15,000 1
5. Wage Level of jobs created/retained or relocated Points:
Minimum hourly wage Over$21/ hour 5
of jobs created/retained: $18-21 / hour 4
$15 / hour 3
6. Project size: Points:
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
7. Market Value/Tax Base Generation: Points:
The project will result in a per square foot Industrial Commercial
estimated market value(land and building) $80/sf+ $110/sf+ 5
of $70/sf+ $100/sf+ 4
$60/sf+ $90/sf+ 3
$50/sf+ $80/sf+ 2
$40/sf+ $70/sf+ 1
8. Type of Project: Points:
100% Owner Occupied 5
Mix Owner Occupied&Investment 4
Investment Property 3
9. Likelihood that the project will result in Points:
unsubsidized, spin-off development. High 5
Moderate 3
Low 1
Sub - 7,01(1/110ill : Of o Possible"l.a P0illIs.
11. Point Adjustments Point Adjustments:
The project contributes to the goals of Energy City. 5 points
• Product promotes sensible use of energy,OR
• Project utilizes significant energy efficient design&/or
materials in construction.
Total Points:
Hoot-all pi-oject de imbili y ffligii 44-40point
,14odet-ate 39-30 point
1,0 IV 29-20 poin
Not 1iii,11ible 19-4 point