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3.0. EDSR 05-18-2020 �� Request for Action Elk - River To Item Number Economic Development Authori 3.0 Agenda Section Meeting Date Prepared by General Business May 18, 2020 Amanda Othoudt,Economic Development Director Item Description Reviewed by Chamber of Commerce Business Survey: Concern Cal Portner, City Administrator #2, #9, #11, #15 Reviewed by Action Requested • Receive information,provide feedback. • Agree,by consensus,the action sufficiently meets or exceeds expectations to address concerns/recommendations from the Chamber of Commerce Business Survey: Concern#2, #9, #11 and #15. Background/Discussion Citing concerns regarding the business atmosphere experienced by developers with the city,the EDA commissioned a survey through the Elk River Area Chamber of Commerce to identify specific concerns. Two follow up meetings were held with participants of the survey with Commissioners Westgaard, Wagner and Blesener. The information gathered was shared with the city administrator who developed a workplan to address the concerns. Staff will review all the concerns outlined in the workplan organized by department prior to the EDA regular meetings scheduled in May,June,July,with a wrap up in August. Concern#2: Current rebate programs are insufficient to achieve the objectives of the statedgoals. Listed below are the 2020 commercial rebate programs and forms offered by ERMU. Rebates are provided for equipment that is purchased and installed in 2020. Rebate funds are limited and are available on a first-come, first-served basis. The maximum rebate per project will be limited to $20,000. ■ Chillers and Air Handling Rebate Application ■ Custom Efficiency Rebate Application ■ Custom Lighting Rebate Application ■ Electric Forklift Rebate Application ■ Electric High Frequency Charging Rebate Application ■ Energy Star Commercial Food Service Equipment Rebate Application ■ Fractional EC Motor Rebate Application The Elk River Vision A n elcoming community n ith revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity /`1NfUR ■ Geothermal Heat Pump Rebate Application ■ Lighting Retrofit Rebate Application ■ New Construction Lighting Rebate Application ■ PTAC,Mini-Split Water Source HP Rebate Application ■ Rooftop, Split System,ASHP Economizer Rebate Application ■ VFD and ASD Drives Rebate Application At their January 22, 2019, meeting,the EDA approved the Economic Development Energy Incentive program. The program allows the city to waive the applicable PILOT for an approved applicant and redirect that amount as a credit distributed through the applicant's monthly ERMU electric service bill for up to two years. The Energy Efficiency Improvements Loan is available to property owners of commercial or industrial buildings in Elk River to provide low interest loans to businesses to invest in energy efficiency and improve their profitability through reduced energy costs. In addition,the microloan program helps the city of Elk River use energy conservation as an economic development tool. Applicants may apply for the cost of improvements up to $74,999 Do these current rebate programs offered by ERMU and the EDA meet the needs of the business community?Are there additional energy related rebates that the EDA is willing to consider? Concern#9: Can there be a proactive approacb to business development such as educating builders, contractors, on,,ners before a project is submitted? Staff meets with pre-applicants to discuss new projects, or developments. This is an informal meeting with staff to address the concerns and questions an applicant has prior to submitting an application for formal review. Business Retention and Expansion (BR&E) visits conducted by staff from economic development, planning, environmental and engineering. It is at these meetings that we learn if a business is seeking to expand,which gives us an opportunity to educate owners on the process. Concern#9: Communications regarding process requirements for Building permits, Codes, Loan programs and Ordinances needs to be timely, consistent, clear, transparent, and communicated upfront, before excessive money is spent. Staff met with Minneapolis planners regarding their Small Business Navigator Office. They redeployed three staff people within the city development agency to the Small Business Navigator Office. The core function of this department is to establish a phone number, e-mail, and a website for people to call and ask questions on starting a business in the city. Their website, the Minneapolis Business Portal provides entrepreneurs and business owners with valuable information and resources to plan,launch, and grow a business The City of Minneapolis also features a Business Technical Assistance program. The Business Technical Assistance Program or B-TAP program was created to provide consulting support to businesses located in the City of Minneapolis. Through B-TAP,the city contracts with local non-profit organizations focused on entrepreneur training and economic development to provide direct services to new and existing businesses. The Organizational Chart for the City of Minneapolis Concern#11: EDAI HRA Loan processes are cumbersome. Can they be simplified and expedited? The Joint Finance Committee and the EDA completed the review of all loan programs and policies in April of 2017. The application process was simplified for applicants. Since 2017, the EDA approved the new Energy Incentive Program,updated the Jobs Incentive Program, and is currently reviewing the Economic Development Business Microloan program. The Authority should review the attached policies and provide direction to staff on policy changes within each of the financial applications to ensure a smooth and efficient application process. Concern#15: Some perceived that the personal agenda of a staff member can influence the nay City processis interpreted. The Comprehensive Plan and EDA Strategic Plan updates will provide clarification of EDA/Council and direction for interpretation. Concern#15: Shouldn't it be a collective effort, or common goal,for staff and entrepreneurs to build and grow the business community in Elk River together? Realtor Day—Staff held Realtor Day on February 26, 2020. Nearly 50 realtors,brokers and developers attended this event. This was an opportunity for realtors,brokers, and developers to hear about new projects, development opportunities, and initiatives of the city. This has become an annual event in partnership with the St. Paul Area Association of Realtors. Developer Forums—Staff scheduled a developer forum on March 26, 2020, to educate local developers on the Main/Gates redevelopment project. The forum was postponed due to the COVID-19 pandemic. Similar types of developer forums have been held in the past educating the public on new development opportunities. Business Retention and Expansion (BR&E) visits conducted by staff from economic development, planning, environmental and engineering,ISD #728, EDA Commissioners, Council Members,and County Commissioners. It is at these meetings that we learn if a business is seeking to expand,which gives us an opportunity to educate owners on the process. Staff provides developers with an option to conduct a concept review with the City Council. This gives developers an opportunity to present their project to the council and request feedback and direction on their project. Most recently,the EDA established the #TogetherElkRiver campaign,which is a partnership with the EDA and the Elk River Area Chamber of Commerce. This marketing campaign was derived to assist small businesses during the COVID-19 pandemic. Financial Impact N/A Attachments ■ Chamber of Commerce Business Matrix Workplan ■ Mpls Small Businesses Star Tribune Article (December 18, 2016) ■ Economic Development Business Microloan Program (Updated 2017,Under EDA Review) ■ Jobs Incentive Loan Program (Updated 2020) ■ Tax Abatement Program (2017) ■ Tax Increment Financing (TIF) Application (2017) ■ Energy Incentive Program (2019) Action Plan Elk River Area Chamber of Commerce Focus Group Discussions July 30 & 31, 2019 Concerns/Recommendations Type of Concern Task/Action Staff Point of Contact Expected Completion Date (Date to CC or Commission) 1 If the city really wants to be known for supporting renewable energy, they should reconsider their incentive programs to support projects that are in line with the stated objectives in the Comprehensive plan: to be more energy efficient, preserve resources, even if it means ordinance or design flexibility. Policy Review Comprehensive Plan Update -Explore programs to support goals -Explore ordinances that provide flexibility to meet goals Zack Comp Plan update throughout the year. Work session discussion July 20. 2 Current rebate programs are insufficient to achieve the objectives of the stated goals. Policy Review ERMU, EDA and HRA Commission Reviews -Discuss programs to achieve Comp Plan Goals -Determine what is sufficient Amanda/Troy May 18 3 Clearly outline what is being inspected for the entire project and limit the inspection to that list. New items should not pop up with every inspection Communication Citizenserve Software Implementation Suzanne June 15 Formal letters of explanation Suzanne/Bob R. June 15 Preconstruction meetings Suzanne/Bob R. June 15 Develop inspection policy for each permit with explanation sheet for each permit to include relevant code citation Suzanne/Bob R. June 15 5 Clear written instruction including citing relevant code for each infraction. The remedy should be clearly defined so there is less re-work that needs to be done Communication Citizenserve Software Implementation Suzanne June 15 6 Can there be an ombudsman or advisor type position to negotiate the maze of city rules on the business owner’s behalf? This person could develop relationships proactively with business owners and encourage a partnership mentality between owners and city staff. Budget/Position Addition Council Budget discussion Suzanne/Zack/Amanda May 18 - First budget meeting discussing new positions requests. 7 Use the velvet glove approach when delivering requirements for compliance. Think of the business owners as customers. • The business customer often does not feel their risk is appreciated or understood. Empathy does not mean bending the rules. • It is generally understood that rules are rules; it’s the attitude and approach of those tasked with compliance/enforcement that makes the difference. • Can Compliance and Customer Service both be accomplished or balanced? • Find a way to say “yes” and not always “no”. Find a way to be more welcoming in the process, even when the answer might be “no”. Can staff help to find a way to say “yes” with suggested changes in design? Customer Service -Customer Service Training -Professional Standards Training Suzanne June 15 FAQ guides Suzanne/Zack/Bob June 15 Authority/Council review/craft of ordinance and policy purpose statements Zack/Amanda July 20 8 There is a need for balance between desire for beautification and business use of property (storage, signage etc.) Policy Council Review/Action on city ordinances Zack July 20 9 • Can there be a proactive approach to business development such as educating builders, contractors, owners before a project is submitted? • Communications regarding process requirements for Building permits, Codes, Loan programs and Ordinances needs to be timely, consistent, clear, transparent and communicated up front, before excessive money is spent. Education Planning and ED -Incorporate Pre-application meetings -Encourage Work Session Reviews Suzanne/Zack June 15 - Process has started. No need to discuss, provide as information in future update. Review and update project checklists Zack July 20. Meet with Minneapolis planners regarding their Business Navigator Office Amanda May 18 Citizenserve Software? Suzanne June 15 Website Update – Opening a business in ER Amanda/Zack May 18 10 • Communicating in person vs. sneaking around taking pictures or sending threatening letters would be appreciated more. • Several references to the ‘enforcement’ verbiage on the city truck were used as an example of a philosophy being tilted away from personable customer service. Communication -Public Information for CUP compliance process -Council/Authority work session discussion regarding legal compliance / notice requirements Zack July 20 Re-brand nuisance code division Zack July 20 Community Enhancement division unveiled. 11 EDA/HRA Loan processes are cumbersome. Can they be simplified and expedited? Policy EDA/HRA policy review Amanda May 18 12 There is no substitution for product knowledge, some examples of staff not fully knowledgeable of the code, ordinance, process or loan. Additional training can help. Training Remedial staff training Amanda/Zack Cal seek additional direction from Matt and Jennifer on specific topics to provide direction on training needs. 13 How can the Planning and Zoning process be streamlined and given more authority to reduce timelines? Policy Council policy discussion regarding: - Policy delegation - Ordinance standards - Uses and approval process - Eliminate one of two public hearing requirements. - Eliminate some permitting requirements Zack July 20 14 A review of the city fee schedule is needed both by comparison cities and philosophy. (i.e. bldg. permit, sac/wac, utility deposits) Policy Council Work Session Discussion on Fees Cal June 15 - July 20 if planning fees too Fee Comparison Study Suzanne June 15 - July 20 if planning fees too 15 • Some perceived that the personal agenda of a staff member can influence the way City process is interpreted. • Shouldn’t it be a collective effort, or common goal, for staff and entrepreneurs to build and grow the business community in Elk River together? Communication Education Perception Public education on city process/rules Cal May 18 Council/Authority work session on processes Amanda/Cal/Zack May 18 Follow-up on August 17 with an overview of the feedback received, actions taken, and next steps. BUSINESS Minneapolis small businesses finally will get help navigating city-regulatory process DECEMBER 18, 2016 — 5:35PM NEAL ST. ANTHONY @ S TA N T H O N YS T R I B Dan Swenson-Klatt, owner of Butter Bakery Café for 11 years, quit a teaching job to start a hole-in-a-wall eatery on Grand Avenue S. in Minneapolis. In 2012, he moved to expanded space nearby at 37th and Nicollet Avenue S. in a new residential-retail development that replaced a long-shuttered mortuary. Swenson-Klatt, who invested retirement savings and debt in the business, finally is comfortable. Butter Bakery, which survived a street-overhaul job in its first summer on Nicollet, is cash-flowing. Swenson-Klatt employs up to 20 full- and part-time workers and is making his loan payments. Revenue is growing. However, he hasn’t forgotten the rough early years. And he is a longtime supporter of efforts by the Twin Cities Metro Independent Business Association, the Main Street Alliance of Minnesota and Jewish Community Action to make Minneapolis an easier place to start a business. “It was confusing and frustrating,” Swenson-Klatt recalled of the months he bounced from city office to city office trying to get approvals to open his original bakery and breakfast spot. “I’d get one person who cared, one who didn’t and another who would send me to somebody else. I often didn’t know what to do. Nobody showed me the big picture of what I needed. “I was college-educated teacher and helped open schools, so I know something about start-ups. But there were so many levels and layers in getting a small bakery and restaurant open ... you make a misstep and you end up in trouble. For example, nobody at the city told me about [Minnesota] OSHA. They didn’t catch up to me until I was opening at the current location. I got involved in this because I’ve seen other small business owners take a run and give up. Or immigrants who don’t know the rules. We can do better.” Earlier this month, Swenson-Klatt joined in a show of unity with other small businesses who had similar stories. They included KB Brown of Wolfpack Promotionals on the North Side; Aisha Wadud and Crystal Larson, who have been hamstrung trying to move their Nura Holistic Massage & Bodywork from south to north Minneapolis; Kayf Ahmed, owner of Capitol Café; and Harvey Zuckman, who ran a family-owned electronics business for decades. He never completely figured out the city licensing-and-zoning matrix, but is good at calling his council member for help. The gathering at City Hall was to celebrate with Mayor Betsy Hodges and several City Council members an agreement to open a Minneapolis small-business “navigator” office. It should help fledgling businesses with a soup-to-nuts checklist and hands-on coaching to get them through a simpler, streamlined process. It shouldn’t cost the city much because several people simply will be redeployed within the city development agency. “The navigators are intended to be the functional one-stop shop,” said Deputy City Coordinator Nuria Rivera-Vandermyde, tasked with setting up the office and a get-to-yes mind-set in regulatory services. “Our navigators will help people navigate city regulations and licenses, and help at different stages, and think through, for example, whether they really need a [beer-and-wine] license, and that expense, or maybe just keep it at a coffee shop. “We’ll assist those who want to start a business understand how and make it easier. Ultimately, we’re trying to help people prosper. That’s what we’re here to do for small business.” Not that the Minneapolis small-business economy is failing. In fact, the city has issued a record number of licenses in recent years, albeit a disproportionate number have been for liquor and food to expanding operators or new, well-capitalized businesses trying to cash in on the booms in Uptown, Lyn-Lake, downtown and North Loop. N E A L .ST.A N T H O N Y@ S TA R T R I B U N E .C O M Minneapolis small business owners reacted at City Hall to news this month that the mayor and city council approved a "navigator" office A key concern is economically fragile neighborhoods, and stoking the modest rejuvenations along frayed-edged commercial arteries such as West Broadway, East Lake, East Franklin and Central Avenue NE. Those entrepreneurs are disproportionately women, immigrants and minorities with limited capital. Council Member Andrew Johnson, an IT professional and former small-business owner, pushed for the navigator office. He represents an older neighborhood where tired commercial corners are slowly rebounding thanks to independent enterprises. Big business and established operators often know how to work the system, employ lawyers or call council members to put pressure on regulatory offices. Small entrepreneurs don’t have much clout. “We need a team of problem-solvers,” Johnson said. “We also need a one-page checklist on how to open a restaurant or an auto body-repair shop ... a small-business online portal. This shouldn’t be based on who you know.” Marcus Owens, CEO of the Northside Economic Opportunity Network, a corporate veteran who also runs a business incubator on West Broadway on the North Side, said navigating city rules can be overwhelming. Brown, of Wolfpack, noted that, as small businesses increasingly are owned by immigrants and minorities, it fits the city’s commitment to “equity” to help them through incubation to prosperity. “We know our employees, we care about this community we want to live in a city where everyone can thrive,” he said. “The city has work to do to create a better, more equitable environment for small and microbusinesses, especially minority-owned businesses.” Neal St. Anthony has been a Star Tribune business columnist and reporter since 1984. He can be contacted at nstanthony@startribune.com. Neal St. Anthony has been a Star Tribune business columnist/reporter since 1984. Neal.St.Anthony@startribune.com 612-673-7144 @StAnthonyStrib Powered by Nature Economic Development Business Microloan Fund Guidelines, Policy & Application Amended: May 2011 November 2013 July 2014 November 2014 December 2016 April 2017 August 2017 City of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 Page 2 of 21 EDA & City Council Approved August 21, 2017 ELK RIVER ECONOMIC DEVELOPMENT BUSINESS MICROLOAN FUND GUIDELINES, POLICY & APPLICATION 1. POLICY PURPOSE The Economic Development Authority for the city of Elk River (EDA) recognizes the need to stimulate private sector investment into manufacturing and certain commercial 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 the city and in the Downtown District. Subsequently, the purpose of this microloan program is to provide low interest, long- term (i.e. greater than one year) loans as incentives for new industrial and commercial development within the city of Elk River and to encourage commercial and retail business owners in the Downtown District to rehabilitate their existing buildings. 2. ELIGIBLE BUSINESSES Any project located or proposed to be located within the city limits of Elk River as defined by this microloan program, may be eligible for a Microloan as further defined herein: • Unless otherwise stated, business must be a for-profit corporation, partnership, or sole proprietorship. • Business must be a small business as defined by the Small Business Administration (SBA). • Religious, political, and pornographic enterprises are not eligible. 3. MICROLOAN FUND TERMS & CONDITIONS Loan Structure All Economic Development Microloans 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 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. Page 3 of 21 EDA & City Council Approved August 21, 2017 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 10 calendar days. 4. 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. 5. 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 EDA. Whenever possible, 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. 6. TIMING OF PROJECT EXPENSES No project should commence until the EDA 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. Closing of the Microloan should be simultaneous with the borrower’s primary funding. The EDA should be given two weeks’ notice before closing. 7. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL Page 4 of 21 EDA & City Council Approved August 21, 2017 1. All applicants shall first contact a primary lending institution to determine if additional equity is needed, and if so, how much (if applicable). 2. The applicant shall then meet with city staff to obtain information about the microloan program, discuss the project, and obtain application forms. 3. 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 returned to the applicant. 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 microloan 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. 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. Downtown Revitalization Loan applications will also be reviewed by a Housing & Redevelopment Authority Commissioner in conjunction with the EDA Finance Committee. Energy Efficiency Improvement Loan applications will also be reviewed by an Energy City Commissioner in conjunction with the EDA Finance Committee. 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 the project. b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. • Appropriate ratio of private funds to Microloan funds. • Sufficient cash flow to cover proposed debt service as demonstrated Page 5 of 21 EDA & City Council Approved August 21, 2017 by financial statements and projections. • 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 staff. d. Project compliance with all city codes and policies. e. Microloan 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: • 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. 7. 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. The application for an extension beyond the original term should include a letter of denial from a conventional lender. 8. 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. 8. 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. 9. RIGHT OF REFUSAL The EDA may deny any application if it is found not consistent 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. Page 6 of 21 EDA & City Council Approved August 21, 2017 10. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW All developers/businesses receiving financial assistance from the City of Elk River shall be subject to the provisions and requirements set forth by the City’s Business Subsidy Policy as amended and Minnesota Statutes Sections 116J.993 to 116J.995 (the “Minnesota Business Subsidy Law”) if applicable. 11. 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. Any unused portion of the application fee will be returned to 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. 12. Microloan Programs In order to meet the economic and community development objectives of the EDA, five distinct microloan programs exist within the Business Microloan Fund. Industrial Incentive Loan Purpose: The purpose of the Industrial Incentive Loan is to encourage industrial and high technology business development that supports the tax base and brings quality jobs to the city. Amount: Up to $200,000 of secondary financing not to exceed 20% of the total project cost. Remaining Principal: 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: Loans must mature within 5 years, but must be amortized over a longer period of time. The balloon payment must not be longer than the balloon payment of the participating bank if applicable. Loans may be amortized up to the following limits: 20 years on real estate uses; Page 7 of 21 EDA & City Council Approved August 21, 2017 10 years on equipment uses. Extension: In the event that the Borrower is unable to payoff the loan or refinance the Microloan at the end of five years, the loan may be extended up to two additional years at 3% interest. Criteria: Borrower must be an industrial or high technology business and create or retain one new full-time job for each $20,000 loaned within 2 years. Said jobs must pay a minimum wage of $15.00 per hour excluding benefits required by law. Loans of $75,000 or more shall meet the 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 multiple sources of public financing are requested (e.g. Microloan and Tax Increment Financing) job creation goals shall not be double-counted. Borrower must comply with the provisions of the city’s Industrial and Business Park zoning ordinances as applicable. Permitted Fund Uses: a. Building construction b. Land acquisition c. Machinery d. Furniture, fixtures, and equipment (FF&E) e. Renovation and modernization of buildings f. Public infrastructure needed for economic development expansions g. Investment real estate with a minimum of 50% of the space pre-leased Ineligible Fund Uses: a. Expenditures for the construction and/or renovation of residential units b. Inventory c. Refinancing of existing debt d. Working capital Downtown Revitalization Financing Loan Purpose: The Downtown Revitalization Financing Loan is available to business and property owners in the Downtown Area primarily for the rehabilitation and restoration of older buildings, as well as new business development. Non-profit organizations may be considered. The Downtown Area shall be described as that area in the attached in Exhibit A. Amount: Up to $74,999 of secondary financing not to exceed 20% of the total Page 8 of 21 EDA & City Council Approved August 21, 2017 project cost. Remaining Principle: Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project cost. 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. Extension: In the event that the Borrower is unable to payoff the loan or refinance the Microloan at the end of five years, the loan may be extended up to two additional years at 3% interest. Criteria: At a minimum, 20% of Microloan dollars must be used for the improvement of the building façade, with exceptions to be considered when it appears the façade improvements are not necessary. Financing of leasehold improvements will be considered at a limit of $25,000. Permitted Fund Uses: a. Building construction b. Renovation and modernization of buildings c. Furniture, fixtures, and equipment (FF&E) d. Exterior renovation of retail or commercial buildings e. Financing of leasehold improvements including façade improvements will be considered at a limit of $25,000 f. Expenditures for the construction and/or renovation of residential units Ineligible Fund Uses: a. Inventory b. Refinancing of existing debt c. Working capital Energy Efficiency Improvement Loan Purpose: The Energy Efficiency Improvements Loan is available to property owners of commercial or industrial buildings in Elk River to provide low interest loans to businesses to invest in energy efficiency and improve their profitability through reduced energy costs. In addition, the microloan program helps the city of Elk River use energy conservation as an economic development tool. Non-profit organizations may be considered. Amount: Applicants may apply for the cost of improvements up to $74,999 Page 9 of 21 EDA & City Council Approved August 21, 2017 Equity: Must have a minimum of 10% equity provided by the borrower. Rate: Fixed at 3% Term: The maximum maturity date of the loan will be determined by the useful life of the improvement and the energy payback achieved as determined by ERMU. For projects that have a shorter length of payback (2-5) years as calculated according to energy savings, the loans will have an initial maturity of up to 5 years from the date of closing. Longer life improvements (6-15 years) may apply for a longer maturity of up to 10 years. Criteria: Microloan funds shall be spent on energy efficiency improvements outlined below or related building improvement costs Applicant must agree to energy audits conducted under the utility company’s Conservation Improvement Program (CIP). If warranted, engineering studies then are performed on facilities with conservation opportunities under the utility company’s CIP Program. Energy efficiency is defined as improvements that are rebatable by the Elk River Municipal Utilities (ERMU) or the utility provider for the property if not ERMU. Proposed energy efficiency improvements that do not qualify for the utility’s prescriptive rebate program will be reviewed and approved by the utility company servicing the upgrade measures (e.g. Elk River Municipal Utilities, Connexus, CenterPoint) along with a letter indicating eligible utility rebates. Utility rebates as applicable will be assigned to the Elk River EDA and applied toward principal repayment of the loan. An Elk River Energy City Commission member will be asked to participate in the EDA Finance Committee review. The loans will be secured by personal and corporate guarantees, and if applicable a lien on equipment financed and subordinate mortgage on the property. Installation must be certified through a licensed contractor and electrician. New construction is eligible when participating with a utility company rebate program. Eligible costs shall include only incremental costs over industry design standards. Permitted Fund Uses: Page 10 of 21 EDA & City Council Approved August 21, 2017 a. Energy efficiency measures installed in or on a building include: b. Facility systems optimization (commissioning/re-commissioning) c. Facility systems control improvements d. Process efficiency improvements (CenterPoint Energy) e. Lighting efficiency improvements f. Heating, ventilation and air conditioning system modifications g. Exterior envelope improvements h. Motor and pump efficiency improvements i. Ground-source heat pump systems used to heat or cool a facility j. Installation of equipment or devices that use renewable energy sources to generate electricity or heat or cool a building including solar electricity (photovoltaic), wind turbine or solar thermal. Ineligible Fund Uses: a. Inventory b. Refinancing of existing debt c. Working capital d. Expenditures for the construction and/or renovation of residential units Micro-Brewery Loan Purpose: The Micro-Brewery microloan is available to business and property owners located within the city of Elk River. Amount: Up to $74,999 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: 10 years on equipment uses Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Microloan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Criteria: At a minimum, 50% of Microloan dollars must be used for the purchase of equipment. Loans must be supported by sufficient collateral, which will include personal guarantees. Page 11 of 21 EDA & City Council Approved August 21, 2017 Permitted Fund Uses: e. Renovation and modernization of buildings f. Furniture, fixtures, and equipment (FF&E) g. Exterior renovation of retail or commercial buildings h. Financing of leasehold improvements including façade improvements will be considered at a limit of $25,000 Ineligible Fund Uses: a. Inventory b. Refinancing of existing debt c. Working capital Page 12 of 21 ELK RIVER ECONOMIC DEVELOPMENT 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 Which Microloan Program are you applying for? Industrial Incentive Loan Downtown Revitalization Financing Loan Energy Efficiency Improvement Loan Micro-Brewery Loan 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 Page 13 of 21 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: Page 14 of 21 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 Page 15 of 21 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 following information on jobs you expect to create within 2-years. Job Title Number of Jobs Average Hourly Wage Annual Salary Are the Jobs Permanent or Temporary? Expected Hiring Date *If loan is for job retention only, please explain in Business Plan. Microloan 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. Page 16 of 21 5. PROJECT CONTACTS Attorney Name Address Phone ______ Accountant Name ______ Address Phone Financing Sources (lenders, partners, etc…) Name ______ Address Phone Name ______ Address Phone Parent Company Name ______ Address Phone Others Name ______ Address Phone Name ______ Address Phone Page 17 of 21 6. ATTACHMENTS CHECK LIST 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 Three Years and Year to Date 1. Profit & Loss Statements 2. Balance Sheets _______C) Financial Projections for up to Three 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) Processing Fee of $2,000 Page 18 of 21 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 Page 19 of 21 Exhibit A: Downtown Area Page 20 of 21 MICROLOAN APPLICATION SCORING WORKSHEET 1. The project meets the criteria set forth in the appropriate the Microloan policy. a) Meets at least one of the microloan objectives in Section 7; 6(e). 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 new 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 TO BE COMPLETED BY CITY STAFF Page 21 of 21 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. Use: Points: _____ Industrial or Business Park Project 5 Commercial/Retail Rehabilitation/Redevelopment 4 ______ Downtown Revitalization or Microbrew 3 10. Likelihood that the project will result in Points: _____ unsubsidized, spin-off development. High 5 Moderate 3 Low 1 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. Sub - Total Points: of a possible 45 points. Total Points: Overall project desirability: High 50-35 points Moderate 34-29 points Low 28-20 points Not Eligible 19-0 points 1 EDA & City Council Approved April 17, 2017 Powered by Nature Economic Development Job Incentive Microloan Guidelines, Policy & Application (Seeded by State MN Investment Fund Awards) April 20, 2020 City of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 2 EDA & City Council Approved April 17, 2017 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 following means: 1. Create/retain permanent private sector jobs to fuel above-average economic growth. 2. Investment in technology and equipment that increase productivity and provide for higher wages; 3. Leverage of private investment to ensure economic renewal and competitiveness; 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 of Elk River. 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, and other forms of participation, ensuring that RLF funds are matched by private financing/owner equity. 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. The project promotes or advances the green economy. 8. Need for assistance to retain existing business; 9. Importance of assistance to attract out-of-Elk River business; and The assistance cannot meet solely 8 or 9; other conditions must also be present. 3 EDA & City Council Approved April 17, 2017 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. 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 MinnesotaWorks.net job bank website. 4 EDA & City Council Approved April 17, 2017 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 Microloans 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 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 5 EDA & City Council Approved April 17, 2017 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 10 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. COVID-19 EMERGENCY PROVISIONS Notwithstanding anything herein to the contrary, loans may be made under this program for retail and service businesses in accordance with Governor Walz’s Executive Order 20-15 issued on March 23, 2020. The expanded use of this program shall expire on June 21, 2020. All other provisions of this policy remain the same. 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 EDA. Whenever possible, 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 EDA 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. Closing of the Microloan should be simultaneous with the borrower’s primary funding. The EDA should be given two weeks’ notice before closing. 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 (if applicable). 6 EDA & City Council Approved April 17, 2017 2. The applicant shall then meet with city staff to obtain information about the microloan program, discuss the project, and obtain application forms. 3. 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 returned to the applicant. 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 microloan 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. 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. Downtown Revitalization Loan applications will also be reviewed by a Housing & Redevelopment Authority Commissioner in conjunction with the EDA Finance Committee. Energy Efficiency Improvement Loan applications will also be reviewed by an Energy City Commissioner in conjunction with the EDA Finance Committee. 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 the project. b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. • Appropriate ratio of private funds to Microloan funds. • Sufficient cash flow to cover proposed debt service as demonstrated by financial statements and projections. • Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the loan application is approved. 7 EDA & City Council Approved April 17, 2017 • 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 staff. d. Project compliance with all city codes and policies. e. Microloan 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: • 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. 7. 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. The application for an extension beyond the original term should include a letter of denial from a conventional lender. 8. 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 may deny any application if it is found not consistent 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. 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. 8 EDA & City Council Approved April 17, 2017 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. 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 EDA & City Council Approved April 17, 2017 ELK RIVER ECONOMIC DEVELOPMENT 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 Which Microloan Program are you applying for? Jobs Incentive Loan (Funded by State MIF Funds) 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 / Industrial ______ Working Capital Other 10 EDA & City Council Approved April 17, 2017 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: 11 EDA & City Council Approved April 17, 2017 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 12 EDA & City Council Approved April 17, 2017 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 following information on jobs you expect to create within 2-years. Job Title Number of Jobs Average Hourly Wage Annual Salary Are the Jobs Permanent or Temporary? Expected Hiring Date *If loan is for job retention only, please explain in Business Plan. 13 EDA & City Council Approved April 17, 2017 5. PROJECT CONTACTS Attorney Name Address Phone ______ Accountant Name ______ Address Phone Financing Sources (lenders, partners, etc…) Name ______ Address Phone Name ______ Address Phone Parent Company Name ______ Address Phone Others Name ______ Address Phone Name ______ Address Phone 14 EDA & City Council Approved April 17, 2017 6. ATTACHMENTS CHECK LIST 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 Three Years and Year to Date 1. Profit & Loss Statements 2. Balance Sheets _______C) Financial Projections for up to Three 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) Letter of Commitment from the Applicant committing to prevailing wage requirements. _______H) Processing Fee of $2,000 15 EDA & City Council Approved April 17, 2017 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 16 EDA & City Council Approved April 17, 2017 MICROLOAN APPLICATION SCORING WORKSHEET 1. The project meets the criteria set forth in the appropriate the Microloan policy. a) Meets at least one of the microloan objectives in Section 7; 6(e). 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 new 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 TO BE COMPLETED BY CITY STAFF 17 EDA & City Council Approved April 17, 2017 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. Use: Points: _____ Industrial or Business Park Project 5 Commercial/ Redevelopment 4 10. Likelihood that the project will result in Points: _____ unsubsidized, spin-off development. High 5 Moderate 3 Low 1 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: Overall project desirability: High 50-35 points Moderate 34-29 points Low 28-20 points Not Eligible 19-0 points Sub - Total Points: of a possible 45 points. Tax Abatement Policy & Application Amended: April 2000 August 2002 May 2006 February 2014 September 2016 April 2017 City of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 Page 2 of 15 EDA & City Council Approved April 17, 2017 Table of Contents I. Policy Purpose 3 II. Difference Between Tax Abatement & Tax Increment Financing 3 III. Objectives of Tax Abatement 3 IV. Policies for the Use of Tax Abatement 4 V. Project Qualifications 5 VI. Subsidy Agreement & Reporting Requirements 6 VII. Application Process for Tax Abatement 7 city of Elk River Application to Other Jurisdictions VIII. Application for Tax Abatement 8 Applicant Information Project Information Public Purpose Sources & Uses Additional Documentation and Checklist IX. Sample But-For Analysis 13 X. Application Review Worksheet 14 Page 3 of 15 EDA & City Council Approved April 17, 2017 I. POLICY PURPOSE For the purposes of this document, the term “city” shall include the Elk River City Council, Economic Development Authority, and Housing and Redevelopment Authority. The purpose of this policy is to establish the city of Elk River’s position relating to the use of 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 Abatement assistance. The fundamental purpose of providing Tax Abatement in Elk River is to encourage desirable development or redevelopment that would not otherwise occur but-for the assistance provided through the Tax Abatement. The city of Elk River is granted the power to utilize Tax Abatement by Minnesota Statutes, Sections 469.1812 to 469.1815 (the “Minnesota Tax Abatement Act”), as amended. It is the intent of the city to provide the minimum amount of Tax Abatement, as well as other incentives, at the shortest term required for the project to proceed. Preference is given to projects in which the total amount of Tax Abatement request includes participation from the county. 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 Tax Abatement 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 TAX ABATEMENT AND TAX INCREMENT FINANCING The primary difference between Tax Abatement 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 taxing jurisdictions (the school district and the county) are required to contribute their portion of the increased taxes to the project. Conversely, when Tax Abatement 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 Tax Abatement are generally less than the dollars generated with TIF. III. OBJECTIVES OF TAX ABATEMENT As a matter of adopted policy, the city will consider using Tax Abatement 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 as defined in the city’s Business Subsidy Policy. • 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. Page 4 of 15 EDA & City Council Approved April 17, 2017 • To facilitate the development process and to achieve development on sites which would not be developed without Tax Abatement 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. • 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. • To significantly increase the city of Elk River’s tax base. IV. POLICIES FOR THE USE OF TAX ABATEMENT a. Tax Abatement assistance will generally be provided to the developer upon receipt of taxes by the city, otherwise referred to as the pay-as-you-go method. Requests for up front financing will be considered on a case-by-case basis. b. Any developer receiving Tax Abatement assistance shall provide a minimum of ten percent (10%) owner cash equity investment in the project. c. Tax Abatement 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. Tax Abatement will not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. f. Tax Abatement 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: agreements, letters of credit, personal guaranties, etc. h. The developer shall adequately demonstrate, to the city’s sole satisfaction, an Page 5 of 15 EDA & City Council Approved April 17, 2017 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 purpose of underwriting the proposal, the developer shall provide any requested market, financial, environmental, construction plans or other data requested by the city or its consultants. j. Tax Abatement 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. In addition, leasable 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. Of the occupants certified at the six month period, 50% of the jobs 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 Minnesota 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 Tax Abatement proposals shall optimize the private development potential of a site. V. PROJECT QUALIFICATIONS All Tax Abatement 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 Tax Abatement 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; or c. The developer shall demonstrate that the project is not financially feasible Page 6 of 15 EDA & City Council Approved April 17, 2017 but-for the use of Tax Abatement. Evaluation of the project’s financial feasibility without Tax Abatement shall be provided by the city’s financial advisor on all requests of over $25,000 total public investment. d. The city will consider the use of Tax Abatement assistance for projects that may not meet the but-for and job creation criteria, but rather would be considered as a “location incentive”. These projects may result in other public benefits such as a significant tax base increase, the creation of higher paying jobs (at least twice the minimum hourly rate stated in the city’s Business Subsidy Policy), and is likely to assist in the marketing and attraction of additional desired developments. e. The project shall comply with all provisions set forth in the Minnesota Tax Abatement Law, Minnesota Statutes 469.1812 to 469.1815, as amended. f. The project must be consistent with the city’s Comprehensive Plan, Land Use Plan, and Zoning Ordinances. g. The project shall serve at least two of the following public purposes: • Job creation or job retention. • Significantly increase the 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 Economic Development Strategic Plan 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 Abatement assistance from the city of Elk River shall be subject to the provisions and requirements set forth by the city’s Business Subsidy Policy as amended and Minnesota Statutes Sections 116J.993 to 116J.995 (the “Minnesota Business Subsidy Law”), if applicable Page 7 of 15 EDA & City Council Approved April 17, 2017 VII. APPLICATION PROCESS FOR TAX ABATEMENT A. CITY OF ELK RIVER 1. Applicant submits the completed application along with a $10,000 application deposit, to be refunded for any portions not utilized if the tax increment project does not proceed. The application deposit will be used toward the cost of services provided in the evaluation of financial feasibility and preparation of legal documents and agreements. Projects that demand professional services in excess of the initial deposit shall be required to reimburse the city for the additional expenses. 2. City staff reviews the application and completes the Application Review Worksheet. 3. Results of the Worksheet are submitted to the appropriate governing authorities (EDA or HRA) for recommendation to the City Council of approval or denial of the request. 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 request are held. 6. The City Council grants final approval or denial of the request. B. APPLICATIONS TO OTHER JURISDICTIONS It is recommended that applicants intending to seek Tax Abatement 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 Tax Abatement through Sherburne County and/or School District 728, contact: Sherburne County Administrator 763-241-2701 School District 728 Superintendent 763-241-3400 Page 8 of 15 EDA & City Council Approved April 17, 2017 Financial Incentive Application Tax Abatement Financing VIII. APPLICATION FOR TAX ABATEMENT Public Information Notice Generally, correspondence to and from Staff is considered public information. Specific data related to a financial assistance request is deemed not public: Financial Information, Financial Statements, Net worth Calculations, Business Plans, Income and Expense projections, Balance Sheets, Customer Lists, Income Tax returns. When public financial assistance is received, only the following remains not public: Business Plans, Income and Expense projections, Customer lists, Income tax returns, design, market, and feasibility studies not paid for with public funds. The city does allow an applicant to submit sensitive financial information directly to the city’s financial consultant, for additional security. A. APPLICANT INFORMATION Name of Business Entity’s ___ Address ___________________________________________________________ Primary Contact _____________________________________________________ Address____________________________________________________________ Phone______________ Fax________________ Email______________________ Brief description of the business entity, including history, principal product or service: Brief description of the proposed project: Attorney Name ________________________________________________________ Address______________________________________________________________ Phone _________________ Fax________________ Email_____________________ Page 9 of 15 EDA & City Council Approved April 17, 2017 Accountant Name ______ Address Phone Fax Email ______ Contractor Name ______ Address Phone Fax Email _______ Engineer Name _______ Address Phone Fax Email ______ Architect Name ______ Address Phone Fax Email ______ B. PROJECT INFORMATION 1. The project will be: ____Industrial: ____New Construction ____ Expansion Redevelopment / Rehab. Office/research facility that conforms to Business Park zoning standards ____Commercial Redevelopment/Rehabilitation ____Other 2. In addition to the city of Elk River, applicant is requesting Tax Abatement from: __ Sherburne County _ School District 728 3. The project will be: ___Owner Occupied ____Leased Space 4. Project Address Parcel Identification Number(s) 5. Site Plan and Construction Plans Attached: ____ Yes ____ No 6. Total Amount of Tax Abatement Requested: $ over years. City Portion: Annual $ Total $ County Portion: Annual $ Total $ ISD 728 Portion: Annual $ Total $ 7. 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 __ % Completed Year ______ % Completed Page 10 of 15 EDA & City Council Approved April 17, 2017 C. PUBLIC PURPOSE It is the policy of the city of Elk River that the use of Tax Abatement 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 of Elk River’s economic base. ___The project contributes to the fulfillment of the city’s Economic Development Strategic Plan. ___Removal of blight. ___Rehabilitation of a high profile or priority site. ___Significantly increase the city’s tax base. D. SOURCES & USES SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Owner Cash Equity $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Abatement $ ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ TOTAL $ Page 11 of 15 EDA & City Council Approved April 17, 2017 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 ______E) Personal Financial Statements & Current Tax Return of all Major Shareholders 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 the Project ______H) Application deposit of $10,000, with any unused portion to be refunded if project does not proceed I) Construction Plans and Itemized Project Construction Statement J) Attach the following documentation as Exhibits Exhibit A – Corporation/Partnership Description Exhibit B – Description of Project Exhibit C – List of Shareholders/Partners Exhibit D – But-For Analysis Exhibit E – List of Prospective Lessees Exhibit F – Legal Description and PID Number(s) I. Note: All owners with ownership interests greater than 20% will be required to sign personal guarantees if up front financing of the project is required. Page 12 of 15 EDA & City Council Approved April 17, 2017 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. 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 Name Date Page 13 of 15 EDA & City Council Approved April 17, 2017 IX. SAMPLE BUT-FOR ANALYSIS WITH NO WITH TAX ABATEMENT TAX ABATEMENT SOURCES AND USES SOURCES AND USES SOURCES SOURCES Mortgage 9,600,000 8,667,000 Equity 2,400,000 2,400,00 Tax Abatement 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% Page 14 of 15 EDA & City Council Approved April 17, 2017 X. TAX ABATEMENT APPLICATION REVIEW WORKSHEET 1. The project meets the criteria set forth in Section V of the Tax Abatement policy. a) Meets at least one of the objectives in Section III. b) Demonstrates need for Tax Abatement 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(g). 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 new 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 new jobs created/retained Points: _____ Minimum 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: _____ 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 TO BE COMPLETED BY CITY STAFF Page 15 of 15 EDA & City Council Approved April 17, 2017 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. Use: Points: _____ Industrial or Business Park Project 5 Commercial Rehabilitation/Redevelopment 4 10. Likelihood that the project will result in Points: _____ unsubsidized, spin-off development. High 5 Moderate 3 Low 1 11. Bonus Adjustments Bonus Adjustments: The project will be 100% Pay-as-you-go Tax Abatement 3 points The project contributes to the goals of Energy City. 2 points • Product promotes sensible use of energy, OR • Project utilizes significant energy efficient design &/or materials in construction. Sub - Total Points: of a possible 45 points. Total Points: Rating Points Max Eligibility Overall project desirability: High 45-38 points 100% Moderate 37-29 points 75% Low 28-20 points 50% Not Eligible 19-0 points 0% 1 Tax Increment Financing Policy 2 Tax Increment Financing Policy Purpose The purpose of this policy is to ensure development receiving Tax Increment Financing (TIF) is consistent with the long-term city Comprehensive Plan, Strategic Plan, Mississippi Connections Plan and/or most recent Housing Study. This is a guide for processing and review of TIF applications. The City of Elk River shall utilize TIF to encourage desirable development or redevelopment that would not otherwise occur but for TIF. The city is empowered to utilize TIF by the Minnesota Tax Increment Financing Act, as amended in Minnesota Statutes 469-174 through 469-1794. The city provides the minimum amount of TIF at the shortest term required for a 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. Projects meeting policy criteria are not guaranteed the award of TIF. Approval or denial of a certain project is not a precedent for approval or denial of another project. The City Council and Economic Development Authority and the Housing and Redevelopment Authority can deviate from this policy for projects that supersede the objectives identified herein. Authority Minnesota Statutes 469-174 through 469-1794 govern the use of TIF and exceed any issues that conflict with this policy. Public Purpose The City of Elk River will consider TIF for projects that achieve one or more of the following: 1. Demonstrate long-term benefits to the community. 2. Retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits through:  Diversification of the local economy  Significant addition of permanent, high-wage, full-time jobs  Addition of jobs attractive to those unemployed or underemployed 3. Significantly increases the city’s commercial and industrial tax base. 3 4. Demonstrates the ability to encourage unsubsidized private development through “spin off” development. 5. Facilitates the development process and achieves development on sites that would not develop “but for” the use of TIF. 6. Removes blight and/or encourages redevelopment of commercial and industrial areas resulting in high quality redevelopment and private reinvestment. 7. Offsets redevelopment costs (i.e. contaminated site cleanup) over and above the costs normally incurred in development. 8. Aids the implementation of the Mississippi Connections Plan. Policy Statements 1. The primary intent of TIF is direct funding for public improvements and secondarily for developer assistance. 2. The use of TIF shall be in accordance with state law. The more restrictive language will apply when a conflict exists between this policy and state law. 3. Projects must be consistent with the Comprehensive Plan and/or the Mississippi Connections Plan. 4. Projects must be consistent with the Strategic Plan for Economic Development and/or the most recent Housing Study. 5. Preferred projects promote the completion of major public improvement projects within the city such as the installation of trunk sewer and water lines and major transportation projects. 6. The level of assistance provided will be determined on a case-by-case basis as referenced in Public Purpose. Based on the extent to which the project achieves the policy statements (1-6 above), the city will consider TIF for projects in the following categories:  Manufacturing  Major office warehouse/production facilities  Research and development  Commercial projects encouraging substantial redevelopment of substandard properties  Housing needs identified in the most recent city housing study 4 1. Assistance for TIF is required to meet the uses identified by statute including, but not limited to the following:  Public improvements  Land acquisition and land write down  Loans  Site preparation and improvement  Demolition  Legal, administration, and engineering 2. The preferred method of TIF is pay-as-you-go for eligible costs as reimbursement, upfront financing maybe considered on a case-by-case basis. 3. A maximum of ten percent (10%) of any tax increment received from the district shall be retained by the city to reimburse administrative costs. 4. All TIF assistance must be accompanied by a signed development agreement including a minimum assessment value. The developer must provide additional financing guarantees to ensure completion of the project, including, but not limited to: letters of credit, personal guarantees, corporate guarantees, etc. 5. TIF District’s shall be limited to the minimum term necessary to meet the project needs. Only projects exceeding the objectives identified in this policy will be considered to exceed the following general thresholds:  Redevelopment District 15 Years (Max is 26)  Housing District 15 Years (Max is 26)  Soils Condition District 15 Years (Max is 21)  Renewal and Renovation District 10 Years (Max is 16)  Economic Development District 8 Years (Max is 9) 6. Policy Considerations  Each project is required to meet the “but-for” test to determine the need for and level of assistance. This test and the amount of tax increment generated determines the district’s term. It is difficult to facilitate a redevelopment, housing or soils condition district for less than the maximum term as the extraordinary costs involved are usually significant.  The term of the district could coincide with the amount of tax increment the city has to spend on its priorities within a project area.  Of all the TIF districts, the Economic Development District is most often the one limited to a lesser term. Economic Development Districts are really “incentive” districts where it is not so much the extraordinary costs as it is an “incentive” to get a business to locate in a community. In the other districts, the costs are easily identifiable and usually significant such as demolition, relocation, environmental remediation, and the cost differential between market rate and income/rent restricted housing. 5 7. Developers receiving TIF assistance shall provide a minimum of ten percent (10%) cash equity investment in the project. TIF will not be used to supplant cash equity. 8. TIF will not be used in circumstances where land and/or property price is in excess of fair market value. A third-party appraiser agreed upon by the city and developer will determine the fair market value of the land. 9. The developer shall demonstrate a market demand for a proposed project. TIF shall not be used to support purely speculative projects. 10. 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. 11. 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. 12. The city of Elk River shall only use TIF to encourage economic growth and development within the city limits. Application Process 1. Applicant submits a complete application and a $10,000 application deposit by the first Monday of the month. The application deposit will be used toward the cost of services provided in the evaluation of financial feasibility, establishment or modification of the district, and preparation of legal documents and agreements. An additional deposit of $10,000 shall be required for projects requiring statutory redevelopment substandard tests. The applicant shall reimburse the city for professional services in excess of the initial deposit. Deposit portions not utilized shall be refunded. 2. City staff reviews the application for completeness and submits the application to the city’s financial consultant for review and preparation of a financial analysis. 3. The Joint Finance Committee shall review the proposal’s financial strength and make a recommendation to the appropriate commission with findings of fact. 4. The appropriate authority reviews the proposal and the recommendation to determine conformance with this policy. The authority makes a recommendation to the City Council. 5. After meeting the statutory requirements for establishing the Tax Increment District, the City Council holds a Public Hearing and takes action on the proposal (Approximately 45-60 days). 6 APPLICATION FOR TAX INCREMENT FINANCING A. APPLICANT INFORMATION Name of Entity Address Primary Contact Address Phone Fax Email Brief description of the entity business, including history, principal product or service: Brief description of the proposed project: Attorney Name Address 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 7 B. PROJECT INFORMATION 1. The project will be: _____ Redevelopment District _____ Housing District _____ Soils Condition District _____ Renewal and Renovation District _____ Economic Development District 2. The project will be: ___Owner Occupied ____Leased Space 3. Project Address Legal Description & Parcel Identification Number(s) 4. Site Plan and Preliminary Construction Plans Attached: ____ Yes ____ No 5. Amount of Tax Increment Requested for: Land Purchase $ Public Improvement $ Site Improvement $ 6. Current Real Estate Taxes on Project Site: $ Estimated Real Estate Taxes upon Completion: Phase I $ Phase II $ 7. Construction Start Date: Construction Completion Date: If Phased Project: Year ____ % Completed Year ___ % Completed 8 C. PUBLIC PURPOSE It is the policy of the City of Elk River that the use of Tax Increment 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 or diversification of the city’s economic base. _____ The project contributes to the fulfillment of the City’s Plan. _____ Removal of blight or the rehabilitation of a high profile or priority site. _____ Significantly increase the City’s tax base. _____ Other: 9 D. SOURCES & USES SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Owner Cash Equity $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Increment $ ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ TOTAL $ 10 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 _____E) Personal Financial Statements of all Major Shareholders Current Tax Return _____F) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Timeline _____G) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project _____H) Application deposit of $10,000, with any unused portion to be refunded. _____ I) Construction Plans and Itemized Project Construction Statement _____J) Attach the following documentation as Exhibits Exhibit A – Entity Documents Exhibit B – Description of Project Exhibit C – List of Shareholders/Partners Exhibit D – But-For Analysis Exhibit E – List of Prospective Lessees Exhibit F – Legal Description and PID Number(s) Note: All Major shareholders will be required to sign personal guarantees if up front financing of the project is required. 11 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 and verify financial and other information. 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 12 Tax Increment Financing Policy History Adopted by: On (date) Item # City Council 12/4/2017 EDA 11/20/2017 HRA 11/6/2017 1 Economic Development Energy Incentive Program Policy 2 Elk River Economic Development Energy Incentive Program Guidelines, Policy & Application 1. Policy Purpose The City of Elk River Economic Development Authority (EDA) and the City of Elk River (City) maintain a goal to stimulate private sector investment for new job creation and tax base growth. The Energy Incentive Program offers a savings to qualified applicants on their Elk River Municipal Utilities (ERMU) electric bills for up to two years. 2. Eligible Businesses Projects located or proposed to be located within the city limits of the City may be eligible for the program as further defined herein:  Unless otherwise stated, business must be a for-profit corporation, partnership, limited liability company, or sole proprietorship.  Business must be a small business as defined by the Small Business Administration.  Only new construction projects qualify.  Peak electric demand greater than 50kW per month.  Located within eligible ERMU area.  .  The creation of at least 50 new jobs at ≥ $18.00 per hour  Calculated Economic Output of $10 million through Implan software (information provided by Sherburne County)  Project must generate a least $80,000 in total annual property taxes.  Religious, political, and pornographic enterprises are not eligible. 3. Regulation for New Construction and Improvements All buildings which public funds will be used for construction are to conform to city code and ordinances and state building codes. 4. Timing of Project Expenses No project shall commence without city council approval of the application. Any costs incurred prior to the approval of the application are not eligible expenditures. No building construction should commence until the required permits are secured. The applicant will be responsible for all legal, recording, and other fees 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 applicant. 3 5. Procedural Guidelines for Application and Approval 1. The applicant shall obtain information about the Energy Incentive Program and application from the City. 2. The applicant shall complete and submit an application along with a $2,000 processing fee. The fee covers processing expenses. Any remaining funds will be returned to the applicant. The applicant must provide a letter of commitment for constructing the project. 3. The EDA and the City are a governmental entities and must provide access to public data received in accordance with the Minnesota Government Data Practices Act, (Minnesota Statutes, Chapter 13) (the “Minnesota Data Practices Act”). The information provided in an application to the EDA and the City will be used to assess eligibility for financial assistance. The EDA and the City will not be able to process an application without this information. The Minnesota Government Data Practices Act governs whether the information that you are providing to the EDA is public or private. If financial assistance is provided for the project, the information submitted in connection with your application will become public, except for those items protected under Minnesota Statutes, Section 13.59, Subdivision 3(b) or Section 13.591, Subdivision 2. Data deemed by the applicant to be nonpublic data under state law should be so designated or marked by the applicant. See Minn. Stat. Sections 13.59, Subd. 1, respectively. 4. The application will be reviewed to determine conformity to all City policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or microloan 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 incentives and/or funding for the project. 5. The Joint Finance Committee of the EDA and EDA Commissioners will review each application for compliance with the City’s Comprehensive Plan, Economic Development Strategic Plan and the goals, requirements and intent of this policy. The EDA Finance Committee 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 the project. b. Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the application is approved. c. Project compliance with all City codes, ordinances and policies. d. Quality job and wage creation requirements of at least 50 new jobs at a minimum hourly wage of $18.00. e. Peak electric demand greater than 50kW per month. 4 f. Located within eligible ERMU area. g. Calculated economic output of $10 million through Implan software (information provided by Sherburne County) h. Project generates a minimum of $80,000 in total annual property taxes i. The project contributes to the fulfillment of the City’s approved and adopted economic development and/or redevelopment plans. j. All other information as required in the application and/or additional information as may be requested by the economic development staff, in its sole discretion. 6. 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. 6. 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. 7. Right of Refusal The EDA shall deny any application found inconsistent with the goals of the city’s Comprehensive Plan and Economic Development Strategic Plan and intent, requirement and goals of this policy. The City Council shall have final authority to review the application and will make the final determination as to whether the assistance shall be granted. The EDA and the City reserve the right to approve or reject projects on a case-by-case basis, taking into consideration established policies. Meeting policy criteria does not guarantee the award of assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. 8. Compliance with the Minnesota Business Subsidy Law All developers/businesses receiving financial assistance from the City shall be subject to the provisions and requirements set forth by the City’s Business Subsidy Policy as amended and Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Minnesota Business Subsidy Law”) if applicable, including entering into a business subsidy agreement if necessary. 5 9. Compliance with the ERMU Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River Policy Elk River Municipal Utilities was purchased by the City in 1945 and separate governance was created in 1947. It is typical for a municipal utility to provide a PILOT regardless of the separation of governance. The PILOT is calculated based on eligible electric sales within the City. As an economic development incentive option, the City agrees to waive the applicable PILOT for an approved applicant and redirect that amount as a credit distributed through the applicant’s monthly ERMU electric service bill for up to two years. The amount of the incentive shall be determined by ERMU in its sole discretion in consultation with the City. For the applicant to be eligible for this incentive, the business must be located within an area of the ERMU electric service territory in which the electric sales are included in the calculation for the PILOT to the City. And for the applicant to be eligible, the project must meet all other applicable prevision of the ERMU PILOT policy; the City must be eligible to receive PILOT for the location to be able to waive PILOT for the project. 10. Form of Assistance; Repayment The incentive will be provided over a period of 2 years starting after the City issues a certificate of occupancy for the project. If the business owner fails to create the number of jobs as set forth in its application within 2 years of the issuance of a certificate of occupancy, the business may be required to repay the amount of assistance provided if required by applicable law. 11. Agreement to Pay Costs of Review City and EDA policy requires applicants to pay all costs incurred by the city to review and act upon applications so that these costs are not borne by the taxpayers. These costs include all of the city’s out-of-pocket costs for expenses, including the City’s and the EDA’s costs for review of the application by the City’s and EDA’s financial advisor, attorney, 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. Any unused portion of the application fee will be returned to 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. 6 Elk River Economic Development Energy Incentive Program 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 Request 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 program will impact your project: 7 3. Proposed Peak Electric Demand and Energy Usage 4. Job & Wage Goals Jobs to be Created* Please provide the following information on jobs you expect to create within 2-years. Job Title Number of Jobs Average Hourly Wage Annual Salary Are the Jobs Permanent or Temporary? Expected Hiring Date 8 5. Project Contacts Attorney Name Address Phone Accountant Name Address Phone Financing Sources (lenders, partners, etc…) Name Address Phone Name Address Phone Parent Company Name Address Phone Others Name Address Phone Name ______ Address Phone 9 6. Attachment Checklist Please attach the following: ______ A) Application ______ B) Projected Electric Usage as calculated by ERMU ______ C) Economic Impact Analysis (from Sherburne County) ______ D) Certificate of Good Standing and Applicant’s Organizational Documents (for example, articles of incorporation and bylaws) ______ E) Resume of Owner/Management ______ F) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration ______ G) Processing Fee of $2,000 10 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 11 APPLICATION SCORING WORKSHEET 1. The project meets the criteria set forth in the Energy Incentive policy. a) Meets the objectives of the program c) Consistent with all city plans and ordinances. d) Meets the wage requirements as defined in the city’s business subsidy policy. 2. Job Creation in the City of Elk River: Points: _____ Number of new jobs as a result of the project. 50+ 5 Total Less than 50 0 3. Wage Level of jobs created/retained or relocated Points: _____ Minimum hourly wage Over $21/ hour 5 of jobs created/retained: $19-20 / hour 4 $18 / hour 3 4. Project size: Points: _____ The project will result in the construction 50,000+ 5 of square feet 40,000+ 4 30,000+ 3 5. Tax Base Generation: Points: _____ The project will result in the annual estimated Tax Base Generation $100,000+ 5 of $90,000+ 4 $80,000+ 3 Sub - Total Points: _____________of a possible 20 points. TO BE COMPLETED BY CITY STAFF 12 6. Bonus Points Point Adjustments: The project contributes to the goals of Energy City. 3 points • Product promotes sensible use of energy, OR • Project utilizes significant energy efficient design &/or materials in construction. Total Points: Overall project desirability: High 20-23 points Moderate 18-19 points Low 12-17 points Not Eligible 0-11 points 13 Economic Development Energy Incentive Program Policy History Adopted by: On (date) Item # EDA January 22, 2019 7.7