Loading...
5. HRSR 08-07-2007ITEM ~ 5. t~ver MEMORANDUM TO: Housing & Redevelopment Authority FROM: Catherine Mehelich, Director of Economic Developmentf/~~~ DATE: August 7, 2006 SUBJECT: Downtown Revitalization Project Update Attachments • Staff report and draft minutes from Special City Council Meeting, July 24, 2006 • Downtown Redevelopment Team Structure, July 27, 2006 Staff will provide the HRA a verbal update on the Downtown Revitalization Project, including the following items: • Status of Jackson Place financing and construction • Status of Bluffs of Elk River and The Bank of Elk River construction projects • Status and changes to River's Edge Park In accordance with the City Council's original decision and confirmation at the July 24`h special meeting, the contractors for the Bank and Bluffs are prepared to reopen Main Street to two-way traffic on Friday, August 11th. In addition staff recently met to confirm the downtown redevelopment team organization and communications issues. The following activities are a result of that meeting: • The attached Downtown Redevelopment Team Structure organizational chart • Began a weekly email to Mayor, City Council and HRA members regarding status of construction projects and any new issues • Established weekly meetings between project contractors and related city staff to coordinate construction schedules, deliveries, street work, etc. City of Elk River REQUEST FOR COUNCIL ACTION Item Number 5.2. Agenda Section Meeting Date Prepared by Administration May 1, 2006 Scott Clark, Community Development Director Item Description Reviewed by Temporary Changes to Downtown Traffic Flow Plan Introduction Staff is in receipt of a letter dated Apri127, 2006 from the Bank of Elk River's contractor (VanMan) to temporarily re-route a portion of Main Street for a period of three months, starting on or around May 2, 2006. In turn, Metro Plains has submitted a letter dated Apri124, 2006 stating that they will abide by the construction schedule and traffic plan that was approved by the City on July 18, 2005. These two positions appear to conflict with each other since the re-routing of a portion of Main Street, coupled with the MetroPlains approved plan, creates aone-way Jackson Avenue that will create a temporary dead-end in downtown. Staff is of the opinion that by a series of signage and other changes this situation, although not ideal, could work and will appear as an option. The work on Main Street will have extensive utility work for two to four weeks (the majority of this work is driven by Metro Plains) with the additional two months necessary for the bank's contractor to complete retaining wall work and other improvements on the front side of the bank. This aforementioned work must be completed with equipment located along a portion of Main Street between Jackson Ave and Highway 10. The second factor that complicates the picture is the necessity of MetroPlains to start construction on Jackson Place. At this time, Metro Plains is of the opinion that their financing will be in place by June and a June 15, 2006 construction start is a possibility. At this time, MetroPlains has completed all of the necessary steps in the Development Agreement to accomplish the transfer of Jackson Square and all building permits have been reviewed and approved. Staff has reviewed with MetroPlains the feasibility of having their construction limits extend only to the curb line until the re-opening of Main Street (which keeps Jackson Avenue atwo-way) and then have the construction limit fence extend into Jackson Avenue (30 ft.) as agreed to by the Council in the summer of 2005. MetroPlains is of the opinion that this physically does not work and that due to the limited construction area, they need the 30 ft. construction limit in order to build. It should also be noted that the City's park construction and ERMU's directional boring summer project should not affect these schedules. Discussion Staff has had a series of internal meetings with all departments affected by this request. In addition, staff has been constantly in contact with the Rivers Edge Downtown Business Association's members (both by e-mail and in person) to explain the fact situation and the preliminary recommendations. As discussed with the Association, staff will be having more discussions between the time of the writing of this report and the Council meeting so additional information may be forthcoming. Financial Impact None Attachments • MetroPlains approved (2005) construction and traffic flow plan • Proposed Main Street Re-Route Plan Option 1 ) • Proposed Main Street Re-Route Plan (Option 2 ) • Downtown Traffic Flow after Re-Route • Draft Signage and Detour Plan • Letters from VanMan and MetroPlains • Downtown Business Marketing Plan • Original City Council discussion memo and minutes July 18, 2005 Action Requested Staff evaluated and proposes these options based on two priority issues 1) public safety -vehicle, pedestrian, and construction site and 2) keeping downtown open for business. The following are options for this proposal: Option 1: The first option assumes that the request to xe-route Main Street is approved by the Council but that the 30ft. staging area into Jackson (per the July 18, 2005 action plan) is not given until through traffic resumes on Main Street. The ability of MetroPlains to actually construct work under this scenario is questionable. 1. The Bank of Elk River's contractor is requesting the temporary re-route of Main Street from Jackson Avenue to Parrish Ave. for three months (May, June July). 2. Keep Jackson open as a two-way for this period of time. This will require the Jackson Square project to have a fence along Jackson Ave to be along the curb. Once through traffic resumes on Main Street they then would go back to the originally agreed upon position of having a fence 30 ft. into the street and having Jackson revert to a one-way south. This scenario is problematic since MetroPlains has all of the necessary permits to proceed. Equally important, the Jackson Place site is small and it appears that the 30 ft. staging is critical to the construction. 3. Staff's target date for street re-route is May 8`'' in order for signage to be put into place and have the motoring public understand the upcoming changes. 4. A street disruption permit will be required to insure who will replace the street (the street will be effectively removed as part of utility connection work) and to require that when the through traffic resumes on Main Street, a hard surface lift will be constructed. 5. Permanently eliminate intersection parking that is the northerly extension of the Rivers Edge Common Park as part of the temporary Main Street re-route. Ct\Documents and Settings\cmehelich\Local Settings\Temporary Internet Files\OLK79\Request Council Action Temporary Re-Route Main Sireetdoc 6. When Main Street is re-routed, parking on the south side (between the Cinema Building and the Law Office) will be converted to ninety-degree parking and then converted back to diagonal when the street resumes to through traffic. (Striping to be the responsibility of the private contractors) 7. The City Engineer will be developing a signage and detour plan (installation to be the responsibility of the City but to be paid for by the applicants). 8. Work with MNDot regarding timing of any traffic signals at intersections along Highway 10 to accommodate changes in traffic flow. 9. This schedule should not affect ERMU's directional boring project or the park construction 10. City will place will create a Downtown Marketing Plan including ads the Star News, City newsletter, cable etc to give additional advertisement for downtown businesses (Marketing Plan enclosed). Option 2: The second option assumes that the MetroPlains Traffic Plan is adhered to and that: 1) 30 feet of Jackson Avenue is taken for the staging and construction area and, 2) Main Street remains temporarily re-routed for the three months with through traffic resuming sometime between early to mid August. This option assumes that the narthbound "out of downtown" would then happen on Lowell Ave and Proctor Ave. The period of time that this scenario would be in place would be up to 55 days, depending on when Jackson Place construction begins (earliest assumed is June 15, 2006 and through traffic resuming on Main Street on or about August 8, 2006). 1) Re-route Main Street per the request of the bank's contractor on a date of or around May 8, 2006 2) Allow Metro Plains to place a construction limit fence 30 ft. into the easterly portion of Jackson Avenue per the previously approved July 18, 2005 Plan. Staff would work with MetroPlains to ensure that this change would not happen until actual construction begins. 3) Create signage as needed to direct traffic onto Lowell and Proctor and warning the motoring public that after Lowell there is no outlet back to Highway 10. 4) Items 3 - 10 in Option 1 remain. Consideration for Main Street Reconfiguration aa~hen Main Street is Re-Routed During the period of time that Main Street is rerouted per this request, the City has the option to convert Main Street from Jackson Avenue to Kirlg Avenue from diagonal and parallel parking to 90 degree, head-in parking. This would almost double the amount of parking that is available, but once Main Street resumes through traffic, parking along Main Street would have to convert back to existing conditions. Council n Motion by Second by Vote Follow Up Q\Documents and Settings\cmeheheh\Loeal Settings\Temporazy Internet Files\OLK79\Request Council Action Temporary Re-Route Main Street.doc El River Police Department MEMORANDUM TO: Mayor and City Council FROM: Jeffrey A. Beahen, Chief of Police DATE: July 24, 2006 SUBJECT: Downtown Redevelopment Project There are several issues surrounding the downtown project that directly involve the police department and have created a litany of problems that the Council should be apprised of. My hope in conveying this information is to better inform the Council of some of the factors that have impacted the project as a whole, and what new factors will be impacting the project in the near future. First, the traffic plan as approved by the Council last October and revisited in May, was an accurate document, at the time it was written and when project schedules were tracking as projected, or were to start on time. Through a variety of issues and complications, outside my control, projects were delayed, started early, or changed in scope, all having dramatic impact on the traffic flow directly related to construction delivery, construction traffic and interrelated business deliveries and customer traffic. We utilized a static traffic control plan, designed for a dynamic construction process, often with unforeseen results. Second, we all know that signs and adherence to same has been an unforeseen problem with far reaching implications. Starting with the "No-left Turn" on Parrish when this first began, we have been faced with almost zero compliance with traffic control signage. Even today, we still have people traveling the wrong way on Jackson. Last week, a driver drove past all the signs on Proctor, up across piles of gravel, and got hung up on the tracks during the repairs to the crossing. Frankly, if people just obeyed signs, 95% of the issues surrounding the downtown project would simply go away. Yet enforcement, personalized traffic control guidance from the downtown officer, and better than ever signs-still result in the majority not following the traffic control plan at all. I have no answers for compliance, we have tried everything-we just need to be aware that signage is not the solution. Last, as we move forward to reopening the road for that 4-week period, we need to understand that the staff I supply for this project will increase from 1-officer, 9-hours a day, to 3-officers, 9-hours a day. We estimate that just the one officer will cost the City almost $40,000 through October. Adding the two additional officers will be another $24,300. I am still five officers short, so the remaining officers are filling these details by working overtime, with many staff working 16-hour days. Added to that will be the chaos that will be created by the start of the busy session for excavation of Jackson Square and the delivery of large planking to both the Bluff's and to the Bank of Elk River as well as the brick work on the exterior of the new bank addition. This will mean that for excavation alone, there will be a dump truck every 3-4 minutes backing into the Jackson Square site each day. Officers will have to stop traffic constantly to make this happen. They will also have to stop traffic frequently to get brick and planking deliveries in as well. The resulting schedule will mean that although the road will be open, it will be impassable or blocked more than it will be open. From a last safety concern, we will have the motoring public driving through the middle of three primary construction areas, with cranes and lifts being operated beside and above them, as well as equipment operating within the same traffic lanes, lanes that due to the latest fencing-are no longer straight, but actually angled as the cars get close to coming back out to the Jackson intersection. Then, four weeks later we close it all down again and have to reeducate the driving public for the remaining part of the closure-perhaps another 5-6 weeks. In closure, the purpose of this correspondence is not to deter the Council from standing by the decision to reopen the road, but to inform the Council of some of the factors that have changed or continue to impact our traffic situation downtown. I understand the predicament and pressure from the business community, and know that opening is what was promised. It may however create a more problematic traffic pattern than what currently exists, so we need to insure that in this case, we know exactly what associated issues will be created once the road is opened, so that we can be prepared to deal with those new issues when they arise. SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 24, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Police Chief Jeffrey Beahen, Fire Chief Bruce West, Community Development Director Scott Clark, Director of Economic Development Catherine Mehelich, Building Official Bob Ruprecht, Street Superintendent Phil Hals, Police Captain Bob Kluntz, Police Captain Brad Rolfe, Assistant Director ofEconomic Development Heidi Steinmetz, and Recording Secretary JessicaMiller Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the'Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Discuss Construction Areas and Downtown Traffic Community Development Director Scott Clark explained that since the Council approved a temporary reroute of Main Street for a three month period with two-way traffic to resume August 11, 2006, addtional_informationhas been obtained through contractor meetings indicating that there will be future needs to close the street and that major traffic disruptions may occur for extended periods of time to allow construction vehicles and equipment to access the sites. Mr. Clark re~riewed the construction schedules for the Bank of Elk River, the Bluffs Project, and the Jackson Place project. He stated that from the information included im the schedules, it appears that a majority of the closures and interferences that could severely disrupt traffic flow could be completed by October 1. He discussed the ...options with the Council which included resuming two-way traffic on Main Street on .August 11 as originally approved on May 1 or extending the August 11 deadline in order to allow contractors sufficient time to complete what they view as major road disruptions and to allow construction vehicles and equipment access to the sites. Director of Econornic'Development Catherine Mehelich and Building Official Bob Ruprecht presented photographs of the downtown construction sites to the Council. Chief Beahen indicated that there are a number of issues surrounding the downtown project that directly involve the police department. He explained that there is currently an officer downtown controlling traffic 9 hours a day. He stated that he is still five officers short which means that officers are filling this detail by working overtime, many with 16-hour days. He stated that if Main Street is reopened, staffing will need to be increased from 1 officer, 9 hours a day to 3 officers, 9 hours a day to help traffic navigate through the narrowed road past the construction sites. Chief Beahen explained that the estimated cost of having additional officers on traffic control duty downtown is approximately $64,000. He explained that a more inexpensive option would be to hire non-officers at a minimal wage to provide traffic control downtown. He noted that anyone hired would have to be trained to deal with the public and to properly represent the city. Chief Beahen emphasized that simply putting City Council Minutes Page 2 July 24, 2006 additional downtown signage is not the answer as to date, the police department has experienced almost zero-compliance on traffic signage downtown. Councilmember Gumphrey questioned if downtown traffic control would be necessary if Main Street remained closed until October 1. Chief Beahen stated that it would depend on the construction traffic patterns. He noted that the traffic patterns downtown change daily and that he had not originally anticipated having to have an officer downtown daily for traffic control. Chief Beahen commended the contractors for adhering to their approved staging areas and keeping construction traffic off of Main Street. He noted that he has witnessed some of the construction delays put upon these projects and many of them were beyond the contractor's control. Councilmember Gumphrey questioned given the unforeseen delays; what the contractors are doing to expedite the completion of their projects. Adam Holmes of VanMan Architects and Builders for the Bank of Elk River Project; Paul Lyver representing CSS Builders on the Bluff Block Project; and Ken Hinz of Flannery Construction for the Jackson Block project were present and provided input on their construction schedules. Mayor Klinzing stated that she is not interested in extending the August 11 deadline as the Council promised the downtown business owners that it would be reopened by that date. She questioned why the city is providing police officers for traffic control and why the contractors are not providing the traffic. control. Chief Beahen stated that normally traffic control provisions are included as part of a development agreement but no such provisions were included into these development agreements. Marcy VanValkenburg, Elk River Travel and Keith Holme, Kemper Drug property owner -stated that their businesses are hurting due to the Main Street closure and that they would rather have itreopened as soon as possible even if it has to be closed periodically throughout the day to allow construction traffic to pass. Fred McCoy, McCoy's Pub..,- tated that he would like Main Street to be opened but has concerns that people may get upset at the condition of the road and be reluctant to travel Main Street in the future. Karen Attia, Olde Main Eatery -indicated that it is ridiculous to assume that the contractors will,remain on schedule if the deadline is extended to October 1. Councilmember Motin indicated that he agrees with Mr. McCoy. He would like for Main Street to reopen as soon as possible but that he would rather err on the side of public safety and doesn't believe reopening it is the best thing to do. He stated that he has concerns about the road reopening in poor condition and with people traveling so closely though construction zones. He noted that if the downtown businesses can be legally compensated he would be interested in looking into that. Fire Chief Bruce West explained that it will take the cooperation of all three contractors and the public to ensure that public safety remains the number one concern downtown when Main Street is reopened and throughout all of the downtown construction. City Council Minutes July 24, 200 Page 3 Councilmember Gumphrey stated he has to leave but that he is in favor of adhering to the original date of August 11 for Main Street to reopen. He noted that he is not in favor of providing compensation to the downtown business owners. Councilmember Gumphrey left at this time (7:32 p.m.). Councilmember Dietz questioned what the condition of Main Street would be if reopened August 11. Mr. Clark indicated that it would be asphalt with curb and gutter. He questioned where the additional money to pay the traffic control officers is coming from. City Administrator Lori Johnson explained that traffic control was not included in the developer's agreement because traffic control was originally not an issue and it did not become an issue until these projects came together at the same time. Ms. Johnson indicated that the money is currently coming from the general fund. but if the Council desires, the city can request that the developers assist with the cost of the downtown traffic control. She noted that all road closure requests should go through Director of Economic Development Catherine Mehelich so they can be forwardedao-the Council. It was the consensus of the Council to adhere to the original deadline for Main Street to reopen to two-way traffic on August 11; for any future road closure requests to be coordinated through Director of Economic Development Catherine Mehelich with as much lead time as possible; for Chief Beahen to explore the option of hiring non-patrol officers to direct downtown traffic at a minimal wage;_and for staff tolook into requesting traffic control payment assistance from the developers. 3. Adjournment There being no'further business, Mayor I{linzing adjourned the meeting of the Elk River City Council at 7:42 p.m. Minutes prepared by Jessica ;vliller. Joan Schmidt City Clerk .o 0 0 N N 7 C7 2 L w v w b Z J W (7 ~ Z v wQ ~ N wdI- j O F- Z ~ U cn N Z~ N ~ O U F- a"i Q 2 ~ j ~ 0 I- Z oC ~ ZF F o ~Z O W w H m Z W H O }~ ~ U F-O N J Z UO W 3 L u „~ W Z (7 ~ Z ~ W O~ ~ Q T ~ J a~ u~ U OC E E 4 f. N ~ Q O N W u U U J .Y ~ u Z ~ v m~ ~ O ro W L ~ _ °" Z J ~ ~' f- O ~ U W + V aL a~ U U a O d v v J W N ". ~ ~ O ~ V ~; " ~ ~ J w ~3 ~ O ~ ~ ~ a °; m L v b J Z 1ui. F- Q I ~ c U L LL td LL m N ~ Z ~ O ,;; O U ZI-nw. O "' U Z ITEM ~ 5.1. ver MEMORANDUM TO: Housing & Redevelopment Authority FROM: Catherine Mehelich, Director of Economic Development /~~~ DATE: August 7, 2006 SUBJECT: Consider Appointing HRA Commissioner to EDA Finance Committee Attachment • Economic Development Micro Loan Policy & Application Background The EDA administers the following different types of micro loan programs: • Industrial Incentive Program • Downtown Rehabilitation Financing Program Typically Industrial Incentive Micro Loan Program applications are reviewed by the EDA Finance Committee for recommendation of approval or denial to the EDA Board. Per the attached Micro Loan Policy, Downtown Rehabilitation Financing Program loans are to be reviewed by an HRA member in conjunction with the EDA Finance Committee. Issue Staff recently received a loan application for the Downtown Rehabilitation Financing Micro Loan Program from Olde Main Eatery. Action Requested Staff requests the HRA appoint an HRA Commissioner that may be interested in serving on the EDA Finance Committee to review Downtown Rehabilitation Financing Program micro loans. City of El: The Light Industrial Hub of the NorthzvestMetro 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: 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 may be extended up to two additional years at a market rate of interest. Micro Loan Fund Policy & Guidelines Page 2 of 14 Amended May 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 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: 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-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 may be 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 Policy & Guidelines Page 3 of 14 Amended May 2006 -_ ~~ t ~w~~~ ~ 1 r r; ~ a~,~ ~, J ~~~ ~~ ; ~_~ ~~ ` ~ ~ ~~ ~H~ ~ -~„ '~~,,,~,I 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 minuzium 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. Micro Loan Fund Policy & Guidelines Page 4 of 14 Amended May 2006 • 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 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 Page 5 of 14 Amended May 2006 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 tune 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 fox 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. 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 Page 6 of 14 Amended May 2006 • 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. 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. Micro Loan Fund Policy & Guidelines Page 7 of 14 Amended May 2006 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 116J.993 and the attached City of Elk River Business Subsidy Policy. Micro Loan Fund Policy & Guidelines Page 8 of 14 Amended May 2006 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND APPLICATION 1. CONTACT INFORMATION Legal Name of Business: Address: City /State /Zip Contact Person(s) Business Phone F Home Phone Check One: Proprietor Corporation Partnership Social Security No. Federal ID # State ID # II. NATURE OF LOAN REQUEST Which Micro-Loan Program are you applying for? Industrial Incentive Program Rehabiliation Financing 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 Other Micro Loan Fund Applicarion Page 9 of 14 Amended May 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: III. FINANCING Project Costs Land Site improvements Buildings (attach plans & costs) Equipment/Machinery/Fixtures (attach list and estimated costs) Remodeling Industrial Inventory/Working Capital Other (attach description) Total Costs Comments: Micro Loan Fund Application Amended May 2006 Page 10 of 14 Proposed Sources of Financin SOURCE NAME TERMS AMOUNT 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 -~ 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 May 2006 Value of Collateral Book Value Cost Existing Liens Land $ $ $ Buildings $ $ $ Machinery & Equip. $ $ $ Other $ $ $ Other $ $ $ IV. JOB & WAGE GOALS Present # of Employees Total Payroll Jobs To Be Created* Please provide the following information on iobs you expect to create Within 2-years. ob Title Number of Jobs Average Hourly Wage Annual Salary Are the Jobs Permanent or Temporary? Expected Hiring Date *lf 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 Page 12 of 14 Amended May 2006 IV. PROJECT CONTACTS Attorney Name Address Phone Accountant Name Address Phone Financing Sources (lenders,_partners, etc... Name Address Phone Name Address Phone Parent Compan Name Address Phone Others Name Address Phone Name Address Micro Loan Fund Application Page 13 of 14 Amended May 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 ~ 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 ul 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 SIGNA BY DATE Micro Loan Fund Application Page 14 of 14 Amended May 2006