Loading...
HomeMy WebLinkAbout06/02/2016 EDAC PacketCITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING Thursday, June 2, 2016 8:00 A.M. Community Room AGENDA 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES. May 5, 2016 3. DISCUSSION ITEMS A. Business Retention Plan Draft B. Business Subsidy Criteria Update C. 35E Distribution Facility — Tax Increment Financing D. Project Updates ENWEIV1319710"M CITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE: May 5, 2016 MEMBERS PRESENT: Nathan Vojtech, Don Johnson, Lou Masonick, Thomas Colgan MEMBERS ABSENT: Chad Wagner, Julie Schwartz, Rebecca Glewwe, Tami Wier OTHERS PRESENT: Michael Grochala, Alex McKenzie APPROVAL OF MINUTES It was moved by Lou Masonick to approve the minutes of January 7, 2016, March 3, 2016 and April 7, 2016. The Motion was seconded by Nathan Vojtech and passed unanimously. PROPOSED WAREHOUSE/DISTRIBUTION FACILITY — 35E CORRIDOR Mr. Grochala and staff have been working with United Properties on construction of a large industrial warehousing/distribution facility along 35E. The applicant is proposing the site be rezoned to Planned Unit Development (PUD) to accommodate storage of semi -trailers on site. The applicant is requesting assistance in the form of Tax Increment Financing. 21s' Avenue, will need to be extended to service the site. The road project is proposed to begin in 2017, with negotiations between the city and developer underway. The proposed groundbreaking of the site is August, but the applicant could still move to another adjacent location in Centerville. UPDATING THE ECONOMIC DEVLEOPMENT BUSINESS SUBSIDY CRITERIA Mr. Grochala explained the City's Business Subsidy Criteria has not been updated since 2003, and is in need to be revised due to changes in state law. Most of the updates are minor word reconsideration such as adding EDA in phrases. Mr. Grochala asked the members opinion on Section 3.02, subset C, that states a requirement of a minimum number of jobs that must be created, to be eligible for the program. A few of the members brought up the point not to discourage small businesses from seeking assistance. Job goals may need to be reviewed on a case by case basis, but a minimum may be required. There will be more discussion in the future and Mr. Grochala will come back with more recommendations. PROJECT UPDATES Mr. Grochala provided updates on projects throughout Lino Lakes. Mattamy Homes submitted a land use application for PUD Development Stage Plan/Preliminary Plat Review. The City of Lino Lakes and the Mattamy Homes developers are coordinating and discussing potential architectural design standards and guidelines, along with other specifics. Anoka County along with the City of Lino Lakes is working on installing a playground area behind the YMCA at the Legacy at Woods Edge development. The 49 Club is still in the works to be demolished by the property owner sometime this year. The North Oaks Development is moving forward with a development at Centerville Road and County J. The project may need to include commercial sites for future development. At Apollo Dr. and Sunset Rd. will have a roundabout installed summer of 2016. ADJOURNMENT The meeting was adjourned at 8:55 AM. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGENDA ITEM 3A STAFF ORIGINATOR: Michael Grochala EDAC MEETING DATE: June 2nd, 2016 REQUEST: Draft Business Retention & Expansion Program BACKGROUND Based on previous discussions with EDAC, Kirsten Barsness, Barsness Consulting, has prepared a draft Business Retention and Expansion (BRE) Program for review by the committee. The BRE Program aims to promote reinvestment and facilitate employment growth within the community. The purpose of the program is to gather information about local business activity; anticipate changes in a company's status, and work to retain the businesses that provide the greatest positive economic impact. Over the past year a master list was developed including 113 businesses and was reduced by separating "wealth generating" business from retail, commercial and non-profit entities, resulting in 28 identified businesses that can potentially create the greatest positive economic impact in the city. Wealth generators create a new product or service that is sold into the market place unlike recyclers that re -sell the product such as a retailor. Typical generators are manufacturers, engineering or technical in nature. These businesses facilitate livable wage jobs that allow residents to support local businesses and participate in community activities, support and maintain tax base to generate revenue and increase the economic vitality of the City. The draft BRE program is based on development of a partnership with the City bringing resources that assist in facilitating public purposes such as; provide important information related to infrastructure and transportation improvements that impact local businesses, act as a connector to other government programs from the State of Minnesota and Anoka County, and can communicate to businesses about local issues that affect their operations. Visitation led by a member of the City Council and another city employee is the primary way to establish a relationship with local businesses. The City should be prepared with a number of resources. A simple handout can link businesses to a variety of programs both local and through economic development partners such as the State of Minnesota and Anoka County that provide business assistance programs and land availability. As an extension of the BRE visits, Lino Lakes can build upon its existing communications by; creating a business tab on the City's web site, add local businesses to City newsletter mailing, develop an email blast system that can alert businesses issues or opportunities and dialogue with the local area Chambers of Commerce. There is an opportunity to reach out to economic development partners such as MN DEED, Greater MSP, Anoka County, Xcel Energy and others. These organizations offer educational training, financial programs, technical assistance and a variety of other business resources. Ms. Barsness will be present at the meeting to discuss the plan. EDAC CONSIDERATION Staff is requesting EDAC comment regarding the draft plan. ATTACHMENTS 1. Barsness Memo 2. NAICS Code Summary 3. Business by Revenue 4. Business by Employee Size 5. Business by Tax Base W Business Retention and Expansion Program Outline Kirstin Barsness, Consultant Summary This document has been developed as a guide to establishing a Business Retention and Expansion (BRE) Program, a key component of Lino Lakes' economic development efforts. Contained within, is the foundational research, proposed BRE outline and organizational resources needed to effectively launch a Program. As with any endeavor, success hinges on fluidity to react to changing circumstances and commitment to consistently, and actively implement a BRE strategy annually. Background In 2014, the Economic Development Advisory Committee (EDAC) completed an Economic Development Plan that identified the development and establishment of a BRE Program as the highest priority of its four areas of opportunity. The Commission noted that of all activities, there is the greatest level of local control and decision making associated with the development and implementation of a BRE Program. Retention and expansion of key businesses is an important strategy in promoting continued economic growth. It is an avenue by which communities promote reinvestment and facilitate employment growth. By establishing a Business Retention and Expansion (BRE) Program, Lino Lakes can enhance its relationship with key existing businesses. Additionally, it provides a key linkage between the growth of businesses in the Apollo Business Park and vacant land along the Interstate 35E Corridor. The BRE is an avenue to gather information about local business activity, anticipate changes in a company's status, and work to retain the businesses that provide the greatest positive economic impact. This strategy is pivotal is securing local re -investment. An established business will first look to expand in the area where they have already made an investment, attracted quality workers and defined customers. It is the most efficient use of City resources to focus on facilitating local business growth. To begin the BRE process the EDAC directed City staff to begin evaluating the various Lino Lakes business lists. Utilizing a variety of internal and external resources, a master list was developed. Initially, there were 113 verifiable businesses included on the master list. This sample was reduced by separating "wealth generating" business from retail, commercial and non-profit entities. The resulting 28 companies comprised the working list to be used for the BRE Program. Numerous spreadsheets were constructed to better understand the local business composition. This background can be found in the Exhibits of this report. Business Retention and Expansion Program Program Goals The BRE process is an avenue for gathering information about local business activity, helps to anticipate changes in a company's status, and works to retain the businesses that provide the greatest positive economic impact. It allows the City of Lino Lakes to target specific businesses and direct limited municipal resources toward retaining and growing these existing companies. Retention of key companies is a focal point of the City's economic growth strategy. As a whole, a BRE Program impacts a community on a broad scale. It facilitates livable wage jobs that allow residents to support local businesses and participate in community activities, supports and maintains tax base to generate revenues and increase the economic vitality of the City. Goals for a local BRE Program include: Support business development that increases the tax base and adds quality jobs. Retain quality businesses by creating a positive economic environment that supports and fosters business expansion in the community. Connect expanding businesses to local resources Promote reinvestment in the community by focusing on pre -determined business and neighborhood targets. City's Role As a public entity the City is regulated as to the type of assistance it can provide to local businesses. BRE is based on a partnership and the City brings resources that assist in facilitating public purposes. Locally, the City can contribute to fostering a strong BRE program. The City can provide important information related to infrastructure and transportation improvements that impact local businesses. Information can be related to construction concerns or financing options. The City can act as a connector to other government programs from the State of Minnesota and Anoka County. These agencies have economic development programs that provide financial assistance in the areas of employee training, manufacturing or product development, and capital improvements such as building construction. The City can communicate to businesses about local issues that effect their operations. Visitation is the primary way to establish a relationship with local businesses. Many times the local owner or plant manager is the point of contact. In these instances it is imperative that the decision maker for the company is meeting with a decision maker for the City. The company representative needs a high level of comfort that their question or concern can be addressed by someone who is able to formulate change or follow up. It is recommended that a member of the City Council participate in the BRE visits for this reason. BRE Business Participants The 113 original businesses compiled into the master list were evaluated according to their overall business category: retail, commercial, manufacturing, technical, professional and non-profit. Direction was provided by the EDAC to focus on the businesses that generate wealth and not those that recycle it. Wealth generators create a new product or service that is sold into the market place unlike recyclers that re -sell the product such as a retailor. Typical generators are manufacturers, engineering or technical in nature. By setting aside the recyclers, the BRE List congealed at 28 companies. Curtis 1000 Bramstedt Surgical Inc Molin Concrete Products Co Custom Manufacturing Northern Wholesale Supply Inc GNW Machine PAR Aide Products Co Contract Hardware Co Inc Twin City Fab Rice Industries Inc Teknapack Hammerheart Brewing Co Twin City Powder Coating Mountain Machine Carroll Distributing & Constr Lakes Mechanical M C Metal Fab Saberpack Inc Underground Tools Udor USA Inc Marmon/Keystone LLC Composites One LLC Boe Ornamental Iron Inc Interplastic Corp Integrated Medical Tech USA Nol Tec Systems Inc Pathfinders Systems Inc Sterling Plastics City staff and consultant verified the validity of the listings and then sorted the businesses according to different criteria. Copies of the various sorts can be found in the exhibit portion of this document. By NAICS (North American Industry Classification System Through this process, industry clusters within Lino Lakes were identified. These were then compared to national growth trends. The information allowed for further separation of manufacturing, warehousing/distribution, and technical businesses. A separate handout on the key NAICS codes is attached to this memorandum. It details the industry clusters and corresponding businesses within them. Within the table, the specific companies that are in the fastest growing nationally, are identified. Employee number Businesses were ranked from largest to smallest number of employees. Interesting when compared to company revenues. There are businesses with a modest number of employees and significant revenues. • Revenues Companies were ordered from highest sales volume levels to lowest. • Tax Base Each company's parcel identification number was researched and their taxable market value identified. This information is used to determine the largest tax payers in the City. Program Structure Visitation The primary outcome of a Business Retention and Expansion Program is to connect the local government and local businesses in a mutually beneficial way. Visitation is an excellent way to establish dialogue and build a relationship. It provides for the exchange of information in an informal setting that helps to ease both parties with their respective roles in the partnership. Outcomes for a visit are broadly defined. The goal is not to verify all the technical aspects of a business that can be accessed online, through their annual reports or in business databases. Information shared should be focuses on their operation in Lino Lakes and any issues that are a potential barrier to expanding in the community. A sample BRE questionnaire is included in the exhibits as a reference. Lino Lakes, like the majority of municipalities, has limited resources in both staff and time. A successful BRE program grows from years of thoughtful implementation. For Lino Lakes a recommended format for visits would be: Utilization of Community Development Staff and interns to schedule visitation meetings. Visitation team should consist of no less than two individuals and no more than three. One person is the designated scribe and the other the interviewer. A member of city staff and the City Council is optimal. This represents a decision maker and the person who can research and follow up on questions or issues. Limit the number of visitations to no more than 7 per year. This allows for adequate time in scheduling and the corresponding follow thru needed. Visits can be lumped together or spread out according to what works best for visitation team members. Coordinate visits according to industry cluster (NAICS Code). By clustering industry visits, the City will be able to more easily identify common threads in related businesses. For example if a number of similar businesses are having difficulty recruiting a certain type of worker, the City may be able to access a customized training grant through the State of Minnesota for them to share in. Business Resources Preparation is imperative. Businesses are traditionally skeptical in government that is "there to help." In order to offset this natural inclination, the City can be prepared with a number of resources. A simple handout can link businesses to a variety of programs both local and through economic development partners such as the State of Minnesota and Anoka County. Essential information to have available at all time: Business Assistance Programs A detailed list of programs offered by Lino Lakes, MN DEED, Anoka County and other regional economic development agencies. Information includes where to access funds for customized job training, land acquisition, business construction, equipment financing, energy improvements, etc. Land availability in Lino Lakes including parcel size, sale price, infrastructure availability and contact. General Outreach BRE visits are geared toward specific businesses that offer the opportunity for future reinvestment. However, the creation of a healthy communication system is paramount to fostering a strong and vital business community, which includes all Lino Lakes companies. Simple strategies that are easily implemented can make a positive impact. As an extension of the BRE visits, Lino Lakes can build upon its existing communications. Ideas for consideration: 1. Creating a Business tab on the City's web site to direct traffic to available business assistance programs, economic development partners pages, development opportunities, new ordinance changes, transportation or road construct concerns, etc. 2. Add local businesses to City Newsletter mailing and have a section specified for businesses news. Highlight a local business in this area. 3. Develop an email blast system that can alert businesses issues or opportunities such as training or chamber events. 4. Dialogue with the local area Chambers of Commerce about outreach and how the City may use their resources. Partners Leverage is an important component of a successful program. Once the BRE program has been authorized, Lino Lakes needs to reach out to its economic development partners such as MN DEED, Greater MSP, Anoka County, Xcel Energy and others. These organizations offer educational training, financial programs, technical assistance and a variety of other business resources. Connectivity for assisting local businesses strengthens the entire community. As programs or technical expertise is identified, it can be included as a resource for local businesses. This is a way for Lino Lakes to enhance how the City facilitates business retention. Budget The proposed Business Retention and Expansion Program draws on financial resources the City currently has in place. It does require the allocation of staff time and a commitment to the long term implementation of the visitation and outreach components. When instances occur and materials need development or expertise is required to help facilitate an expansion, the City should reach out to its development partners. In many cases, they can help with a portion of the financial costs associated with a project. Partnership is the pivotal point of accomplishing any economic development effort. Exhibits City of Lino Lakes Business Retention Survey Company Information Company Contact Name: Phone Number: Contact(s) E-Mail: Name of Person Interviewed: Title: Name of Interviewer(s): Date of Visit: 1. Please tell us about your business and any challenges you have had or are currently facing. 2. What matters most to you when considering a community for your business location? 3. What advantages does a Lino Lakes location provide to your company? 4. Are there any obstacles to Lino Lakes as a business location? Do you have ideas on how the City can work with you to resolve these and help your company remain competitive? 5. On a scale of Ito 10,with 10 being high; How likely is it you would recommend Lino lakes as a business location to a friend or colleague? Why? 6. Do you have any other comments you would like to share? Notes: Lino Lakes BRE INTERNAL USE ONLY Business Name: Contact: Date: Additional Information Requested by Business ❑ Fixed Asset Financing ❑ Working Capital Financing ❑ Workforce Recruitment ❑ Workforce Training ❑ Available Land ❑ Available Space ❑ Technology Assistance ❑ Import/Export Assistance ❑ Small Business Loans ❑ State Development Programs ❑ Transit/Transportation ❑ Marketing Assistance ❑ Other: Local government business concerns expressed (to be completed by visitation team) 1. 2. Follow up referred to ❑ Administration ❑ ❑ Public Works ❑ Referred by: Followed up by: Community Development ❑ Finance Public Safety ❑ Parks Date: Date: Organized by NAICS Code Company Name NAICS Code Primary NAICS Description Hammerheart Brewing Co 208201 Brewers (Mfrs) Boe Ornamental Iron Inc** 238910 Site Preparation Contractors Teknapack 322121 Paper (except Newsprint) Mills Saberpack Inc 322220 Coated & Treated Paper Manufacturing Curtis 1000 323111 Commercial Printing (Except Screen & Books) Interplastic Corp 325211 Plastics & Resin Manufacturing Mountain Machine 326199 All Other Plastics Product Manufacturing Lakes Mechanical 326199 All Other Plastics Product Manufacturing Molin Concrete Products Co 327390 Other Concrete Product Manufacturing Carroll Distributing & Constr 327390 Other Concrete Product Manufacturing Underground Tools 333131 Drilling, Mining Underground Equip Manufacturing Twin City Fab 332312 Fabricated Structural Metal Manufacturing GNW Machine 332710 Machine Shops Twin City Powder Coating 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring Custom Manufacturing 333511 Industrial Mold Manufacturing Bramstedt Surgical Inc 339113 Surgical & Medical Instrument Manufacturing Integrated Medical Tech USA 339113 Surgical & Medical Instrument Manufacturing Composites One LLC** 423310 Lumber, Plywood, Millwork/Wood Panel Mrchnt Whslrs Marmon/Keystone LLC** 423320 Metal Service Ctrs & Other Metal Merchant Whls Contract Hardware Co Inc 423710 Hardware Merchant Wholesalers Rice Industries Inc 423830 Industrial Machinery & Equipment Merchant Whlsrs M C Metal Fab 423830 Industrial Machinery & Equipment Merchant Whlsrs Udor USA Inc 423830 Industrial Machinery & Equipment Merchant Whlsrs Nol Tec Systems Inc 423830 Industrial Machinery & Equipment Merchant Whlsrs PAR Aide Products Co 423910 Sporting & Recreational Goods/Supls Mrchnt Whlsrs Sterling Plastics 424610 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers Northern Wholesale Supply Inc 441210 Recreational Vehicle Dealer Pathfinders Systems Inc** 541511 Custom Computer Programming Services ** In the fastest growing US Industies (based on past 12 months) Source: Sage Works Organized by Revenue Company Name Sales Volume Primary NAICS Description PAR Aide Products Co $70,024,000 Sporting & Recreational Goods/Supls Mrchnt Whlsrs Contract Hardware Co Inc $53,240,000 Hardware Merchant Wholesalers Bramstedt Surgical Inc $50,339,000 Surgical & Medical Instrument Manufacturing Curtis 1000 $30,068,000 Commercial Printing (Except Screen & Books) Rice Industries Inc $28,303,000 Industrial Machinery & Equipment Merchant Whlsrs Northern Wholesale Supply Inc $24,916,000 Recreational Vehicle Dealer M C Metal Fab $23,286,000 Industrial Machinery & Equipment Merchant Whlsrs Udor USA Inc $21,227,000 Industrial Machinery & Equipment Merchant Whlsrs Marmon/Keystone LLC $20,661,000 Metal Service Ctrs & Other Metal Merchant Whls Molin Concrete Products Co $19,250,000 Other Concrete Product Manufacturing Carroll Distributing & Constr $11,629,000 Other Concrete Product Manufacturing Custom Manufacturing $10,818,000 Industrial Mold Manufacturing Hammerheart Brewing Co $10,633,000 Brewers (Mfrs) Composites One LLC $9,216,000 Lumber, Plywood, Millwork/Wood Panel Mrchnt Whslrs Nol Tec Systems Inc $7,075,000 Industrial Machinery & Equipment Merchant Whlsrs Interplastic Corp $6,938,000 Plastics & Resin Manufacturing GNW Machine $6,427,000 Machine Shops Twin City Fab $3,641,000 Fabricated Structural Metal Manufacturing Teknapack $3,000,000 Paper (except Newsprint) Mills Twin City Powder Coating $2,835,000 Electroplating, Plating, Polishing, Anodizing, and Coloring Mountain Machine $2,590,000 All Other Plastics Product Manufacturing Lakes Mechanical $2,354,000 All Other Plastics Product Manufacturing Boe Ornamental Iron Inc $1,560,000 Site Preparation Contractors Underground Tools $1,510,000 Drilling, Mining Underground Equip Manufacturing Integrated Medical Tech USA $1,011,000 Surgical & Medical Instrument Manufacturing Saberpack Inc $235,000 Coated & Treated Paper Manufacturing Pathfinders Systems Inc $200,000 Custom Computer Programming Services Sterling Plastics Plastics Materials and Basic Forms and Shapes Merchant Wholesalers Organized by Largest Tax Base Company Name PIN Market Value Northern Wholesale Supply Inc243122430011 5,256,200 PAR Aide Products Co 243122430011 Curtis 1000 243122140002 5,019,900 Molin Concrete Products Co 083122330003 4,400,700 Marmon/Keystone LLC 183122420007 3,748,300 GNW Machine 243122430013 2,059,700 Nol Tec Systems Inc 173122230014 1,529,900 Interplastic Corp 183122410016 1,246,400 Twin City Fab 183122420006 1,080,000 Twin City Powder Coating 173122210030 1,005,700 Integrated Medical Tech USA 173122210030 Contract Hardware Co Inc 183122410010 971,900 Sterling Plastics 183122410006 884,600 Composites One LLC 183122410006 Mountain Machine 183122410004 878,700 Teknapack 173122220045 852,500 Lakes Mechanical 173122220045 Saberpack Inc 173122220045 M C Metal Fab 173122210028 738,000 Pathfinders Systems Inc 173122210028 Bramstedt Surgical Inc 173122210028 738,000 Rice Industries Inc 173122230020 598,800 Carroll Distributing & Constr 173122220011 571,500 Custom Manufacturing 173122220008 451,700 Udor USA Inc 173122220033 434,100 Boe Ornamental Iron Inc 173122220022 336,800 Organized by Employee Size Company Name Employee Size Primary NAICS Description Curtis 1000 200 Commercial Printing (Except Screen & Books) Bramstedt Surgical Inc 199 Surgical & Medical Instrument Manufacturing Molin Concrete Products Co 100 Other Concrete Product Manufacturing Custom Manufacturing 80 Industrial Mold Manufacturing Northern Wholesale Supply Inc 60 Recreational Vehicle Dealer GNW Machine 40 Machine Shops PAR Aide Products Co 30 Sporting & Recreational Goods/Supls Mrchnt Whlsrs Contract Hardware Co Inc 23 Hardware Merchant Wholesalers Twin City Fab 14 Fabricated Structural Metal Manufacturing Teknapack 12 Paper (except Newsprint) Mills Twin City Powder Coating 12 Electroplating, Plating, Polishing, Anodizing, and Coloring Hammerheart Brewing Co 12 Brewers (Mfrs) Rice Industries Inc 12 Industrial Machinery & Equipment Merchant Whlsrs Mountain Machine 11 All Other Plastics Product Manufacturing Saberpack Inc 10 Coated & Treated Paper Manufacturing Lakes Mechanical 10 All Other Plastics Product Manufacturing Carroll Distributing & Constr 10 Other Concrete Product Manufacturing M C Metal Fab 10 Industrial Machinery & Equipment Merchant Whlsrs Underground Tools 10 Drilling, Mining Underground Equip Manufacturing Udor USA Inc 9 Industrial Machinery & Equipment Merchant Whlsrs Marmon/Keystone LLC 8 Metal Service Ctrs & Other Metal Merchant Whls Composites One LLC 7 Lumber, Plywood, Millwork/Wood Panel Mrchnt Whslrs Boe Ornamental Iron Inc 6 Site Preparation Contractors Interplastic Corp 6 Plastics & Resin Manufacturing Integrated Medical Tech USA 4 Surgical & Medical Instrument Manufacturing Not Tec Systems Inc 3 Industrial Machinery & Equipment Merchant Whlsrs Pathfinders Systems Inc 2 Custom Computer Programming Services Sterling Plastics Plastics Materials and Basic Forms and Shapes Merchant Wholesalers ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGENDA ITEM 3B STAFF ORIGINATOR: Michael Grochala EDAC MEETING DATE: June 2, 2016 REQUEST: Consideration of Business Subsidy Criteria BACKGROUND Before awarding any "business subsidy", such as financial assistance through the use of Tax Abatement or Tax Increment Financing the City is required to adopt criteria for regarding such subsidies. Business subsidy criteria was originally adopted in 2001 and revised in 2003. The criteria are intended to set minimum requirements which recipients must meet to be eligible to receive business subsidies. All business subsidy requests must comply with the State's Business Subsidy Act. A business subsidy must meet a public purpose such as increasing the tax base. The requirements must include specific wage floor for the wages to be paid for jobs created. Many of the wording changes are minor language updates such as adding EDA to existing fragments and complying with updated MN Statutes. In the Lino Lakes Business Subsidy Criteria, under Section 3.02 (c) Jobs and Wages, there should be a discussion on the minimum number of jobs a recipient is required to create. The majority of changes to the criteria include reference to both the City's Economic Development Authority (EDA) and the Business Subsidy Act. Section 3.02 was modified to establish a minimum job creation of five (5) jobs. This provision may be waived if, after a public hearing, it is determined that job creation or retention is not part of the public purpose of the subsidy. Both the Lino Lakes EDA and the City Council will hold a public hearing on Monday, June 13, 2016 and consider adoption of the proposed amendment. EDAC CONSIDERATION Staff is requesting EDAC discussion and recommendation regarding the proposed business subsidy changes. ATTACHMENTS 1. Redline Subsidy Criteria 2. MN Statutes Section 116J.993-995 Exhibit CITY OF LINO LAKES LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY BUSINESS SUBSIDY CRITERIA (Revised June 23, 200-3 .2016) Section 1. Purpose; Statutory Compliance 1.01 The purpose of this document is to establish the criteria to be considered by the e4yCity of Lino Lakes (the "City" and the Lino Lakes Economic Development Authority (the "EDA") in processing, evaluating and reviewing requests for business subsidies. It is the intent of the City and the EDA in adopting these revised criteria to comply with Minnesota Statutes, Sections 116J.993 through 116J.995 (the '"`Business Subsidy Act :). The City and the EDA hereby adopts the definitions contained in the Business Subsidy Act for application in the criteria. 1.02. Business subsidy criteria were adopted by the City on July 23, 2004-2001, revised on June 23, 2003 and are hereby revise''. The City further revised. The Board of the EDA adopted the revised business subsidy criteria on the date hereof. The City and the EDA have the option to amend these criteria again in the future if doing so is determined necessary or appropriate. Amendments to these criteria are subject to the public hearing requirements of the Business Subsidy Act. 1.03. These criteria are intended to set specific minimum requirements which recipients must meet to be eligible to receive business subsidies. TheNeither the City nor the EDA will adopt business subsidy criteria on a case by case basis. 1.04. In accordance with the Business Subsidy Act, all business subsidy requests must comply with the Business Subsidy Act and other applicable Minnesota statutes. The City's and the EDA's ability to grant business subsidies is subject to the limitations established in the Business Subsidy Act. Section 2. Goals, Objectives, and Requirements 2.01 It is the City's and the EDA's intent to advance the following goals and objectives in granting business subsidies: (a) Projects must be consistent with Line Lakes'City's comprehensive plan and any other similar plan or guide for development of the community. (b) Business subsidies will not be provided €erto projects which have the financial feasibility to proceed without a public subsidy. 2.02 When applying for a business subsidy, potential recipients will be required to provide such studies, reports, appraisals, financial information or other data as may be requested by the City or the EDA prior to consideration of a request for a business subsidy. uun2ccc.,i Error! Bookmark not defined. 2-.0-22.03 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 ftindingsfindinys under the TIF Act and the Business Subsidy Act. 2-.032.04 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 recognize 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 besand 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 2 479195v1 job and wage goal must be attained within two years of the benefit date as defined in the Business Subsidy Actl. The City and the EDA may, after a public hearing, extend for up to one year the period for meeting the job and wage goal. Qualifying jobs are those which pay, at a minimum, 110 percent of the federal minimum wage, plus benefits. Any deviation from the established wage level must be documented in conformity with the requirements set forth in the Business Subsidy Act. If the City or the EDA, following a public hearing, determines that job creation or retention is not part of the public purpose of the subsidy, the wage and job goal may be set at zero. (d) Economic Development. Projects should promote one or more of the following: 1. Encourage economic and commercial diversity within the community; 2. Contribute to the establishment of a critical mass of commercial development within an area; 3. Increase the range of goods and services available or encourage fast growing or other desirable businesses to locate or expand within the community; 4. Promote redevelopment objectives and removal of blight, including pollution cleanup; 5. Promote the retention or adaptive reuse of buildings of historical or architectural significance; 6. Promote additional or spin-off development within the community; of 7. Development of safe and affordable housing: or 8. Encourage full utilization of existing or planned infrastructure improvements. Section 4. Minimum Reaukements .� .. . .............. Compliance and Reporting Requirements U14B 232656y 3 TLN 1 A�z1 77 479195v1 5.01 Any subsidy granted by the City or the EDA will be subject to the requirement of a public hearing; if necessary. 5.02 It will be necessary for both the recipient and the City or the EDA to comply with reporting and monitoring requirements of the Business Subsidy Act. 5.03 A recipient may be authorized to move from the Citv within five years of the benefit date (as defined in the Business Subsidy Act) only if, after a public hearing, the City or EDA approves the request to move. The City or EDA may discontinue the subsidy if the recipient moves from the City. U14B 232656y 4 TLN 1 A�z1 77 479195v1 Document comparison by Workshare Compare on Tuesday, May 03, 2016 12.03:41 PM Input: Document Powerpocs-.//DOCSOPEN/479192/1 1 ID Descriptio DOCSOPEN-#479192-v1-Lino_Lakes_2003_Business_Subsidy_Crite n ria Document Powerpocs://DOCSOPEN/479195/1 21D Descriptio DOCSOPEN-#479195-v1-2016 Revised Business Subsidy_Criteria n — — — Rendering Standard set Legend: Insertion Dian Moved from Moved to Style change Format change 11—'ad aolot;,,a Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 58 Deletions 33 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 1 91 MINNESOTA STATUTES 2015 1161993 116J.993 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 1161993 to 1161995, the terms defined in this section have the meanings given them. Subd. 2. Benefit date. "Benefit date" means the date that the recipient receives the business subsidy. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date begins when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the benefit date refers to the earliest date of either: (1) when the improvements are finished for the entire project; or (2) when a business occupies the property. If a business occupies the property and the subsidy grantor expects that other businesses will also occupy the same property, the grantor may assign a separate benefit date for each business when it first occupies the property. Subd. 3. Business subsidy. "Business subsidy" or "subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. The following forms of financial assistance are not a business subsidy: (1) a business subsidy of less than $150,000; (2) assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) redevelopment property polluted by contaminants as defined in section 1161552, subdivision 3; (5) assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50 percent of the total cost; (6) assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) assistance for housing; (8) assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under section 469.174, subdivision 23; (9) assistance for energy conservation; (10) tax reductions resulting from conformity with federal tax law; (11) workers' compensation and unemployment insurance; (12) benefits derived from regulation; Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1161993 MINNESOTA STATUTES 2015 2 (13) indirect benefits derived from assistance to educational institutions; (14) funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) assistance for a collaboration between a Minnesota higher education institution and a business; (16) assistance for a tax increment financing soils condition district as defined under section 469.174, subdivision 19; (17) redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) general changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) funds from dock and wharf bonds issued by a seaway port authority; (21) business loans and loan guarantees of $150,000 or less; (22) federal loan funds provided through the United States Department of Commerce, Economic De- velopment Administration; and (23) property tax abatements granted under section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. Subd. 4. Grantor. "Grantor" means any state or local government agency with the authority to grant a business subsidy. Subd. 5. Local government agency. "Local government agency" includes a statutory or home rule charter city, housing and redevelopment authority, town, county, port authority, economic development authority, community development agency, nonprofit entity created by a local government agency, or any other entity created by or authorized by a local government with authority to provide business subsidies. Subd. 6. Recipient. "Recipient" means any for -profit or nonprofit business entity that receives a business subsidy. Only nonprofit entities with at least 100 full-time equivalent positions and with a ratio of highest to lowest paid employee, that exceeds ten to one, determined on the basis of full-time equivalent positions, are included in this definition. Subd. 6a. Residence. "Residence" means the place where an individual has established a permanent home from which the individual has no present intention of moving. Subd. 7. State government agency. "State government agency" means any state agency that has the authority to award business subsidies. History: 1999 c 243 art 12 s 1; 2000 c 482 s 1; 2004 c 206 s 52; ISp2005 c 3 art 7 s 1; 2006 c 259 art 4 s 1; 2008 c 366 art 5 s 2 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 116J.994 1161994 REGULATING LOCAL AND STATE BUSINESS SUBSIDIES. Subdivision 1. Public purpose. A business subsidy must meet a public purpose which may include, but may not be limited to, increasing the tax base. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. Subd. 2. Developing a set of criteria. A business subsidy may not be granted until the grantor has adopted criteria after a public hearing for awarding business subsidies that comply with this section. The criteria may not be adopted on a case -by -case basis. The criteria must set specific minimum requirements that recipients must meet in order to be eligible to receive business subsidies. The criteria must include a specific wage floor for the wages to be paid for the jobs created. The wage floor may be stated as a specific dollar amount or may be stated as a formula that will generate a specific dollar amount. A grantor may deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the department. The commissioner of employment and economic development may assist local government agencies in developing criteria. A copy of the criteria must be submitted to the Department of Employment and Economic Development along with the first annual report following May 15, 2000, or with the first annual report after it has adopted criteria, whichever is earlier. Notwithstanding section 116J.993, subdivision 3, clauses (1) and (21), for the purpose of this subdivision, "business subsidies" as defined under section 116J.993 includes the following forms of financial assistance: (1) a business subsidy of $25,000 or more; and (2) business loans and guarantees of $75,000 or more. Subd. 3. Subsidy agreement. (a) A recipient must enter into a subsidy agreement with the grantor of the subsidy that includes: (1) a description of the subsidy, including the amount and type of subsidy, and type of district if the subsidy is tax increment financing; (2) a statement of the public purposes for the subsidy; (3) measurable, specific, and tangible goals for the subsidy; (4) a description of the financial obligation of the recipient if the goals are not met; (5) a statement of why the subsidy is needed; (6) a commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date; (7) the name and address of the parent corporation of the recipient, if any; and (8) a list of all financial assistance by all grantors for the project. (b) Business subsidies in the form of grants must be structured as forgivable loans. For other types of business subsidies, the agreement must state the fair market value of the subsidy to the recipient, including the value of conveying property at less than a fair market price, or other in -kind benefits to the recipient. (c) If a business subsidy benefits more than one recipient, the grantor must assign a proportion of the business subsidy to each recipient that signs a subsidy agreement. The proportion assessed to each recipient must reflect a reasonable estimate of the recipient's share of the total benefits of the project. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1161994 MINNESOTA STATUTES 2015 2 (d) The state or local government agency and the recipient must both sign the subsidy agreement and, if the grantor is a local government agency, the agreement must be approved by the local elected governing body, except for the St. Paul Port Authority and a seaway port authority. (e) Notwithstanding the provision in paragraph (a), clause (6), a recipient may be authorized to move from the jurisdiction where the subsidy is used within the five-year period after the benefit date if, after a public hearing, the grantor approves the recipient's request to move. For the purpose of this paragraph, if the grantor is a state government agency other than the Iron Range Resources and Rehabilitation Board, "jurisdiction" means a city or township. Subd. 4. Wage and job goals. The subsidy agreement, in addition to any other goals, must include: (1) goals for the number of jobs created, which may include separate goals for the number of part-time or full- time jobs, or, in cases where job loss is specific and demonstrable, goals for the number of jobs retained; (2) wage goals for any jobs created or retained; and (3) wage goals for any jobs to be enhanced through increased wages. After a public hearing, if the creation or retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. The goals for the number of jobs to be created or retained must result in job creation or retention by the recipient within the granting jurisdiction overall. In addition to other specific goal time frames, the wage and job goals must contain specific goals to be attained within two years of the benefit date. Subd. 5. Public notice and hearing. (a) Before granting a business subsidy that exceeds $500,000 for a state government grantor and $150,000 for a local government grantor, the grantor must provide public notice and a hearing on the subsidy. A public hearing and notice under this subdivision is not required if a hearing and notice on the subsidy is otherwise required by law. (b) Public notice of a proposed business subsidy under this subdivision by a state government grantor, other than the Iron Range Resources and Rehabilitation Board, must be published in the State Register. Public notice of a proposed business subsidy under this subdivision by a local government grantor or the Iron Range Resources and Rehabilitation Board must be published in a local newspaper of general circulation. The public notice must identify the location at which information about the business subsidy, including a summary of the terms of the subsidy, is available. Published notice should be sufficiently conspicuous in size and placement to distinguish the notice from the surrounding text. The grantor must make the information available in printed paper copies and, if possible, on the Internet. The government agency must provide at least a ten-day notice for the public hearing. (c) The public notice must include the date, time, and place of the hearing. (d) The public hearing by a state government grantor other than the Iron Range Resources and Reha- bilitation Board must be held in St. Paul. (e) If more than one nonstate grantor provides a business subsidy to the same recipient, the nonstate grantors may designate one nonstate grantor to hold a single public hearing regarding the business subsidies provided by all nonstate grantors. For the purposes of this paragraph, "nonstate grantor" includes the iron range resources and rehabilitation board. (f) The public notice of any public meeting about a business subsidy agreement, including those required by this subdivision and by subdivision 4, must include notice that a person with residence in or the owner of taxable property in the granting jurisdiction may file a written complaint with the grantor if the grantor fails to comply with sections 116J.993 to I I6J.995, and that no action may be filed against the grantor for the failure to comply unless a written complaint is filed. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 116J.994 Subd. 6. Failure to meet goals. (a) The subsidy agreement must specify the recipient's obligation if the recipient does not fulfill the agreement. At a minimum, the agreement must require a recipient failing to meet subsidy agreement goals to pay back the assistance plus interest to the grantor or, at the grantor's option, to the account created under section 116J.551 provided that repayment may be prorated to reflect partial fulfillment of goals. The interest rate must be set at no less than the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis of the United States Department of Commerce for the 12-month period ending March 31 of the previous year. The grantor, after a public hearing, may extend for up to one year the period for meeting the wage and job goals under subdivision 4 provided in a subsidy agreement. A grantor may extend the period for meeting other goals under subdivision 3, paragraph (a), clause (3), by documenting in writing the reason for the extension and attaching a copy of the document to its next annual report to the department. (b) A recipient that fails to meet the terms of a subsidy agreement may not receive a business subsidy from any grantor for a period of five years from the date of failure or until a recipient satisfies its repayment obligation under this subdivision, whichever occurs first. (c) Before a grantor signs a business subsidy agreement, the grantor must check with the compilation and summary report required by this section to determine if the recipient is eligible to receive a business subsidy. Subd. 7. Reports by recipients to grantors. (a) A business subsidy grantor must monitor the progress by the recipient in achieving agreement goals. (b) A recipient must provide information regarding goals and results for two years after the benefit date or until the goals are met, whichever is later. If the goals are not met, the recipient must continue to provide information on the subsidy until the subsidy is repaid. The information must be filed on forms developed by the commissioner in cooperation with representatives of local government. Copies of the completed forms must be sent to the local government agency that provided the subsidy or to the commissioner if the grantor is a state agency. If the Iron Range Resources and Rehabilitation Board is the grantor, the copies must be sent to the board. The report must include: (1) the type, public purpose, and amount of subsidies and type of district, if the subsidy is tax increment financing; (2) the hourly wage of each job created with separate bands of wages; (3) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages; (4) the date the job and wage goals will be reached; (5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals; (6) the location of the recipient prior to receiving the business subsidy; (7) the number of employees who ceased to be employed by the recipient when the recipient relocated to become eligible for the business subsidy; (8) why the recipient did not complete the project outlined in the subsidy agreement at their previous location, if the recipient was previously located at another site in Minnesota; (9) the name and address of the parent corporation of the recipient, if any; (10) a list of all financial assistance by all grantors for the project; and Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1161994 MINNESOTA STATUTES 2015 4 (11) other information the commissioner may request. A report must be filed no later than March 1 of each year for the previous year. The local agency and the Iron Range Resources and Rehabilitation Board must forward copies of the reports received by recipients to the commissioner by April 1. (c) Financial assistance that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clauses (4), (5), (8), and (16), is subject to the reporting requirements of this subdivision, except that the report of the recipient must include instead: (1) the type, public purpose, and amount of the financial assistance, and type of district if the assistance is tax increment financing; (2) progress towards meeting goals stated in the assistance agreement and the public purpose of the assistance; (3) if the agreement includes job creation, the hourly wage of each job created with separate bands of wages; (4) if the agreement includes job creation, the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages; (5) the location of the recipient prior to receiving the assistance; and (6) other information the grantor requests. (d) If the recipient does not submit its report, the local government agency must mail the recipient a warning within one week of the required filing date. If, after 14 days of the postmarked date of the warning, the recipient fails to provide a report, the recipient must pay to the grantor a penalty of $100 for each subsequent day until the report is filed. The maximum penalty shall not exceed $1,000. Subd. 8. Reports by grantors. (a) Local government agencies of a local government with a population of more than 2,500 and state government agencies, regardless of whether or not they have awarded any business subsidies, must file a report by April 1 of each year with the commissioner. Local government agencies of a local government with a population of 2,500 or less are exempt from filing this report if they have not awarded a business subsidy in the past five years. The report must include a list of recipients that did not complete the recipient report required under subdivision 7 and a list of recipients that have not met their job and wage goals within two years and the steps being taken to bring them into compliance or to recoup the subsidy. If the commissioner has not received the report by April 1 from an entity required to report, the com- missioner shall issue a warning to the government agency. If the commissioner has still not received the report by June 1 of that same year from an entity required to report, then that government agency may not award any business subsidies until the report has been filed. (b) The report required under paragraph (a) is also required for financial assistance of $25,000 and greater that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clause (1), and of $75,000 and greater that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clause (21). The report for the financial assistance under this paragraph must be completed within one year of the granting of the financial assistance. The report required for financial as- sistance under this paragraph must include: Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 116J.994 (1) the name of the recipient, its organizational structure, its address and contact information, and its industry sector; (2) a description of the amount and use of the financial assistance and the total project budget, including a list of all financial assistance by all grantors for the project and the private sources of financial assistance; (3) the public purpose of the financial assistance, the job goals associated with both the financial as- sistance and the total project in which the financial assistance is included, the hourly wage of each job created, and the cost of health insurance provided by the employer; (4) the date the project will be completed; (5) the name and address of the parent corporation of the recipient, if any; and (6) any other information the commissioner may request. (c) Within one year of completing a report under paragraph (b), the local government agency must report to the commissioner on progress in achieving the purposes and goals under paragraph (b), clause (3). (d) The commissioner of employment and economic development must provide information on reporting requirements to state and local government agencies. Subd. 9. Compilation and summary report. The Department of Employment and Economic De- velopment must publish a compilation and summary of the results of the reports for the previous two calendar years by December 1 of 2004 and every other year thereafter. The reports of the government agencies to the department and the compilation and summary report of the department must be made available to the public. The commissioner must make copies of all business subsidy reports submitted by local and state granting agencies available on the department's Web site by October 1 of the year in which they were submitted. The commissioner must coordinate the production of reports so that useful comparisons across time periods and across grantors can be made. The commissioner may add other information to the report as the commissioner deems necessary to evaluate business subsidies. Among the information in the summary and compilation report, the commissioner must include: (1) total amount of subsidies awarded in each development region of the state; (2) distribution of business subsidy amounts by size of the business subsidy; (3) distribution of business subsidy amounts by time category; (4) distribution of subsidies by type and by public purpose; (5) percent of all business subsidies that reached their goals; (6) percent of business subsidies that did not reach their goals by two years from the benefit date; (7) total dollar amount of business subsidies that did not meet their goals after two years from the benefit date; (8) percent of subsidies that did not meet their goals and that did not receive repayment; (9) list of recipients that have failed to meet the terms of a subsidy agreement in the past five years and have not satisfied their repayment obligations; Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1161994 MINNESOTA STATUTES 2015 6 (10) number of part-time and full-time jobs within separate bands of wages for the entire state and for each development region of the state; (11) benefits paid within separate bands of wages for the entire state and for each development region of the state; and (12) number of employees in the entire state and in each development region of the state who ceased to be employed because their employers relocated to become eligible for a business subsidy. Subd. 10. Compilation. The Department of Employment and Economic Development must publish a compilation of granting agencies' criteria policies adopted in the previous two calendar years by December 1 of 2004 and every other year thereafter. Subd. 11. Enforcement. (a) A person with residence in or an owner of taxable property located in the jurisdiction of the grantor may bring an action for equitable relief arising out of the failure of the grantor to comply with sections 116J.993 to 1161995. The court may award a prevailing party in an action under this subdivision costs and reasonable attorney fees. (b) Prior to bringing an action, the party must file a written complaint with the grantor stating the alleged violation and proposing a remedy. The grantor has up to 30 days to reply to the complaint in writing and may take action to comply with sections 116J.993 to 116J.995. (c) The written complaint under this subdivision for failure to comply with subdivisions 1 to 5, must be filed with the grantor within 180 days after approval of the subsidy agreement under subdivision 3, paragraph (d). An action under this subdivision must be commenced within 30 days following receipt of the grantor's reply, or within 180 days after approval of the subsidy agreement under subdivision 3, paragraph (d), whichever is later. History: 1999 c 243 art 12 s 2; 2000 c 482 s 2-11; 2001 c 7 s 28; 2003 c 128 art 13 s 24-26; ISp2003 c 4 s 1; 2004 c 206 s 24,25; ISp2005 c I art 4 s 23,24; ISp2005 c 3 art 7 s 2-5; 2008 c 366 art 5 s 3-5 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 1161995 116J.995 ECONOMIC GRANTS. An appropriation rider in an appropriation to the Department of Employment and Economic De- velopment that specifies that the appropriation be granted to a particular business or class of businesses must contain a statement of the expected benefits associated with the grant. At a minimum, the statement must include goals for the number of jobs created or enhanced, wages paid, and the tax revenue increases due to the grant. The wage and job goals must contain specific goals to be attained within two years of the benefit date. The statement must specify the recipient's obligation if the recipient does not attain the goals. At a minimum, the statement must require a recipient failing to meet the job and wage goals to pay back the assistance plus interest to the Department of Employment and Economic Development provided that repayment may be prorated to reflect partial fulfillment of goals. The interest rate must be set at no less than the implicit price deflator as defined under section 116J.994, subdivision 6. The legislature, after a public hearing, may extend for up to one year the period for meeting the goals provided in the statement. History: 1999 c 243 art 12 s 3; 2000 c 482 s 12; 2001 c 7 s 29; 2003 c 128 art 13 s 27; 1 Sp2003 c 4 s I Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGENDA ITEM 3C STAFF ORIGINATOR: Michael Grochala EDAC MEETING DATE: June 02, 2016 REQUEST: Clearwater Creek Business Park- United Properties Distribution Center BACKGROUND United Properties has submitted a request for rezoning to Planned Unit Development, Development Stage Plan Approval and Preliminary Plat approval for the 56 acre Clearwater Creek Business Park. The proposed plat includes one 30-acre lot for a proposed distribution center and two outlots for future development. The Planning and Zoning board will be holding a public hearing for the proposal on June 8, 2016. Staff has been working with United Properties regarding construction of a warehousing/distribution facility along 35E for the past six months. This has been previously discussed with both EDAC and the Planning & Zoning board due to both its economic development potential and zoning related site issues. Based on revisions to the site plan the proposed distribution facility is approximately 402,552 square feet in area. The applicant is proposing to pursue a rezoning to Planned Unit Development to allow for design flexibility related to the proposed storage of semi -trailers on the site. By rotating the building (dock doors facing north/south) a number of zoning issues have been addressed. Development of the site will require the extension of 2 1 " Avenue, from Commerce Avenue to approximately 2,100 feet south. Extension of the street includes the crossing of Clearwater Creek and filling and mitigation of floodplain areas adjacent to the creek. 21" Avenue is planned to be extended to Cedar Street, further to the south, in the Comprehensive Plan. The project proposes to dedicate right of way for the entire length of the roadway. The proposed project is valued at approximately $18,000,000. Due to costs associated with the street extension, floodplain mitigation and necessary soil corrections, the developer is requesting public assistance in the form of Tax Increment Financing (TIF). Staff is currently reviewing the application and possible establishment of an Economic Development District. An Economic Development District could provide for up to nine years of increment. A review and recommendation regarding Tax Increment Financing will be brought to the committee for review in July. EDAC CONSIDERATION Staff is requesting EDAC comments regarding the proposed development. ATTACHMENTS 1. Project Area Map 2. Distribution Facility Site Plan 3. Exterior Building Rendering C EARWAT R CREEK BUSINESS CENTER SHEET INDEX DRAWN BY: DESIGN BY: A.G. A.G. CHCKD BY: PROD. NO. C.W.P. 16-1604 TITLE SHEET, NOTES & LEGEND LINO LAKES, IVIN Know what's below. Cal before you dig. LEGEND pw EXISTING OVERHEAD ELECTRIC --E EXISTING UNDERGROUND ELECTRIC a a EXISTING UNDERGROUND TELEPHONE EXISTING UNDERGROUND CABLE °TCS EXISTING TRAFFIC CONTROL SIGN GP EXISTING GUARD POST 0 MBA EXISTING MAIL BOX EICBX EXISTING CONTROL BOX O PP EXISTING UTILITY POLE ;o LP EXISTING LIGHT POLE EXISTING STORM SEWER --- EXISTING WATER MAIN — — EXISTING SANITARY SEWER Q EXISTING STORM MANHOLE g EXISTING GATE VALVE EXISTING HYDRANT • EXISTING SANITARY SEWER MANHOLE —930 —92828 ----- EXISTING CONTOUR xg20gg EXISTING SPOT ELEVATION —•—•—•—•— EXISTING FENCE o- ——••—••— — -0 DELINEATED WETLAND EDGE 5L OIVc'P".(dM-40JhOYAiA OO V50W \�O1.9Z OV U MAVArM KYOVtr' PROPOSED WATER PIPE PROPOSED SANITARY SEWER PIPE �> PROPOSED STORM SEWER PIPE PROPOSED DRAINTILE AND CLEAN —OUT OD PROPOSED STORM MANHOLE ❑ PROPOSED CATCH BASIN 0 PROPOSED FLARED —END SECTION AV PROPOSED GATE VALVE PROPOSED HYDRANT QS PROPOSED SANITARY SEWER MANHOLE 928 PROPOSED CONTOUR 930 X24.60 PROPOSED SPOT ELEVATION (GUTTERLINE, BITUMINOUS SURFACE, OR GROUND SURFACE UNLESS OTHERWISE INDICATED) PROPOSED SILT FENCE PROPOSED DIRECTION OF DRAINAGE PROPOSED RIP —RAP PROPOSED INLET PROTECTION El PROPOSED WETLAND BUFFER SIGNAGE .._._._._......� 1! N Oryy��N f� l p .•' No 5'�': ........................... PRODUCTION OFFICE­,,MECH ROOM o SHIPPING OFFICE LL PROPOSED BUILDING FIRST FLOOR ELEVATION 912.00 PROPOSED BUILDING 402,552 S.F. l 14+00 15+00 1 CO TITLE SHEET, NOTES & LEGEND C1.1 GRADING, DRAINAGE & EROSION CONTROL PLAN C1.2 GRADING, DRAINAGE & EROSION CONTROL PLAN C2.1 UTILITY PLAN C2.2 UTILITY PLAN C3.1 PLAN PROFILE - 21 STAVE S C3.2 PLAN PROFILE - 21 STAVE S DETAILS DETAILS STORMWATER POLLUTION PREVENTION PLAN STORMWATER POLLUTION PREVENTION PLAN VICINITY MAP ---------- --ram-\�--�---- N Xn r- rL_ r- L_ E - L_ O r- L O � r- L_ � r- � r- L_ TRASH EMPLOYEE ENTRY - J - �j z \. MONUMENT SIGN r 3 18+ 19+00 20+00 21+ 0 22 00 00 24+ 25- 1 i £ "ON ONtll13M 53/1N3dONd N138N3U "d3NM0 _711.171N30 10 10 �"U3NM0 Z t/ � MS ]]Hi AO t/ MS w SllVll Vo m ORIGINAL DATE: MAY 16, 2016 Z O H a_ V N W 0 Z O N W m W Q cc W z�JDy Z p p ¢ w g}aWz a�gz- =WaZLL �G�-w0 QZ�aF a ~OZON �ZLU LL 00com0 }W>aN CaaW� a (n LU aNWI U J W � W W V W zLLI Q (l) W N J V z cl) m 0 Z J I I4 W I Y � JQ� oO� O I 11 / ry12 S• / I � 53 � Z W W J H W N LU H PREPARED FOR: UNITED PROPERTIES SITE PLANNING & ENGINEERING Z J PLOWE ENGINEERING, INC. 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 O :W/ Z 4 0 60 120 SCALE: 1" = 120' CO Filename: CLEARWA J`S7 I— — — — FUTURE EXTENSION`` FROM CUL—DE—SAC D (N s � n D OZ I NORTH z z m m Z a m A O D O Of) m Omr DO ODD 9m � m Ay nN K_ z op O m m rn A a vl � ZA A O n Z � 5+ N � c z m A 9 N m00 D COO - J A Z � 02D N goD O . D mn D D rl y D • N r M o �Zm O �A i OyU Nyy _A T N>ao ADII mr tNp r z w D oto N D A om A n N DO OC M D no n N O O z � c 0 N A ' O 9 --j m 0 C c mC A p m D m Z X (n � � m m z m N m 0 Z U O Z 0 z C) " I "III m� IQ' i .I I I y J . , 241 24' 2' o ------- ow r---------- o+ w 20• 40' I I I I 1 i II i m N 11 mil zl z �I LJLJ LJLJ I m zz1 m ry z I om oD �l v � ' II I I I I I - / B S ILDING TRACK - µ - o \• 1 om z nlA z ,5' PARKI o" I 4G - -I _• SETBACK 83'r0" — — — 750'-0" 1 \�" 01 a % \ -� o�\ ;Xo. \ S F Rp \ 4 \ . `92 c�' a00 Ln 0, \ �(` yN2 Ln OJ ` O FJj��CJJ \ \\\W `\ �O AOo N A OD\` O N W OD \ \ \\ \N O W 00 ��. FUTURE ACCESS ROAD I• o \` \gym ----------------------------- - ------------------------------------------------------------------- 37 PROOF OF TRAILER STORAGE 00 I\ 1n 0 o I 20 DOCKS-----i i I � CO p LAo Jo I I l I Z N I_ II m OJ 1 I I J CI C4 1 m LJLJ JLJ JLJ LJLJ LJLJ LJLJ LJLJ LJLJ 60' SPEED BA I 1 z I I I I I I I I -p'. 0 I 0 0 — I DN — 1 9 Z I I I I I I o c A l NW to O ° I� O > A p Z XI czi I; I0 z o l C) 0 15 P 0" KING — I ? i i A o SE BACK —`,i — B IL� G of S TBj K• > �zc�ill A OC A A zm _ I_ _ _I I_ - O- ozmZ A 60' SPEED BA ;l mz 1 1 A r� rrr� r�rrrr r�r�r� r—r,rr I—'] --L— r 7-7 I p O of m o �1 W . m 40' 25' CCD l l 241 n!l 4' 20•" C N O • A p GATE L V L---------------------- � PROPOSED PROPERTY'ULINENE A 0 I 30 DOCKS m m n o A A � O <D O .0 z A i � 4d 45 TRAILERS G D7 A No y l o SHARED ACCESS ROAD J :JN / - J / Cli rri / // / Z 20TH AVE N z !y `r0• // / .10 9`rF ��; lZo / J A — — — — 21ST AVE N INTERSTATE 35E Am z S8 939.41 � 1 S 3 M 1 3 3 21 1 S d d 3 U 3 p \\ A m m o z ? v ee n. �° CLEARWATER CREEK Um�m 3�n=ma -w_ o"O1 rr�9 D ommm^mom -Tyo D ate' °°�3 A; T z N m W K o 3o w� ,�goa� ®mO C) w m K m BUSINESS PARK o �m �_ �'' _;�' �NN> =; ril<A = o_ Z c== ��o_� z o a; z 3 N Lino Lakes, Minnesota �� mm T i Z - =■lid In 1 d 1 W H 0 , a V Z O Q\ W J W ce Z W