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03-30-2021 JOINT FINANCE COMMITTEE PACKET Special Meeting of the Elk River Joint Finance Committee Held at Elk River City Hall Tuesday, February 23, 2021 Members Present: Ryan Hardin, Rhonda Magnussen, Dan Tveite, Denny Chuba, and Larry Toth Members Absent: Charlie Blesener and Chad Vitzhum Staff Present: Colleen Eddy, Economic Development Specialist Others Present: Mikaela Huot, Baker Tilly 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Joint Finance Committee was called to order by Chair Tveite at 7:32 a.m. 2. Consider Agenda Motion by Hardin and seconded by Chuba to approve the Joint Finance Committee agenda. Motion carried 5-0. 3. Consent Agenda Motion by Hardin and seconded by Magnussen to approve the February 11, 2021 Joint Finance Committee meeting minutes. Motion carried 5-0. 4.1 Delta/Riverwalk TIF Request Ms. Eddy presented the staff report and discussed the history of the project and highlighted that the property has a new buyer, which means a new application needed to be submitted. Ms. Huot presented the financial analysis. The group met the new buyer and received information from them on the project. Motion by Magnussen to proceed with the past decision of the JFC and seconded by Chuba to propose that the consensus of the JFC was to recommend to the HRA a 20- year TIF district for Phase 1 and 20 years for Phase 2 with an aggregate of 26 years, which is a deviation of the TIF policy. The deviation is due to exuberant circumstances that this project would not be completed with the maximum 15 years allowed per the policy. 5.1 Announcements No announcements 6. Adjournment There being no further business, Mr. Tveite adjourned the meeting at 8:17 a.m. Minutes prepared by Colleen Eddy. _____________________ Tina Allard City Clerk ___________________ Cal Portner EDA Executive Director The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Joint Finance Committee Item Number 4.1 Agenda Section General Business Meeting Date March 30, 2021 Prepared by Colleen Eddy, Economic Development Specialist Item Description COVID-19 Small Business Emergency Microloan Application Reviewed by Cal Portner, City Administrator Reviewed by Action Requested Review the COVID-19 Small Business Emergency Microloan Application for Happy Home LLC and approve or deny. Background/Discussion Happy Home LLC submitted a COVID-19 Small Business Emergency Microloan Application. They are requesting $15,000 to offset costs associated with the Governor’s Executive Orders 20-04 and 20-08. The EDA approved the program in response to the COVID-19 pandemic and provides for a $20,000 forgivable loan for those affected by the executive orders. Happy Home LLC., was impacted with the original order due to social distancing and the uncertainty around COVID 19’s mode of contamination. The impact occurred during their typical busiest months of March, April, May and June. They propose to utilize the funds to offset lease, utilities, operating, and payroll expenses. A complete application and all supporting documentation were submitted. They do not clearly fall under the Executive Orders 20-04 and 20-08. The applicant is not in violation of any city codes, ordinances, licensing requirements or delinquent taxes, bills, or charges due to the city. Financial Impact The EDA allocated funding of up to $200,000 for this program from the general microloan fund account. The total funds disbursed as of December 16, 2020, were $97,374.00, of which $37,374 is currently forgivable. The Microloan fund balance is about $828,000. Attachments  Happy Home LLC Application Documents  COVID-19 Small Business Emergency Microloan Program 13065 Orono Parkway Elk River, MN 55330 763.635.1000 ElkRiverMN.gov COVID-19 Small Business Emergency Microloan Program 2 | Page COVID-19 Small Business Emergency Microloan Program Purpose The City of Elk River Economic Development Authority (EDA) has developed the small business emergency assistance microloan program to provide financial assistance to locally owned and operated businesses adversely impacted by the COVID-19 pandemic. Eligibility The COVID-19 Small Business Emergency Microloan Program is available to locally owned and operated small businesses located within the City of Elk River. 1. Eligible business types include locally owned and operated businesses noted in Executive Orders 20-04 and 20-08, including but not limited to: a. Restaurants, cafes, coffeehouses, and other places of public accommodation offering food or beverage for on-premises consumption b. Taverns, brew pubs, microbreweries, distilleries, wineries, tasting rooms and other places of public accommodation offering alcoholic beverages for on- premises consumption c. Gymnasiums, fitness centers, indoor sports facilities, indoor exercise facilities, exercise studios, businesses offering massage therapy or similar body work, spas, salons, nail salons, cosmetology salons and barber shops. This includes, but is not limited to, all salons and shops licensed by the Minnesota Board of Cosmetologist Examiners and the Minnesota Board of Barber Examiners. d. Art and music studios e. Bowling alleys, skating rinks and other similar recreational or entertainment facilities f. Other businesses deemed nonessential under executive orders adopted by the Governor of the State of Minnesota g. Other businesses as approved by the EDA 2. The business must have been in operation prior to the Governor’s Executive Order 3. Be a legal entity registered with the Office of the Minnesota Secretary of State and be in good standing 4. Be a conforming or legally nonconforming use under the current city zoning regulations of the city 5. Not be in violation of the city’s zoning code 6. Be in compliance with city ordinances, codes, licensing, and must not have any delinquent taxes, bills, or other charges due to the city Amount: Up to $20,000 Loan Up to $5,000 in Property Tax Relief Application Fee: Waived Equity: None Rate: Fixed at 0% Term: Loans will be payable over 5 years and will be amortized over a period of 10 years. 3 | Page Payment: Loan is deferred for 6 months upon approval of the loan agreement. Forgivable: Up to $5,000 is eligible for forgiveness for property tax relief for taxes payable in 2020. Lease or ownership documentation is required. Forgiveness for property tax relief will be granted if the Borrower has met the reporting requirements listed below. Extension: In the event 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. Collateral: Loans must be supported by sufficient collateral, which will include personal guarantees and/or corporate guarantees. Supporting Documentation: 1. Proof of ownership or signed lease. 2. Proof of submittal, acceptance, approval and/or denial of SBA and DEED loan applications (not absolutely required) 3. Copy of page from business’s most recent federal tax return indicating gross receipts or sales 4. A W-9 form (with signature) 5. Other supporting documentation you wish to provide to the EDA to assist in understanding the applicant’s situation. 6. Narrative descriptions and estimated calculations of the negative impacts on the business due to COVID-19 7. Description of costs to be paid with the proceeds of the loan 8. Narrative description of the plans for resuming operations following the COVID-19 crisis Permitted Fund Uses: Awarded funds may be used exclusively for current payroll obligations (may not include employees who have been laid off), lease or mortgage payments, utilities, accounts payable, property taxes and other critical business expenses that can’t be paid as a direct result of the COVID-19 pandemic. Awarded funds may not be used for business owner’s/manager’s personal uses or expenses. Ineligible Fund Uses: Assistance cannot be provided to businesses or nonprofits that: 1. Do not have a physical business address within the City of Elk River 2. Are home-based businesses 3. Derive income from passive investments without operational ties to operating businesses 4. Primarily generate income from gambling activities 5. Generate any part of its income from adult-oriented or tobacco/vaping-related activities 6. Have no current or historical financial statements 7. Previously received emergency funds from the EDA Fund Availability: 4 | Page Funds are granted on a first come, first serve basis and will be provided until the funds are exhausted or the city-declared state of emergency declaration is lifted, whichever comes first. Reporting: As a condition for receiving funding, all recipients are required to submit a brief report to the EDA within sixty (60 days of receiving funds, specifying how the funds were used and providing evidence in the form of paid invoices, statements or similar documentation. 5 | Page COVID-19 Small Business Emergency Microloan Program Application Applicant Information DBA - Legal Name of the Business: _______________________________________________  Sole Proprietorship  Partnership  Corporation  LLC Length of Time in Business Years Months Fed Tax Id# MN State License Mailing Address City Zip Location Address City Zip Business Phone ( ) Business Fax ( ) E-Mail Address Web Address Contact Name Title Is your business currently registered with the Minnesota Secretary of State? Is your business currently in good standing with the Minnesota Secretary of State? Amount of Funding Requested $______ - Loan $_______ - Forgivable Loan (Property Tax Relief) Total number of employees: _______ The number of your employees who have been impacted by the Governor’s Executive Orders? _______ Was your business subject to the Governor’s Executive Orders 20-04 and 20-08? How has the Governor’s Executive Orders financially affected your business? 6 | Page For what purpose will these funds be used? Please include proposed expenses up to the total funding request. (For example: lease expenses for June ($2,000), payroll for employees, utilities, etc). Describe plans for resuming operations following the COVID-19 crisis. Principal #1 Name Address City ZIP Percentage of Ownership ______% Principal #2 Name Address City ZIP Percentage of Ownership ______% Primary Lender Name Phone Ref# Address Fax Contact Title 7 | Page Eligible Applicants  All eligible business categories must be referenced in Governor Walz’s Executive Orders (EO 20-04 and EO 20-08).  Must have a physical, commercial location, whether owned or leased, that is located in city limits of Elk River, MN.  Must be registered with the Minnesota Secretary of State.  Must be current with Sherburne County property taxes. Application Requirements  The "COVID-19 Small Business Emergency Microloan Program" application must be completed in its entirety by the applicant and submitted to:** City of Elk River 13065 Orono Parkway Elk River, MN 55330 Electronic submissions are also accepted to ceddy@elkrivermn.gov  All loans will be subject to the EDA’s COVID-19 Small Business Emergency Microloan Program.**  Applications will be considered on by the Joint Finance Committee and acted on by the EDA.**  The most recent federal tax return filed by the business indicating gross receipts of sales.  Income statements and balance sheets for the past year or current within 90 days, if the business has been in business less than one year.  Proof of ownership or signed lease.**  Proof of submittal, acceptance, approval and/or denial of SBA and DEED loan applications (not absolutely required).  A W-9 form (with signature).**  Other supporting information requested from staff to review eligibility.**  If funds are awarded, a brief report to the EDA within two months after receiving funds, specifying how the funds were used and providing evidence in the form of paid invoices, statements or similar documentation.** **Only needed for property tax relief Applicant Acknowledgement:  The applicant shall hold the EDA, its officers, consultants, attorneys, and agents harmless from any and all claims arising from or in connection with the COVID-19 Small Business Emergency Microloan Program or its application, including but not limited to, any legal or actual violations of any state or federal laws.  The applicant recognizes and agrees that the EDA retains absolute authority and discretion to decide whether or not to accept or deny any particular application, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant in connection with the application are incurred by the applicant at its sole risk and expense. 8 | Page  The applicant acknowledges that they have read the COVID-19 Small Business Emergency Microloan Program guidelines and understands that if the application is approved for funding, loan funds awarded must only be used to pay eligible expenses. Data Privacy Notice: The city and the EDA are subject to Minnesota Statutes Chapter 13 (the “Minnesota Government Data Practices Act”). The application shall become the property of the city and/or EDA and is subject to the Minnesota Government Data Practices Act. LOAN PROGRAM POLICY AUTHORIZATION FOR RELEASE OF INFORMATION I declare that the information provided in this application and on the accompanying exhibits is true and complete to the best of my knowledge. I agree to be bound by all terms and conditions of the COVID-19 Small Business Emergency Microloan Program. The City of Elk River Economic Development Authority has the right to verify any information contained in this application, including credit reports on the individuals and the business, and may contact any individuals and institutions involved with the proposed project. The lenders named herein have the right to share information with the EDA, its Finance Committee and boards as is necessary to approve the application for its loan funds. Signature/Title of Applicant: Date: ___________ Signature/Title of Applicant: Date: ___________ Applicants are encouraged to review the Governor’s Executive Orders 20-04 and 20-08 for further definition and clarification of businesses that are or are not eligible for this COVID- 19 Small Business Emergency Microloan. The EDA retains final authority to determine if a business is eligible or not, and whether to approve a loan or not. For questions, call 763.635.1041 or cell at 763.218.9001 or email ceddy@elkrivermn.gov COVID-19 Small Business Emergency Microloan Program Policy History Adopted by: On (date) Item # EDA 5/18/2020 7.2 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Joint Finance Committee Item Number 4.2 Agenda Section General Business Meeting Date March 30, 2021 Prepared by Colleen Eddy, Economic Development Specialist Item Description COVID-19 Small Business Emergency Microloan Application Reviewed by Cal Portner, City Administrator Reviewed by Action Requested Review the COVID-19 Small Business Emergency Microloan Application for Azitala Yoga and approve or deny. Background/Discussion Azitala Yoga submitted a COVID-19 Small Business Emergency Microloan Application. They are requesting $5,000 for property tax relief. The EDA approved the program in response to the COVID-19 pandemic and provides for a $20,000 forgivable loan for those affected by the executive orders. Azitala Yoga was closed in the Spring of 2020 for 89 days, November 20, 2020, and January – March 15, 2021. They propose to utilize the $5,000 for property tax relief. A complete application and all supporting documentation were submitted and they are an eligible business type noted in Executive Orders 20-04 and 20- 08. The applicant is not in violation of any city codes, ordinances, licensing requirements or delinquent taxes, bills, or charges due to the city Financial Impact The EDA allocated funding of up to $200,000 for this program from the general microloan fund account. The total funds disbursed as of December 16, 2020, were $97,374.00, of which $37,374 is currently forgivable. The Microloan fund balance is about $828,000. Attachments  Azitala Yoga Application Documents  COVID-19 Small Business Emergency Microloan Program 13065 Orono Parkway Elk River, MN 55330 763.635.1000 ElkRiverMN.gov COVID-19 Small Business Emergency Microloan Program 2 | Page COVID-19 Small Business Emergency Microloan Program Purpose The City of Elk River Economic Development Authority (EDA) has developed the small business emergency assistance microloan program to provide financial assistance to locally owned and operated businesses adversely impacted by the COVID-19 pandemic. Eligibility The COVID-19 Small Business Emergency Microloan Program is available to locally owned and operated small businesses located within the City of Elk River. 1. Eligible business types include locally owned and operated businesses noted in Executive Orders 20-04 and 20-08, including but not limited to: a. Restaurants, cafes, coffeehouses, and other places of public accommodation offering food or beverage for on-premises consumption b. Taverns, brew pubs, microbreweries, distilleries, wineries, tasting rooms and other places of public accommodation offering alcoholic beverages for on- premises consumption c. Gymnasiums, fitness centers, indoor sports facilities, indoor exercise facilities, exercise studios, businesses offering massage therapy or similar body work, spas, salons, nail salons, cosmetology salons and barber shops. This includes, but is not limited to, all salons and shops licensed by the Minnesota Board of Cosmetologist Examiners and the Minnesota Board of Barber Examiners. d. Art and music studios e. Bowling alleys, skating rinks and other similar recreational or entertainment facilities f. Other businesses deemed nonessential under executive orders adopted by the Governor of the State of Minnesota g. Other businesses as approved by the EDA 2. The business must have been in operation prior to the Governor’s Executive Order 3. Be a legal entity registered with the Office of the Minnesota Secretary of State and be in good standing 4. Be a conforming or legally nonconforming use under the current city zoning regulations of the city 5. Not be in violation of the city’s zoning code 6. Be in compliance with city ordinances, codes, licensing, and must not have any delinquent taxes, bills, or other charges due to the city Amount: Up to $20,000 Loan Up to $5,000 in Property Tax Relief Application Fee: Waived Equity: None Rate: Fixed at 0% Term: Loans will be payable over 5 years and will be amortized over a period of 10 years. 3 | Page Payment: Loan is deferred for 6 months upon approval of the loan agreement. Forgivable: Up to $5,000 is eligible for forgiveness for property tax relief for taxes payable in 2020. Lease or ownership documentation is required. Forgiveness for property tax relief will be granted if the Borrower has met the reporting requirements listed below. Extension: In the event 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. Collateral: Loans must be supported by sufficient collateral, which will include personal guarantees and/or corporate guarantees. Supporting Documentation: 1. Proof of ownership or signed lease. 2. Proof of submittal, acceptance, approval and/or denial of SBA and DEED loan applications (not absolutely required) 3. Copy of page from business’s most recent federal tax return indicating gross receipts or sales 4. A W-9 form (with signature) 5. Other supporting documentation you wish to provide to the EDA to assist in understanding the applicant’s situation. 6. Narrative descriptions and estimated calculations of the negative impacts on the business due to COVID-19 7. Description of costs to be paid with the proceeds of the loan 8. Narrative description of the plans for resuming operations following the COVID-19 crisis Permitted Fund Uses: Awarded funds may be used exclusively for current payroll obligations (may not include employees who have been laid off), lease or mortgage payments, utilities, accounts payable, property taxes and other critical business expenses that can’t be paid as a direct result of the COVID-19 pandemic. Awarded funds may not be used for business owner’s/manager’s personal uses or expenses. Ineligible Fund Uses: Assistance cannot be provided to businesses or nonprofits that: 1. Do not have a physical business address within the City of Elk River 2. Are home-based businesses 3. Derive income from passive investments without operational ties to operating businesses 4. Primarily generate income from gambling activities 5. Generate any part of its income from adult-oriented or tobacco/vaping-related activities 6. Have no current or historical financial statements 7. Previously received emergency funds from the EDA Fund Availability: 4 | Page Funds are granted on a first come, first serve basis and will be provided until the funds are exhausted or the city-declared state of emergency declaration is lifted, whichever comes first. Reporting: As a condition for receiving funding, all recipients are required to submit a brief report to the EDA within sixty (60 days of receiving funds, specifying how the funds were used and providing evidence in the form of paid invoices, statements or similar documentation. 5 | Page COVID-19 Small Business Emergency Microloan Program Application Applicant Information DBA - Legal Name of the Business: _______________________________________________  Sole Proprietorship  Partnership  Corporation  LLC Length of Time in Business Years Months Fed Tax Id# MN State License Mailing Address City Zip Location Address City Zip Business Phone ( ) Business Fax ( ) E-Mail Address Web Address Contact Name Title Is your business currently registered with the Minnesota Secretary of State? Is your business currently in good standing with the Minnesota Secretary of State? Amount of Funding Requested $______ - Loan $_______ - Forgivable Loan (Property Tax Relief) Total number of employees: _______ The number of your employees who have been impacted by the Governor’s Executive Orders? _______ Was your business subject to the Governor’s Executive Orders 20-04 and 20-08? How has the Governor’s Executive Orders financially affected your business? 6 | Page For what purpose will these funds be used? Please include proposed expenses up to the total funding request. (For example: lease expenses for June ($2,000), payroll for employees, utilities, etc). Describe plans for resuming operations following the COVID-19 crisis. Principal #1 Name Address City ZIP Percentage of Ownership ______% Principal #2 Name Address City ZIP Percentage of Ownership ______% Primary Lender Name Phone Ref# Address Fax Contact Title 7 | Page Eligible Applicants  All eligible business categories must be referenced in Governor Walz’s Executive Orders (EO 20-04 and EO 20-08).  Must have a physical, commercial location, whether owned or leased, that is located in city limits of Elk River, MN.  Must be registered with the Minnesota Secretary of State.  Must be current with Sherburne County property taxes. Application Requirements  The "COVID-19 Small Business Emergency Microloan Program" application must be completed in its entirety by the applicant and submitted to:** City of Elk River 13065 Orono Parkway Elk River, MN 55330 Electronic submissions are also accepted to ceddy@elkrivermn.gov  All loans will be subject to the EDA’s COVID-19 Small Business Emergency Microloan Program.**  Applications will be considered on by the Joint Finance Committee and acted on by the EDA.**  The most recent federal tax return filed by the business indicating gross receipts of sales.  Income statements and balance sheets for the past year or current within 90 days, if the business has been in business less than one year.  Proof of ownership or signed lease.**  Proof of submittal, acceptance, approval and/or denial of SBA and DEED loan applications (not absolutely required).  A W-9 form (with signature).**  Other supporting information requested from staff to review eligibility.**  If funds are awarded, a brief report to the EDA within two months after receiving funds, specifying how the funds were used and providing evidence in the form of paid invoices, statements or similar documentation.** **Only needed for property tax relief Applicant Acknowledgement:  The applicant shall hold the EDA, its officers, consultants, attorneys, and agents harmless from any and all claims arising from or in connection with the COVID-19 Small Business Emergency Microloan Program or its application, including but not limited to, any legal or actual violations of any state or federal laws.  The applicant recognizes and agrees that the EDA retains absolute authority and discretion to decide whether or not to accept or deny any particular application, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant in connection with the application are incurred by the applicant at its sole risk and expense. 8 | Page  The applicant acknowledges that they have read the COVID-19 Small Business Emergency Microloan Program guidelines and understands that if the application is approved for funding, loan funds awarded must only be used to pay eligible expenses. Data Privacy Notice: The city and the EDA are subject to Minnesota Statutes Chapter 13 (the “Minnesota Government Data Practices Act”). The application shall become the property of the city and/or EDA and is subject to the Minnesota Government Data Practices Act. LOAN PROGRAM POLICY AUTHORIZATION FOR RELEASE OF INFORMATION I declare that the information provided in this application and on the accompanying exhibits is true and complete to the best of my knowledge. I agree to be bound by all terms and conditions of the COVID-19 Small Business Emergency Microloan Program. The City of Elk River Economic Development Authority has the right to verify any information contained in this application, including credit reports on the individuals and the business, and may contact any individuals and institutions involved with the proposed project. The lenders named herein have the right to share information with the EDA, its Finance Committee and boards as is necessary to approve the application for its loan funds. Signature/Title of Applicant: Date: ___________ Signature/Title of Applicant: Date: ___________ Applicants are encouraged to review the Governor’s Executive Orders 20-04 and 20-08 for further definition and clarification of businesses that are or are not eligible for this COVID- 19 Small Business Emergency Microloan. The EDA retains final authority to determine if a business is eligible or not, and whether to approve a loan or not. For questions, call 763.635.1041 or cell at 763.218.9001 or email ceddy@elkrivermn.gov COVID-19 Small Business Emergency Microloan Program Policy History Adopted by: On (date) Item # EDA 5/18/2020 7.2