02-04-2019 Council Packet - Laserfiche WebLink

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2.03 Business subsidies must be justified by evidence that the project cannot proceed without the benefit of the subsidy. If tax increment financing is used to grant a subsidy, the recipient must demonstrate compliance with all statutory requirements of the TIF Act, including the "but for" test, if applicable, and any TIF policy adopted by the City or the EDA. The recipient will be required to provide all documentation necessary for the City or the EDA to make the requisite findings under the TIF Act and the Business Subsidy Act. 2.04 Recipients will be required to enter into an agreement with the City or the EDA which is consistent with statutory requirements and which contains measurable, specific and tangible goals. The agreement must include a commitment to remain in business in Lino Lakes for a minimum of five years after the benefit date (as defined in the Business Subsidy Act, benefit date means the date the item or work paid for with the business subsidy is placed in service), unless waived by the City or the EDA, and a requirement to comply with the specific job and wage goals established for the project, if any. Section 3. Business Subsidy Criteria 3.01 The City and the EDA recognizes that every proposal is unique. Nothing in these criteria shall be deemed to be an entitlement or to establish a contractual right to a subsidy. The City and the EDA may modify these criteria from time to time and reserves the right to evaluate each project on its individual merits. The City and the EDA may deviate from these criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Minnesota state agency charged with administration thereof. 3.02 The following criteria shall be utilized in evaluating a request for a business subsidy: (a) Public purpose. A business subsidy must meet a public purpose, including but not limited to increasing the tax base. Job retention may only be considered a public purpose if the loss of jobs is specific and demonstrable. (b) Increase in tax base. While an increase in the tax base cannot be the sole rounds for granting a subsidy, the City and the EDA believe it is a necessary condition for any subsidy. (c) Jobs and Wages. In instances in which job creation is determined to be a goal, the City and the EDA will review all of the unique circumstances surrounding the proposed development to determine how many jobs should be required in exchange for the proposed subsidy. If job creation is determined to be one of the main goals of a proposed development, it is the City's and the EDA's intent that the recipient create the maximum number of livable wage jobs at the site, with no fewer than 5 jobs. This may include jobs to be retained but only if retention is specific and demonstrable. The job and wage goal must be attained within two years of the benefit date (as defined in the Business Subsidy Act). The City and the EDA may, after a 479195v2