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7.4. SR 01-22-2008~~~j City of Elk ~ REQUEST FOR ACTION River To Item Number Ma or & Ci Council 7.4 Agenda Section Meeting Date Prepared by Administration January 22, 2008 Catherine Mehelich, Director of Economic Develo went Item Description Reviewed by Consider Micro Loan for Nicole's Finishing Touch Salon Lori ohnson, Ci Administrator Reviewed by Action Requested The City Council is asked to consider approval, as recommended by the EDA Finance. Committee and EDA, of waiving the "existing business" criteria and issuance of a $25,000 Downtown Business Revitalization Micro Loan to Nicole's Finishing Touch Salon, Inc. with the following terms: Rate 3% fixed Term 2 ears Securi Personal Guarantee Structure Direct loan from EDA Background/Discussion Staff recently received an application from Nicole's Finishing Touch Salon for consideration of a micro loan under the Downtown Business Revitalization Program. The attached staff report to the EDA dated January 14, 2008 provided background on the program, application and discussion by the EDA Finance Committee. Since the application requests special consideration of the City Council established program criteria to benefit "existing downtown business", the Council is asked to consider the recommendations and take final action on this particular request. The EDA recently reviewed the Finance Committee's recommendation and concurred with the Committee's recommendation fox approval of the waiver of the "existing business" criteria for this applicant's specific circumstance and approval for issuing the $25,000 micro loan. Financial Impact The requested loan is in the amount of $25,000 and will be provided at a 3% interest and 2-year term. The current cash balance in the EDA Micro Loan Fund is approximately $950,000. As stated in the past, the Downtown Business Revitalization Program should be considered "high risk" lending, having the potential of not being paid back due to the nature of the flexible application requirements and limited underwriting review. The loans are secured only by a personal guarantee of the business owner. S:\EDA\Micro Loan Fund\Action Requested 1.22.08 Nicole's.doc Attachments • Staff report and related attachments to EDA dated January 14, 2008 re: Consider Micro Loan Applications ACtlon Motion by Second by Vote Follow Up S:\EDA\Micio Loan Fund\Action Requested 1.22.08 Nicole's.doc IEM # 6. ~ 7. •~, •-~.~. per MEMORANDUM TO: Economic Development Authority FROM: Catherine Mehelich, Director of Economic Development DATE: January 14, 2008 SUBJECT: Consider Micro Loan Applications - Waterfall Salon & Day Spa - Nicole's Finishing Touch Salon Attachments • Finance Committee Minutes dated January 8, 2008 • Staff report to Finance Committee dated January 4, 2008 • Business Plan Letter for Nicole's Finishing Touch Salon Inc. dated 12/29/2007 • Background City Council Meeting Minutes 9/18/2006, 11/20/2006, 12/17/2007 • City of Elk Rivex Micro Loan Fund Policy Background On January 8`t', the Finance Committee reviewed the following applications to the Downtown Business Revitalization Micro Loan Program: 1) Waterfall Salon & Day Spa - $25,000 Working Capital Loan, 3% interest, 2-year term 2) Nicole's Finishing Touch Salon - $25,000 Working Capital Loan, 3% interest, 2-year term The attached EDA Micro Loan Policy was amended in November 2006 to include the Downtown Business Revitalization Program. The attached staff report to the Finance Committee and attached City Council minutes provide additional background on the establishment of the program which was designed to assist existing downtown businesses (established when construction began April 10, 2006) during the construction period of the new buildings (until completion December 31, 2007). As stated in tlhe past, the Downtown Business Revitalization Program should be considered "high risk" leading, having the potential of not being paid back due to the nature of the flexible application requirements and limited underwriting review. The loans are secured only by personal guarantee of the business owner. Since the new program's inception November 2006 one application has been awarded (Daddy O's Cafe -January 2007). Consider Micro Loan Applications January 14, 2008 Page 2 of 2 EDA Commissioners are asked to contact staff if they wish to receive a copy of the application documents fox review prior to the EDA meeting. EDA Commissioners Tveite and Motin serve as representatives on the Finance Committee and can provide additional background on the Committee's application review and discussion. Actions Requested I) Consider Micro Loan for Waterfall Salon & Day Spa Waterfall Salon business owner Michael Scheevel was encouraged to attend the EDA meeting to answer any questions of the EDA. The Finance Committee recommends, as indicated in the attached January 8~' minutes, that the EDA consider approval of the Waterfall Salon & Day Spa request fox a $25,000 Downtown Business Revitalization Program Micro Loan with the following terms: Rate 3% fixed Term 2 ears Monthl Pa ment $1,074.53 Securi Personal Guarantee Structure Direct loan from EDA 2) Consider Micro Loan for Nicole's Finishing Touch Salon Nicole's Finishing Touch Salon business owner Nicole Fox was encouraged to attend the EDA meeting to answer any questions of the EDA. Since Nicole's Finishing Tough Salon does not fit the "existing business" criteria the Finance Committee was asked to consider the business's unique circumstances and hardship as a result of the downtown construction as described in the applicant's attached letter dated December 29, 2007. Prior to the application submittal, staff provided a brief summary of the request to the City Council at its December 17, 2007 meeting, in which the Council indicated a willingness to consider the request with fizrthex review and recommendation by the Finance Committee and EDA (see attached Council minutes). The Finance Committee recommends that the EDA consider recommending the City Council waive the "existing business" criteria for this applicant's specific circumstance and approve the applicant's request fox a $25,000 Downtown Business Revitalization Program Micro Loan, contingent upon the applicant's full payment of the Micro Loan application fee (which has since been received), and with the following terms: Rate 3% fixed Term 2 ears Monthl Pa ent $1,074.53 Secuxi Personal Guarantee Structure Direct loan from EDA Due to the exception from the policy, the EDA's recommendation on the application from Nicole's Finishing Touch Salon will be forwarded to the City Council for final consideration and action. '~ MEETING OF THE EDA FINANCE COMMITTEE HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 8, 2008 Members Present: Chris Carlson, Cliff Lundberg, Paul Motin, Tom McNair, Larry Toth, Dave Rymanowski and Dan Tveite Members Absent None Staff Present: Director of Economic Development Catherine Mehelich, Finance Director Tim Simon 1. Accept~uly 25.2007 EDA Finance Committee Minutes The July 25, 2007 EDA Finance Committee Minutes were acccp~ted. 2. Micro Loan Fund Balance Sheet and Portfolio Report Director of Economic Development Catherine Mehelich reviewed the Micro Loan Fund Balance Sheet. She reported that the fund has an una~dted cash balance in the amount of X945,982.36 and there are currently eight micro loans that remain actin-c and recci~alale. Consider Micro Loan Application: ~~'atexfall Salon & Day ~t~a Ms. Mehelich snmm~ed the $25,000 I D~1 Micro Loan application from Michael Scheeval of Waterfall Salon & Dap Spa that was recei~-ed the last week in Dece.nabe;= 2007. This application is the second Downtown Business Revitalizarion Lo<<n Program application received in the past pear the program has been available. She provided an o.-er~-icw of hc~w the program was developed and approved by the EDA and City Council in ?~~ o~-cmber of ~~)i~6. The primary purpose of the program is to offer esisring do~.~ntown business owners in the Downtown District ashoxt-term, low interest operating loan that could be used to~ti-ard working capital, cash flow, business sustainability and capital e~.penditures. Applieant'.lhchael Schee~Tal was in attendance and provided a brief history and answered questions from the Committee. He stated that he mo~-ed to Elk River with his business in 2001 prior to the nct~- downtown construction. MOVED BY DAN T~'EITE AND SECONDED BY CLIFF LUNDBERG, THE FINANCE COMMITTEE RECOMMENDS THAT THE EDA CONSIDER APPROVING THE LOAN REQUEST TO WATERFALL SALON & DAY SPA WITH THE FOLLOWING TERMS: RATE 3% FIXED TERM 2 YEARS SECURITY PERSONAL GUARANTEE STRUCTURE DIRECT LOAN FROM EDA THE MOTION CARRIED 7-0. 4. Consider Micro Loan A~plication• Nicole's Finishing Touch Salon Ms. Mehelich s»mrnari7ed the $25,000 EDA Micro Loan application from Nicole Fox of Nicole's Finishing Touch Salon that was received the last week of December 2007. She distributed to the EDA Finance Committee Minutes January 8, 2008 Page 2 of 3 Page 2 Committee a copy of the financial statements that were recently received from the applicant. She reported that while the applicant's business does not fit the existing business criteria of the program, that staff provided the City Council a brief summary of the request at its December 17, 2007 meeting and the Council indicated a willingness to consider the applicant's special circumstances with review and recommendation by the Finance Committee and EDA. Applicant Nicole Fox, and her father Brian, were in attendance to provide a brief summary of the issues they encountered during the construction of the Bluffs, which dclaved the business relocation from Otsego, and the negative publicity on the foreclosure of the_Bluffs which has impacted the business's ability to attract stylists and customers. tits Fos indicated she would like to use the micro loan funds to increase advertising and other promotional activities. Following some discussion it was the consensus of the Committee that applicant is a reasonable exception to the "existing business" criteria of the pco~ram due to the delay- encountered in establishing the business due to construction timing of the building. MOVED BY PAUL MOTIN AND SECONDED BY DAN TVEITE, THE FINANCE COMMITTEE RECOMMENDS THAT THE EDA CONSIDERA WAIVER OF THE "EXISTING BUSINESS" CRITERIA AND APPROVING THE LOAN REQUEST TO NICOLE'S FINISHING TOUCH. SALON, CONTINGENT UPON PAYMENT OF THE FULL APPLICATION FEE, ~~~'ITH THE FOLLOWING TERMS: RATE 3% FIXED TERM 2 YEARS SECURITY PERSONAL GUARANTEE STRUCTURE DIRECT LOAN FROM EDA THE MOTION CARRIED 7-0. It was noted that apphcarsons to the Downtoit-n Business Revitalization Micxo Loan Program will no l~~nger ue cvnsidereci since the program's application deadline was December 31, 2007. 5. Consider Amendment to M1CY0 Lo2n Policy to include New Downtown Buildings NIs. ~'~Ichelich reported that staff has received inquiries about the possibility of amending the micro loan hind policy to consider applications from businesses in the new Jackson Place and Bluffs of Elk River Uuildings downtown. The use of the micro loan funds would be toward leasehold improvements and funuture, fixtures and equipment. Currently the Downtown Rehabilitation Financing Program is targeted toward building rehabilitation and restoration of downtown buildings, with a nuz>imum of 20% that must be spent on building exterior. She stated that the City Council referred the issue to the Finance Committee and EDA for review and recommendation. Comments and concerns raised by Committee members with specific regard to the request included: EDA.Finance Committee Minutes January s, coos Page 3 of 3 Page 3 • Discussion on whether ox not additional financial assistance/subsidy is warranted fox the downtown area, commercial vacancies are a result of market conditions overall, whether the micro loan fund should have geographic limitations to attract businesses to one area over another, and whether the project should be given more time to lease up before offering subsidies ~to attract commercial tenants. • Additional financial support would stimulate additional private investment in the downtown area beyond the significant investment the city has already made to see the new projects and downtown park to fruition; and that there is sufficient cash balance in the micro loan fund to consider ways to provide loans where they axe needed in the community versus sitting unused in the account. • Need fox more stringent application review and standards includin} credit history, written business plan, requiring loans to be collateralized, workuig capital can be considered, but prohibit refinancing of existing debt from eligible uses. • Whether or not to allow loans to be provided directly to the applicant, as opposed to limiting only as "participation" loans with a conventional lender in conjunction with a project. • Suggested establishing a "sunset" date of 2-i-cars on the new program. • Suggested application amounts be limited to not more than ~5U,000 and at an interest rate of two points below prime rate, but not less than 3%. • Allow existing businesses to appJ~- for the new downto«n lo.~.n program without a requirement for building rehabilitation/restoration. • Suggested the existing Downtown Rehabilitation Program be amended to increase the application amount up to $100,000 (currently- S?5,C10p1. While full agreement on a recommendation could not be reached, a majority of the Committee members indicated a R-illuirnrss to consider establishing a new program with the suggestions mentioned abo~-c, upon hird~er direction from the EDA and City Council if they so choose to authorize creation of a ne~~ program. Closing The LD~~ Pillance Co~iimittee meeting ezlded at approximately 8:45 a.m. Respectfiillt- submitted by, ~r~" Catherine Mehelicl~ Director of Economic Deg-elopment of fiver MEMORANDUM TO: !EDA Finance Committee CC: Tim Simon, Finance Director & Lori Stich, Accountant FROM: Catherine Mehelich, Director of Economic Development DATE: January 4, 2008 SUBJECT: Special Meeting: Tuesday, January 8, 2008 at 7:00 AM City Hall Attachments • January 8, 2008 Agenda • July 25, 2007 EDA Finance Committee Minutes • Micro Loan Fund Balance Sheet - As of 12/31 /2007 • Application -Waterfall Salon & Day Spa • Application -Nicole's Finishing Touch Salon • City of Elk River Micro Loan Fund Policy -December 2006 • Background City Council Meeting Minutes 9/18/2006, 11/20/2006, 12/17/2007 Issues Consider Downtown Business Revitalization Micro Loan Program Applications Staff recently received the following applications to the Downtown Business Revitalization Micro Loan Program: 1) Waterfall Salon & Day Spa - $25,000 Working Capital Loan, 3% interest, 2-yeas term 2) Nicole's Finishing Touch Salon - $25,000 Working Capital Loan, 3% interest, 2-year term The EDA Finance Committee is asked to review the applications and provide a recommendation to the EDA for approval or denial. The program was established in 2006 for the purpose of assisting existing downtown businesses during the construction period of the new buildings (see attached background City Council minutes). Since the new program's inception November 2006, one application has been awarded (Daddy O's Cafe -January 2007). Since Nicole's Finishing Touch Salon does not fit the "existing business" application criteria, the Finance Committee is asked to consider the business's unique circumstances as described in the application. Both applicants have been asked to attend the Finance Committee meeting to answer any questions. EDA Finance Committee January 8, 2008 Meeting Page 2 of 2 Consider Amendment to Micro Loan Policy to include New Downtown Buildings The Finance Committee is asked to consider an amendment to the Micro Loan Policy to allow businesses within the new Jackson Place and Bluffs of Elk River buildings access to the micro loan program. The intended use of the micro loan funds would be to supplement conventional financing toward leasehold improvements and furniture, fixtures and equipment. Currently the Downtown Rehabilitation Financing Program is targeted toward building rehabilitation and restoration of downtown buildings, with a minimurn of 20% that must be spent on building exterior. Following a brief description of the request, the City Council at its December 17, 2007 meeting indicated a willingness to consider the request further and referred it to the EDA Finance Committee and EDA fox review and recommendation. The EDA will consider the Finance Committee's recommendation at its January 14, 2008 meeting. Business P/an for Nico%s Finishing Touch Salon Jnc. 12/29/2007 The p/an for Nico%s Salon in E/k River a//started in fa// of2006 to move to the B/uff's building in E/k River . This p/an was to grow as a sma//business owner and adding a new chapter for us, as growing a lot in Otsego needing a larger spot and increasing the income by two to three times in 3 year's from taking over the barber shop that was there. The p/an s started to begin and we started the construction witch was pushed back about 4 months and then /had to move out of the Otsego bui/ding May 1 l th 2007, so then we were out ofbusiness ti//August 31st. There was a/so some other set backs that came up that we had no idea about the sac and Wac fees $10,000 out of my loan that /thought wou/d be for working capita/ extra fee s on bui/ding and not having an open business 3 '/z months did not he/p us out That is why / am coming to you so we cou/d get some he/p with the working capita/ so we can make a go of this and have what we shou/d to start the new salon. The bui/ding getting forec%sed on, dose not he/p when it was in the paper and did not Muenchen that the business that are there are sti//going to be open and need the he/p of the city or-° our side. l would like to thank you for taking the time to read my concern about my sa/on business /hope /wou/d get some he/p for the sa/on and make this work. l have had the sa/on for 3 '/z year's and /hope /can continue it for a long time, opened when /was 21 years o/d now / am 25 and am doing it a// on my own. Nico% Fox Sa/on Owner and Operator Nico%s Finishing Touch Sa/on /nc. Cit~,}~,,~ouucil.al. ~ ',uses Page 3 ~~, S~tecnber I8, 200G~ 5.3. Street Disnt~tion Permit for Tacl:son Street and A~Iain Street T\~Ir. Clark reviewed multiple downtown issues regarding street closures and employee parking as outlined in his staff report. Councilmetnber Dietz questioned «=hy Fv:st National Banl: is using parking stalls in dze ut}= owned Ivng Avenue puking lot when die}=have p;~rking stalls in their o~vn lot. -Lr. Clark sislted First National Bank used to o«=n a portion of propert3= in the city=-o«~ned parking lot. He stated the bank has given the city= an easement in exchange for 2.~ stalls dedicated to the bank. ~'Oendy Simonson, Kemper Drug-Stated she is opposed to the cit}= closing parking stalls on Jackson Avenue during dze busiest time of dze }-ear for retail. She suggested charging Flannel}r Const~.~uction a fee for each spot the}' need and to split those fees behveen die cit}= and die affected businesses. Fred McCo}=,1\rlcCoy's Restaurant-Questioned ~vhy the Rivers Edge Park construction project couldn't wait until -dze Bluff Iilocl: project vas completed. I.3e suggested the city watt until spring to begin park construction. Ivlr. LtilcCo}' stilted the street lights have gone out. a few times do«=ntown. Ile stated when he contacted Ell: River 1\~Iunicipal Utilities the}~ refused to come out until a later date. FIe stated when the lights are out it makes downtown look closed. FIe furdzer expressed concern for die safer}' of customers and emplo}=ees. He stated he would like to see a parking ramp and he is unsure if his business can sui~=ive dze construction. I\~Ir. 1~~IcCo}~ questioned «=hy the parking stalls in front of the pant have to be eliminated. 1\~Ir. T~Iaertz stated the stalls are beuig elunuzated due to safety concerns «=idi d1e intersection and velucles backing up into the intersection. Chief Beaiaen st<~ted the parking stalls are not legal. IYlary VanVallenberg-Stated she is disappointed that the city has a downto«n parking issue. She stated the city assured business owners dlere «=ould be extra parking downtown from day one of consrr-uction. Keith Holme-Kemper Drug-asked each Councilmember to comment on these issues. D~Iayor Klinzing stated she is concerned about how downtown businesses are being affected by construction. She stated she is unsure ho«= to solve these complex issues. She stated die city can't deli}~ the projects; they need to be completed as soon as possible so as not to affect business o«~~ers any longer than necessar}=. She lilted the idea of charging die construction company far an}= parking stalls that need to be closed. She suggested micro loans or grants for downtown businesses (that could prove hardship). h=Iayor Iilinzing stated. she doesn't know ~vh}= die Rivers Edge Park project couldn't have been moved to a later construction date. Councilrnember Farber stated he has been against dux project from the beginning. He stated d1e Council should consider a parking ramp. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A STREET DISRUPTION Cite Council Minutes September 18, 2006 Page ~ PERMIT FOR THE CLOSURE OF MAIN STREET FROM OCTOBER 2 TO OCTOBER 23 PER THE CONDITIONS OUTLINED IN THE CSS BUILDERS AND FLANNERY CONSTRUCTION, INC. MEMO DATED SEPTEMBER 12, 2006 AND AS ILLUSTRATED ON THE STREET DISRUPTION MAP DATED SEPTEMBER 14, 2006 WITH THE FOLLOWING CONDITION: 1. NO EXCEPTIONS TO DEADLINE DATE. A~Iotion carried 5-0 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCIL1biEMBER MOTIN TOAPPROVE ASTREET DISRUPTION PERMIT FOR THE RECONFIGURATION OF JACKSON STREET FROM OCTOBER 30 TO NOVEMBER 27, 2006 PER THE CONDITIONS OUTLINED IN THE MEMO DATED SEPTEMBER 12, 2006 FROM FLANNERY CONSTRUCTION TO THE CITY OF ELK RIVER, AND AS ILLUSTRATED ON THE STREET DISRUPTION MAP DATED SEPTEMBER 14, 200G.1\Iocion carried 5-0. MOVED BY COUNCILMEbIBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE STAFF PRESENT TO THE CITY COUNCIL IN 45 DAYS A REPORT ON ALTERNATNE RECOMMENDATIONS FOR EMPLOYEE PARKING ISSUES. l~lotion c<~rried 5-a. ~ MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILNIENIBER GUiViPHREY TO DIRECT STAFF TO DRAFT A MICRO LOAN OR GRANT POLICY FOR OFFERING ASSISTANCE TO DOWNTOWN BUSINESS O~TPNERS. I4~totion carried S-0. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO DIRECT STAFF TO RESEARCH THE COST FOR DESIGNING AND CONSTRUCTING A PARKING RAMP. Dlotion carried 5-0. Councilmember itloein expressed concern lvith the cit}' moving forward on construction of a parlang ramp because the cit~r doesn't have the power of eminent domain over Elk River l••teats. &tayor Ilinzing stated the city is oi~lp considering its feasibility- at this pouit. l~Ir. Maurer seated he has some parking ramp data that was completed prior to downtown construction that lae will bring back to Council. 5.4. Presentation Regarding 193 Avenue Corridor D~Ir. IVtaurer reviewed die follo~tiing•. • Project history for the 193 Avenue corridor ^ Two possible alignment options and the pros and cons of each ^ Discussions he had with individual propert}r owners Presented a ne~v option based on input from agencies and property owners City Council_\_linutes~ -'\o~~ember 20, ?046 `1 REGARDING ENFORCEMENT AND PARKING PERMITS ~~/ITH THE FOLLOWING TWO APPOINTMENTS TO THE FOCUS GROUP: = LARRY TOTH = KEITH HOLME MOTION CARRIED 5-0. Page ~ MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO PUT A TEMPORARY CAP ON PARKING PERMITS. MOTION CARRIED 5-0. ~~ B. Loan Pcogram 1\Is. it~Iehelich stated the Council asked staff to consider a grant or loan program to assist downtown business owners. She stated staff had discussions with the city's auditor and legal counsel regarding any issues ~crith the city prolridicig financial assistance in the form of a grant to businesses. She stated the auditor confirmed that the citjr has no statutory authority to prop*ide grants to businesses for their hardsiup as a result of a construction protect. iris. Z`~Iehelich stated dze cittir would need to establish findings for a public purpose on the grant. b~Is. D~Iehelich retfiewed a draft loin program for e:tisting businesses For do«rnto~en re~ritalization with recommendations by the ED?~ as outlined in the staff report. She silted the cit}' has rccei~=ed Iunited interest on the loan progxain Erom the do~t~nto~~-n businesses. Councilmeinber Ltifotin stated the personal guarantees the ED_~ is requiring are personal Enancial statements of the owners. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE DOWNTOWN]' BUSINESS REVITALIZATION LOAN PROGRAM AS OUTLINED BELOW: PURPOSE: THE DOWNTOWN BUSINESS REVITALIZATION LOAN PROGRAM IS AVAILABLE TO BUSINESS '~~ OWNERS IN THE DOWNTO~'~'N DISTRICT (DD} AS A SHORT-TERM, LOW INTEREST OPERATING LOAN THAT COULD BE USED TOWARD WORKING CAPITAL, CASH FLO~'U, BUSINESS SUSTAINABILITY AND CAPITAL EXPENDITURES. AMOUNT: UP TO $25,000. RATE: 3%. TERM: 2-YEARS. CRITERIA: 1. PERSONAL GUARANTEE OF THE BORRO~'~ER WILL BE REQUIRED. Cin~ Council ~tinuces No~-ember 20, 200G 2. APPLICATIONS TO BE ACCEPTED UNTIL DECEMBER 31, 2007. Page 5 3. IN ADDITION TO THE PERMITTED FUND USES LISTED IN SECTION II(1) OF THE MICRO LOAN FUND POLICY, THE PERMITTED FUND USES FOR THIS SPECIFIC PROGRAM INCLUDES CORKING CAPITAL, REFINANCING OF EXISTING DEBT, AND INVENTORY. 4. BORROWER MUST BE LOCATED IN THE DOWNTOWN DISTRICT (DD). MOTION CARRIED 5-0. G?. Resolution for Redevelopment District No ~ and Project Phn for ItIediczl Technology Center, Ell: Pads Business Parl: Third Addition-PuLlic Heari~~a It~Is. Ivlehelich stated Sherburne Count}r is requesting approval of die redevelopment grogram for redevelopment district 2 and project plan for a technolog}' center for UnitedI-iealth. She stated dzis project is suni.Iar to the Target Technology Center drat was approved in 200. A%layor Itiluzzing opened the public hearing. Brian Benson, Sherburne Count}j Administrator-Stated he is pleased ~~7th the support of Elk River city staff and dzat die purchase agreement is contingent upon the cirj=permitting approvals. Arlayor Iilinzing closed the public hearing. Couneilmember Dietz questioned what die count}' intends to do with the rest of the property the}= o~vn. R~Ir. Benson stated it would be for future count}' expansion. 14Ia}=or Iilinzing expressed her congratulations to the ne~v business coming to Elk River. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION OG-126 FINDING THAT THE SHERBURNE COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S REDEVELOPMENT PROGRAM FOR REDEVELOPMENT DISTRICT N0.2 AND PROJECT PLAN FOR THE TECHNOLOGY CENTER CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF ELR RIVER. MOTION CARRIED 5-0. ~ic~:<~ouncil .1..[%nutes~~ December 17, ?',007 ~~_,~~ Page 11 Township preferred to Have dle staff provide uiforuiarion on changes d2at will happen ti~=itluu the t<t-o mile border of each cit<-. M057ED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPOINT MAYOR KLINZING AND COUNCILMEMBER MOTIN TO A SUBCOMMITTEE AND TO WORK WITH BIG LAKE TOWNSHIP ON THE FORMATION OF A JOINT PLANNING BOARD. MOTION CARRIED 5-0. ~ £ 3. Other Business ~~'` Discussion on 1\~Iicro Loan PoGa- It~ls. Johnson questioned if the Council would be interested in amending the R4icro Loan Police to include ne«< business in the do~vnto~vn. She stated there has been a request from a business recend}= relocated to do~vnto~vn to access the ~vorl:ing capital provision of the Polio}=. She stated if the Council «rere interested in amending the Policy, the nest step in the process would be to call a meeting of the EDA Finance Commttee to review the Policy. I\~Iayor Iilinzing stated it is ~~=orth considering in order to assist dze businesses. Councilmember IvIotin stated he was oka}- i~rid~ rep=ie~ving the Policy but had concerns about propsiding seed capital because the Polic}= was originally created to assist existing business owners ~vho had to operate during the constzvction periods wida the Jackson and Bluff Blocks. Iris. Johnson cl;ui5ed dzat dais would be for current existing businesses. She stated a policy revision ma}= not allow worlang capital for new businesses but the leasehold capital may be allowed for them. Councilmember Farber stated gig=en the econom}', he ~e~ould like to review the Policy. This item vas referred to dze EDr1 Finance Committee. l~~Is. Johnson stated it would come back to Council for consideration after EDA rec*ietiv. 9. Council jjFdates There were no Council Updates. 10. Staff Updates I`~js. Johnson noted the Council received a handout regarding d1e Council/Planning Retreat scheduled in Januartir. I.~Is. Johnson stated she sent die Council information regarding the three plans for die TFI 10 Corridor Committee and noted dirt comments were needed by early January. City of El: The LightlndustrialHub of the NotthwestMetro Economic Development Micro Loan Fund Policy & Guidelines And Application Amended: December 2006 Amended: May 2006 Amended: June 2004 Adopted: September 1999 Citq 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. I1. 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: Up to $100,000 of secondary financing not to exceed 20% of the 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; 2 points below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 3%, whichever is greater. Term: 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. Extension: 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 maybe extended up to two additional years at a market rate of interest. Micro Loan Fund Policy & Guidelines Page 2 of 14 Amended December 2006 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 Polity 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: Up to $75,000 of secondary financing (not to exceed 40% of the 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 2%. 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-pears on equipment uses. Extension: 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 maybe extended up to two additional years at a market rate of interest. Criteria: 1. At a minimum, 20% of Micro Loan dollars must be used for the improvement of the building facades. 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 Polity & Guidelines Page 3 of 14 Amended December 2006 Downtown Business Revitalization Loan Program Purpose: The Downtown Business Revitalization Loan Program is available to existing downtown 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 the Borrower will be required. 2. Personal financial statements of the Borrower will be required. 3. Applications to be accepted until December 31, 2007. 4. In addition to the permitted fund uses listed in Section II(1) of the Micro Loan Fund Policy, the Permitted Fund Uses for this specific program includes working capital, refinancing of existing debt, and inventory. 5. Borrower must be an established downtown business owner located in the Downtown District (DD) as of April 10, 2006. II1. 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 Micro Loan Fund Polity & Guidelines Page 4 of 14 Amended December 2006 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, maybe eligible far an Economic Development Micxo Loan as further defined herein: • Business must be a for-profit corporation, partnership, or sole proprietorship. • Business must be a small businecc 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. • 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 any one borrower or for any one 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 Micro Loan Fund Polity & Guidelines Page 5 of 14 Amended December 2006 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. VI11. 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. The applicant will be responsible for all legal, recording, and other fees required for protection of a security interest in the loan, payable by anon-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. Micro Loan Fund Policy & Guidelines Page 6 of 14 Amended December 2006 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. The EDA Finance Committee and EDA Commissioners will review each application in terms of its consistenry 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 HR.A 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. • 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. Micro Loan Fund Polity & Guidelines Page 7 of 14 Amended December 2006 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 upfront 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. 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 Ciry. 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. X11. 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 116J.993 and the attached City of Elk River Business Subsidy Policy. Micro Loan Fund Polity & Guidelines Page 8 of 14 Amended December 2006 ~~ a~~ ~~ ~, 4 J 5 ~ I \~ ~~- ~~, 4T S ~; -_ ' AVE~_ ~1 H ~'. l F ~P. 1 L I- -' ~ ? - .~, ,r : E,t~ VIE Vl ___- i . ?~, n n n ~~ Location Map aty of El -~-, "`" ~ICase Number: DOWNTOWN DISTRICT (DD) River N 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: Social Security No. Federal ID # 11. NATURE OF LOAN REQUEST Which Micro-Loan Program are you applying for? State ID # Industrial Incentive Program Rehabiliation Financing Program Downtown Business Revitalization Loan Program 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 Refinancing existing debt Other Email Proprietor Corporation Partnership Micro Loan Fund Application Page 9 of 14 Amended December 2006 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: FINANCING Proiect 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: Micro Loan Fund Application Page 10 of 14 Amended December 2006 Proposed Sources of Financing SOURCE NAME 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 TERMS AMOUNT Lien Description of Collateral Position To Bank 1 To Bank 2 To Private Sources To Other Sources To Federal Govt To State To EDA Micro Loan Micro Loan Fund Application Page 11 of 14 Amended December 2006 Value of Collateral Book Value Cost Existing Liens Land $ $ $ Buildings $ $ $ Machinery & Equip. $ $ $ Other $ $ $ Other $ $ $ IV. )OB & WAGE GOALS Present # of Employees Total Payroll Jobs To Be Created* I~1P~]CP YIYn[TI~P tl-i P Fnlln[:rinrr infnrmatinn nn in}~c Vrni P.Xt72CY t0 Create W1th1T1 Z-VeaYS. ob 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 tiustness 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 Page 12 of 14 Amended December 2006 IV. PROJECT CONTACTS Attorney Name Address Phone Accountant Name Address Phone Financing Sources (lenders, Partners, etc... Name Address Phone Name Address Phone Parent ComQanX Name Address Phone Others Name Address Phone Name Address Phone Micro Loan Fund Application Page 13 of 14 Amended December 2006 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 I-~ 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 l~nowledge. 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 DA' Micro Loan Fund Application Page 14 of 14 Amended December 2006