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6.1.B. SR 11-20-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Community Development November 20,2006 Item Number 6.1.B Prepared by Catherine Mehelich, Director of Economic Develo ment Reviewed by Scott Clark, Community Development Director Item Description Consider Downtown Business Revitalization Loan Program Introduction At its September 18,2006 meeting the Mayor and Council directed staff to prepare a draft loan or grant program that would provide fmancial assistance to the businesses in the downtown area. Discussion The attached staff report to the EDA dated November 13,2006 summarizes the issues relative to offering a grant or loan program. Staff proposes that the loan program be funded and administered through the EDA's existing Micro Loan Fund, therefore, the EDA was asked to provide feedback on the proposed loan program. The EDA provided the following comments regarding the program: . Directed staff to survey the downtown businesses for their interest in utilizing the proposed program. . The loan policy should include a "sunset" date for applications to be accepted until the end of the current construction projects. . The loan amount should be increased. . Personal guarantees should be required. The attached Downtown Business Revitalization Loan Program Description has been revised to reflect the EDA's feedback. Staff is currently undergoing a survey of downtown businesses and will be prepared to report on the interest level of businesses at the Council meeting. Financial Impact The Downtown Business Revitalization Loan Program is proposed to be funded and administered through the EDA's existing Micro Loan Fund. It should be noted these loans are high-risk due to the lack of security and collateral requirements. Attachments . Staff report to the EDA dated November 13,2006 re: Downtown Business Revitalization Loan Program . Downtown Business Revitalization Loan Program Description Action Requested Staff requests the Council's direction regarding implementing the Downtown Business Revitalization Loan Program (with modifications). s: \Downtown Revitalization \Memos\2006\REQUEST COUNCIL ACTION 11.20.06.doc Downtown Business Revitalization Loan Program Description Purpose: The Downtown Business Revitalization Loan Program is available to business owners in the Downtown District (DD) as a short-term, low interest operating loan that could be used toward working capital, cash flow, business sustainability and capital expenditures. Amount: Up to $25,000. Rate: 3%. Term: 2-years. Criteria: 1. Personal guarantee of 3. In addition t Micro Loan Fun program includes invento . listed in Section II(l) of the und Uses for this specific of existing debt, and ~ ..... 4.................... I ~[;till i ~ 5 H I i I " I j I I- --.J 0 Location Map Case Number: DOWNTOWN DISTRICT (DO) ~ N MEMORANDUM TO: Economic Development Authority FROM: Catherine Mehelich, Director of Economic Development DATE: November 13, 2006 SUBJECT: Consider Amendments to Micro Loan Policy - Downtown Business Revitalization Loan Program Attachments . Downtown District (DD) Zoning Map . Micro Loan Fund Policy & Guidelines, Amended May 2006 Issue The EDA is asked to review and provide feedback on the draft Downtown Business Revitalization Loan Program. Background At the September 18, 2006 City Council meeting, the Mayor and Council directed staff to prepare a draft loan or grant program that would provide financial assistance to the businesses in the downtown area. Assistance Options Staff researched other cities, including Hopkins, in which the officials stated no grant programs have previously been offered to downtown businesses in their communities. In addition, staff has discussions with the city's auditor and counsel regarding any legal issues with respect to the City provided fmancial assistance in the form of a grant to businesses. The auditor strongly recommended that the City has no statutory authority to provide grants to businesses for their "hardship" as a result of a construction project. Statutorily grants must include a fmding to benefit a specific public purpose. In addition, the offering of a grant puts the city at risk on several issues, including precedence, boundaries, proof of hardship, property owner equitability. Based on the research regarding grants, staff drafted the attached Downtown Business Revitalization Loan Program that may provide a flexible, simple, easy to access program that would provide a specific type of benefit for downtown businesses to assist their operations Draft Downtown Business Revitalization Loan Program November 13,2006 EDA Meeting Page 2 of2 during this construction period. While the Micro Loan Policy includes a program specifically for downtown businesses, the program is limited in eligible uses of the loan funds (e.g. working capital is not eligible) and requires significant building improvements be made. Staff proposes that the loan program be funded and administered through the EDA's existing Micro Loan Fund. Therefore, staff is requesting the EDA's feedback on the proposed program prior to staff's report to the City Council on November 20th. Downtown Business Revitalization Loan Program Purpose: To provide businesses in the Downtown District a direct short-term, low interest operating loan that could be used toward working capital, cash flow, business sustainability and capital expenditures. Amount: Up to 10,000. Rate: 3% Term: 2-years. Security: None. Permitted Fund Uses: In addition to the permitted uses outlined in Section II (1) of the existing Micro Loan Fund Policy, the following items would be considered eligible under this specific program: . Working capital . Refinancing of existing debt . Inventory Issues for Discussion Staff requests the EDA's feedback on the proposed downtown business loan program. It is important to note that the proposed program still places some additional risk for the EDA as compared to its traditional Micro Loan programs, including: . Lack of security/collateral to protect the EDA in case of default . Questionable uses of the funds . Lack of documentation/proof of need and amount of assistance . Lack of cash equity and private lending partner Another issue is whether or not the downtown business community will be interested in a loan program. Staff attended the recent River's Edge Downtown Business Association meeting to discuss the proposed program and gather feedback. The business persons in attendance of the meeting indicated that a loan would not be used by downtown businesses. The Light Industrial Hub of the Northwest Metro Economic Development Micro Loan Fund Policy & Guidelines And Application Amended: May 2006 Amended: June 2004 Adopted: September 1999 City of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY & GUIDELINES I. PURPOSE The Economic Development Authority for the City of Elk River (EDA) recognizes the need to stimulate private sector investment into manufacturing facilities and equipment in order to create new jobs, boost productivity and retain existing jobs for local residents. Additionally, the need exists to encourage investment in the expansion and/or rehabilitation of commercial and retail buildings in order to maintain the economic viability of Elk River's Downtown District. Subsequently, the purpose of this program is to provide low interest, long-term (i.e. greater than one year) loans as incentives for industrial development within the City of Elk River and to encourage commercial and retail business owners in the Downtown District to rehabilitate their existing buildings. II. LOAN PROGRAMS In order to meet the economic and community development objectives of the EDA, two distinct loan programs exist within the Micro Loan Fund to promote business growth in Elk River. Industrial Incentive Program Purpose: The purpose of the Industrial Incentive Program is to encourage industrial and high technology business development that supports the tax base and brings quality jobs to the city. Amount: Equity: Rate: Term: Extension: Up to $100,000 of secondary financing not to exceed 20% of the project cost. Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Fixed; 2 points below the lowest prime rate published in the Wall Street Joumal the day the loan is closed, or 3%, whichever is greater. Financing with a balloon payment in 5-years. The balloon payment must not be longer than the balloon payment of the participating bank. Loans may be amortized up to the following limits: 20-years on real estate uses; 10-years on equipment uses. In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Micro Loan Fund Policy & Guidelines Amended May 2006 Page 2 of 14 Criteria: 1. Borrower must be an industrial or high technology firm and create one new full-time job for each $20,000 loaned within 2 years. Said jobs must pay a minimum wage of $10.00 per hour excluding benefits required by law. Loans in excess of $75,000 shall meet the attached City of Elk River Business Subsidy Policy for the creation of new jobs at a minimum wage of$15.00 per hour excluding benefits required by law, as well as a 5-year location requirement. In the case where the multiple sources of public financing are requested (e.g. Micro Loan and Tax Increment Financing) job creation goals shall not be double-counted. 2. Borrower must comply with the provisions of the city's Industrial and Business Park zoning ordinances as applicable. Downtown Rehabilitation Financing Program Purpose: The Downtown Rehabilitation Financing Program is available to business and property owners in the Downtown District (DD) for the rehabilitation and restoration of their buildings. Amount: Equity: Rate: Term: Extension: Criteria: Up to $75,000 of secondary financing (not to exceed 40% of the project cost. Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Fixed at 2%. 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. In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. 1. At a minimum, 20% of Micro Loan dollars must be used for the improvement of the building fa<;ades. 2. Rehabilitation loans in the Downtown District are exempt from job creation and wage goals since the loan amount does not exceed $75,000 and does not qualify as a business subsidy by state law. 3. Borrower must be located in the Downtown District (DD) (see attached map). Micro Loan Fund Policy & Guidelines Amended May 2006 Page 3 of 14 L=L1flJ~ l2hll1 ,S'(j6: (/v/ /) :-~ \ 0 ~ ~O I-- ~ o 4 5 <1f N Location Map Case Number: DOWNTOWN DISTRICT (DD) ~ 2 .g ::i' ",' '" M g ~ 'I ~ t g' 'c 1 ~ ~ " '5 ~ 15 z I 2i ~ " ~ -!l . 9- v; III. USES 1. Permitted Fund Uses: a. Building construction b. Land acquisition c. Machinery d. Furniture, fIxtures, and equipment (FF&E) e. Renovation and modernization of buildings f. Exterior renovation of retail, commercial and industrial buildings g. Public infrastructure needed for economic development expansions h. Investment real estate with a minimum of 50% of the space pre-leased 2. Ineligible Fund Uses: a. Expenditures for the construction and/or renovation of residential units b. Working capital c. RefInancing of existing debt d. Inventory IV. BUSINESSES ELIGIBILITY Any project meeting the above criteria, and located or proposed to be located within the city limits of Elk River as defIned by this program, may be eligible for an Economic Development Micro Loan as further defIned herein: . Business must be a for-profIt corporation, partnership, or sole proprietorship. . Business must be a small business as defIned by the Small Business Administration (SBA). . Business must have a positive net worth. . Religious, political, and pornographic enterprises are not eligible to use the Economic Development Micro Loan Fund. V. MICRO LOAN FUND TERMS & CONDITIONS 1. Loan Structure All Economic Development Micro Loans will be structured as participation loans and will be serviced by the project's primary lending institution. Such an arrangement allows for the central distribution and collection of funds and simplifIes the fInancing process for all parties involved. A participation agreement will be signed by the borrower, primary lender and the EDA. The agreement will include the following provisions, among others: . If Borrower does not meet the job and wage goals specifIed in the Subsidy Agreement, the interest rate will change to 2 points above the participating bank's rate, effective from the two year anniversary of the loan closing. Upon subsequent achievement of the jobs and wage goals, the interest rate will revert back to the rate when the loan was originated, effective from the date of attainment of the job and wage goals. J\1icro Loan Fund Policy & Guidelines Amended May 2006 Page 4 of 14 . If Borrower defaults on the loan, the EDA will collect all further payments during the default based on a pro-rata basis with the participating bank excluding the distribution of proceeds resulting from the foreclosure on collateral. The EDA may require additional agreements to be signed by the borrower (i.e. security agreement, personal guarantees, subsidy agreement). 2. Simultaneous Micro Loans The simultaneous use of different Micro Loan Fund Programs by anyone borrower or for anyone project is prohibited. 3. 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. 4. Late Payment Charge A late payment charge of 8% of the installment amount may be enforced. VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS All buildings which public funds will be used for construction or renovation are to be brought into conformance with city ordinances and state building codes. Repairs may include the following systems and portions of real property: a. Mechanical heating, plumbing, and electrical b. Structural; including the facade of the structure and energy related improvements. c. Hook-up to city services (i.e. water, sewer) d. ADA (Americans with Disabilities Act) improvements VII. LOAN SECURITY AND GUARANTEES Applicant must be able to secure the loan by providing the EDA with a minimum of a subordinate mortgage upon the building and/ or assets or other approved collateral. Applicant must demonstrate the financial means to repay the loans, as determined by the Economic Development Authority. Whenever possible, personal guarantees will be made part of any loan agreement. VIII. TIMING OF PROJECT EXPENSES No project should commence until the Elk River Economic Development Authority has approved the loan application. Any costs incurred prior to the approval of the loan application are generally not eligible expenditures. No building construction should commence until the required City permits are secured. Micro Loan Fund Policy & Guidelines Amended May 2006 Page 5 of 14 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 non-refundable 1 % processing fee, which is paid at the time of application. IX. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL 1. All applicants shall first contact a primary lending institution to determine if additional equity is needed, and if so, how much. 2. The applicant and the primary lender shall then meet with City Staff to obtain information about the Micro Loan program, discuss the project, and obtain application forms. 3. The applicant shall complete and submit an application form to the City, along with a processing fee of 1 % of the loan request. (The fee is used to cover processing expenses and will be returned only if application is denied.) The applicant must provide evidence of their ability to meet the equity requirements or provide a letter of commitment for conventional financing from the primary lending institution. 4. The application will be reviewed by the City staff to determine if it conforms to all City policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or loan programs. b. Whether the proposed project will result in conformance with building and zoning codes. c. Whether it is desirous and in the best interests of the public to provide funding for the project. 5. The EDA Finance Committee and EDA Commissioners will review each application in terms of its consistency with the goals of the City's Comprehensive Plan and Economic Development Strategic Plan and in relation to the project's overall impact on the community's economy. Rehabilitation Loan applications will also be reviewed by an HRA member in conjunction with the EDA Finance Committee. They will also evaluate the project application in terms of the following: a. Project Design - Evaluation of project design will include review of proposed activities, time lines and a capacity to implement. b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. . Appropriate ratio of private funds to Micro Loan funds. . SuffIcient cash flow to cover proposed debt service as demonstrated by financial statements and projections. .Micro Loan Fund Policy & Guidelines Amended May 2006 Page 6 of 14 . Business must show a positive net worth. . Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the loan application is approved. . Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. . Sufficient collateral. c. All other information as required in the application and/or additional information as may be requested by the Economic Development Authority. d. Project compliance with all city codes and policies. e. Program Objectives - In addition to quality job and wage creation/retention requirements, the applicant must meet all Micro Loan Fund criteria and demonstrate how the proposed activities will meet at least one of the following objectives: . The project contributes to the fulfillment of the city's approved and adopted economic development and/or redevelopment plans. . The project prevents or eliminates slums and blight. . The project increases the local tax base. . The project brings a structure into compliance with an existing building code violation. 6. A written request for an extension shall be accompanied by a copy of current financial statements and a $500 up front processing fee. The processing fee is used to cover processing expenses and will be returned if request is denied. The application for an extension beyond the original term should include a letter of denial from a conventional lender. Refinancing will not be allowed solely for the purpose of reducing the interest rate due to lower market interest rates. 7. The EDA Finance Committee will recommend the approval, denial, or request a resubmission. A recommendation from the Finance Committee will be forwarded to the EDA for final action. Micro Loan Fund Policy & Guidelines Amended May 2006 Page 7 of 14 X. LOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure that the policies reflected in this document are consistent with the economic development goals set forth by the City. XI. RIGHT OF REFUSAL The Elk River Economic Development Authority may deny any project which it deems inappropriate according to the guidelines established in this document. XII. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW Each company receiving assistance in excess of $75,000 from the EDA :Micro Loan Fund shall be subject to the provisions and requirements set forth by :Minnesota State Statute 116].993 and the attached City of Elk River Business Subsidy Policy. Micro Loan Fund Policy & Guidelines Amended May 2006 Page 8 of 14 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND APPLICATION I. CONTACT INFORMATION Legal Name of Business: Address: City / State / Zip Contact Person(s) Business Phone Home Phone Check One: Proprietor Social Security No. Federal ID # II. NATURE OF LOAN REQUEST Which Micro-Loan Program are you applying for? Industrial Incentive Program Rehabiliation Financing Program Amount Requested: $ Fax Email Corporation State ID # 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 Micro Loan Fund Application Amended May 2006 Partnership Page 9 of 14 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: III. FINANCING Project Costs Land $ Site improvements $ Buildings (attach plans & costs) $ ~quipment/11achinery/Fixtures (attach list and estimated costs) $ Remodeling $ Industrial Inventory/Working Capital $ Other (attach description) $ Total Costs $ Comments: l\f.icro Loan Fund Application Amended May 2006 Page 10 of 14 Proposed Sources of Financing SOURCE Bank Loan Bank Loan Other Private Funds Applicant Contribution Other Fed Grant/Loan State Grant/Loan EDA Micro Loan Tax Increment Financing Tax Abatement Total Financing Collateral Assignments To Bank 1 TERMS AMOUNT $ $ $ $ $ $ $ $ $ $ $ Lien Position NAME Description of Collateral To Bank 2 To Private Sources To Other Sources To Federal Govt To State To EDA Micro Loan Micro Loan Fund Application Amended May 2006 Page 11 of 14 Value of Collateral Book Value Cost Existing Liens Land $ $ $ Buildings $ $ $ Machinery & Equip. $ $ $ Other $ $ $ Other $ $ $ IV. JOB & WAGE GOALS Present # of Employees Total Payroll PI 'd h b II Jobs To Be Created* b . . b W'hi 2 ease prOVi e t e 0 OWing in ormation on 10 s you expect to create it n -years. Average Are the Jobs Expected Number Hourly Annual Permanent or Hiring Tob Title of Jobs Wage Salary Temporary? Date *If loan is for job retention only, please explain in Business Plan. Program Objectives (Check all that apply) _ The project contributes to the fulfillment of the city's approved and adopted economic development and/or redevelopment plans. _ The project prevents or eliminates slums and blight. _ The project increases the local tax base. _ The project brings a structure into compliance with an existing building code violation. Micro Loan Fund Application Amended May 2006 Page 12 of 14 IV. 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 :Micro Loan Fund Application Amended May 2006 Page 13 of 14 V. 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 Two Years C) Financial Projections for Two Years 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) Fee (1 % of amount of loan request). VI. 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. APPLICANT SIGNATURE BY DATE Micro Loan Fund Application Amended May 2006 Page 14 of 14