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HomeMy WebLinkAbout12/07/2017 EDAC PacketCITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING Thursday, December 7, 2017 8:00 A.M. Community Room AGENDA CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES. November 2, 2017 3. DISCUSSION ITEMS A. Lino Lakes Tax Increment and Abatement Financial Incentives Policy (Cont.) B. Comprehensive Plan Update C. Project Updates 4. ADJOURN CITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE: November 02, 2017 MEMBERS PRESENT: Thomas Colgan, Jim Schueller, Nathan Vojtech, Julie Schwartz, Chad Wagner, Don Johnson, Lou Masonick, Michael Ruhland, Patrick Kohler MEMBERS ABSENT: None OTHERS PRESENT: Michael Grochala, Kirsten Barsness, Joe Widing APPROVAL OF MINUTES It was moved by Mr. Schuller to approve the minutes from October 05, 2017. The motion was seconded by Mr. Masonick and passed unanimously. DISCUSSION ITEMS A. Lino Lakes Tax Increment and Abatement Financial Incentives Policy (Cont.) The discussion continued on policy in relation to tax abatement. Ms. Barsness began the discussion with Section IV. Policies. Committee members expressed concern that considering upfront financing on a case by case basis could be seen as arbitrary and capricious. Mr. Grochala explained that most upfront financing requests related to construction of public improvements. The Council would need to weigh these independently. Ms. Barsness stated that the amount for private equity in a project is required to be 20% for abatement or TIF. Committee members asked if the 20% was a hard line or flexible, but agreed that 20% is a good number. The Committee members discussed the provision regarding property price in excess of market value. There was agreement that public assistance should not be used to cover an inflated land price. However, Mr. Grochala noted that there may be projects where the land selling price is not supported by market value, which is often the case with redevelopment. Many times an existing building holds value for the current owner but not for the redevelopment purposes. The committee agreed to remove the language. Ms. Barsness questioned the language in relation to extraordinary environmental impacts from projects receiving public financing. Mr. Grochala stated that he would like to remove that language stating that it is unnessary and difficult to define "extraordinary". Most large projects are subject to environmental review. Committee members asked if language in the policy was negotiable or firm. Ms. Barsness replied that everything is a negotiation, but the language gives the city the ability to negotiate from a better position. Mr. Grochala stated that generically there is a base of items required for each project and is going to be required whether the project was requesting funds or not. Discussion moved on to Section V. Project Qualifications. Ms. Barsness asked if the city wants to limit what projects could be used for. Mr. Grochala explained that both TIF and Abatement required a public purpose and had fairly specific use requirements in place. The Committee recommended that the language be removed from the policy. Ms. Barsness asked if language about the requirements of a project should remain as is. Mr. Grochala stated he would like to add a clause about public improvement to the policy. Mr. Grochala stated that the language should be changed from "will not" to "should not" on exceeding the 16% limit on TIF for the value of projects. B. Hodgson Road & County Road J Concept Plan Mr. Grochala presented the background and the staff report for the conceptual development plan for the Morris property north of the intersection. He laid out the guidelines for what the city is looking for on the site as envisioned in the master plan. He presented the concept plan and asked the committee for feedback on it. The Committee thought that the site plan looks ok overall, and that a restaurant would be a good use for corner commercial, but had worries about the effect of adjacent land uses for future commercial on the site. The Committee asked if the intersection on J would be right in right out. Mr. Grochala responded that it is. He also stated that the intersection is at capacity and the city would have to make improvements on its own in relation to new development. The committee asked if the Morris property would spur the development 49 club parcel. Mr. Grochala stated that it is a possibility as the improvements go in for any new development north. The committee stated that the city's dreams of large scale commercial are not likely and that the residential might just be the way to go as the site has been sitting for over a decade as is. Mr. Grochala agreed and stated that the commercial in the concept plan is likely to be all of the commercial that can be supported on the site. The committee stated that across the street is the best opportunity for larger scale commercial as the current uses are a detriment to development and are zoned for such as well. Mr. Grochala stated that the proposed project could be worth as much as $50 million. The committee agreed that now is the best time for housing construction as the market is favorable. The committee recommends that the City allow the concept to move forward. C. Project Updates There were no project updates for the committee. ADJOURNMENT The meeting was adjourned at 9:31 AM. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGENDA ITEM 3A STAFF ORIGINATOR: Michael Grochala EDAC MEETING DATE: December 7, 2017 REQUEST: Incentive Policy Update BACKGROUND Over the past two months the board has been discussing modifications to the City's Tax Abatement and Tax Increment Financing policies. The two documents have been merged and updated. A revised document is attached along with a draft application and project scoring sheet. These documents will need to be updated once the policy is completed. EDAC CONSIDERATION Staff is requesting EDAC discussion and recommendation regarding the proposed policy changes. ATTACHMENTS 1. Draft Financial Incentive Policy Financial Assistance Policy for Tax Increment Financing &Z, Tax Abatement City of Lino Lakes December 2017 City of Lino Lakes, Minnesota I. POLICY PURPOSE The purpose of this policy is to establish the City of Lino Lakes' position relating to the use of Tax Abatem inancial assistance programs, for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax increment financing or tax abatement assistance. The fundamental purpose of Tov nho+omon+financial assistance programs in the City of Lino Lakes is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided_ through Tax nbatemeRt The City of Lino Lakes is granted the power to utilize Tax Increment Financing and Tax Abatement by the Minnesota Tax b eRt AGt, as aR;eRdedStatute. It is the intent of the City to provide the minimum amount of Tax A#ateici%-i4Rfinancial assistance, as well as other incentives, at the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on city services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of Tax "ha+;tfinancial assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. II. DIFFERENCE BETWEEN TAX ABATEMENT & TAX INCREMENT FINANCING The primary difference between Tax Abatement and Tax Increment Financing (TIF) is the way in which the dollars are awarded to the project. When TIF is awarded to a project by the city, the other political subdivisions (the school district and the county) are required to contribute their portion of the increased taxes to the project. Conversely, when Tax Abatement is requested, each political subdivision has the option of granting its portion of the increased taxes to the project. Subsequently, the dollars generated for the project with Tax Abatement are generally less than the dollars generated with TIF. III. OBJECTIVES OF TAX ABATEMENTFINAN4GALFINANCIAL ASSISfTANCE As a matter of adopted policy, the City will consider using Tax Increment or Tax Abatement to assist private development projects to achieve one or more of the following objectives: • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. Financial Assistance Policy Page 1 City of Lino Lakes, Minnesota • To enhance and diversify the City of Lino Lakes' economic base. To enGO irage additional i msi bsidized private development Oho ' h Aire y o�•rr Y thi OUgh "SPOn off' �a�,�,�a�ea either ee n,--�r- deyelonment • To facilitate the development process and to achieve development on sites which would not be developed without Tax Abatemen+financial assistance. • To remove blight and/or encourage redevelopment of commercial and industrial areas in the city that result in high -quality redevelopment and private reinvestment. • To offset increased costs of redevelopment (i.e., contaminated site clean up) over and above the costs normally incurred in development. • To create opportunities for life cycle affordable housing • To contribute to the implementation of other public policies, as adopted by the city from time to time, such as the promotion of quality urban or architectural design, energy conservation, and decreasing capital and/or operating costs of local government. IV. POLICIES FOR THE USE OF TAX BATEMENTFINANCIAL ASSISTANCE a. Tax Increment or Tax Abatement assistance will be provided to the developer upon receipt of taxes by the City, otherwise referred to as the pay-as-you-go method. Requests for up -front financing will be considered on a case -by -case basis, for project related public improvements. b. Any developer receiving Tax Abaternen+financial assistance shall provide a minimum of twenty percent (20%) cash equity investment in the project. G. Abatement Will net he i is��r�Gi i��mstLaRGees where land and/or property nriGe is in exGess of fair market value. d.c. Developer shall be able to demonstrate a market demand for a proposed project. e Tax Abatement may net he utilized in Gases where it wei ld ^vrreate an u�iffaa'iand --SiggnifiGa t GGIITIp titi.�nuRGial advantage ever ether nreieets anther existing businesses in the area f Tax Abatement Fray Ret be used fe�ejcGtS that would p llaGe extFaeFdonaFy rdemandsGrG%seFYTGes eFfe nreiecsat would generate sign,ifi eantepyirenmental mod. The developer must provide adequate financial guarantees to ensure completion of the project, including, but not Financial Assistance Policy Page 2 City of Lino Lakes, Minnesota limited to: assessment agreements, letters of credit, personal guaranties, etcetera. Ise. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. �J. For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. V. PROJECT QUALIFICATIONS All Tax Increment or Tax Abatement projects considered by the City of Lino Lakes must meet each of the following requirements: a. The project shall meet at least one of the objectives set forth in section IV of this document. Eb. The developer shall demonstrate that the project is not financially feasible but -for the use of Tax Abatement. d-c. The project shall comply with all provisions set forth in the state's Tax Increment Law, statutes 469.174 to 469.1794, as amended or the Tax Abatement Law, statutes 469.1812 to 469.1815, as amended. mod. The project must be consistent with the City's Comprehensive Plan, Land Use Plan, and Zoning Ordinances. Vie. The project shall serve at least two of the following public purposes: • Job creation. • Increase tax base. • Enhancement or diversification of the city's economic base. • Development or redevelopment that will spur additional private investment in the area. • Fulfillment of defined city objectives, such as those identified in the Comprehensive Plan. • Removal of blight or the rehabilitation of a high profile or priority site. Financial Assistance Policy Page 3 City of Lino Lakes, Minnesota Construction of public improvements that benefit the City of Lino Lakes, its residents and businesses. • Financial commitments should not exceed 16% of the estimated market value of the Droiect VI. SUBSIDY AGREEMENT & REPORTING REQUIREMENTS All developers/businesses receiving Tax AbateMeRtinancial assistance in the form of Tax Increment or Tax Abatement ass'sce from the City of Lino Lakes shall be subject to the provisions and requirements set forth by state statute 116J.993 and summarized below. All developers/businesses receiving Tax ^"a+;tfinancial assistance shall enter into a subsidy agreement with the City of Lino Lakes that identifies: the reason for the subsidy, the public purpose served by the subsidy, and the goals for the subsidy, as well as other criteria set forth by statute 116J.993. The developer/business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and performance agreement have been met, whichever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Lino Lakes no later than March 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the city within 30 days of meeting the requirements. The developer/business owner shall maintain and operate its facility at the site where Tax Increment or Tax Abatement assistance is used for a period of five years after the benefit is received. In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the borrower shall achieve at least one of the objectives set forth in Section III of this document. Developers/Businesses failing to comply with the above provisions will be subject to fines, repayment requirements, and be deemed ineligible by the State to receive any loans or grants from public entities for a period of five years. VII. APPLICATION PROCESS FOR TAX ABATEMENT A. City of Lino Lakes Applicant submits the completed application and completes the Application Review Worksheet. Financial Assistance Policy Page 4 City of Lino Lakes, Minnesota 2. City staff reviews the application and completes the Application Review Worksheet. 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, all necessary notices, resolutions and certificates are prepared by City staff and/or consultants. 5. Public hearing(s) on the proposed project are held. 6. The EDA or HRA recommends approval or denial of the proposal to the City Council. 7. The City Council grants final approval or denial of the proposal. B. Applications to other political subdivisions It is recommended that applicants intending to seek Tax Abatement from the affected County or School District make their applications to those bodies concurrent with their application to the City of Lino Lakes. Financial Assistance Policy Page 5 City of Lino Lakes, Minnesota Vill. APPLICATION FOR FINANCIAL ASSISTANCETAv AQATCMCAIT A. Applicant Information Name of Corporation/Partnership Address Primary Contact Address Phone Fax Email On a separate sheet, please provide the following: • Brief description of the corporation/partnership's business, including history, principal product or service, etc... Attach as Exhibit A. • Brief description of the proposed project. Attach as Exhibit B. • List names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership. Attach as Exhibit C. • A but -for analysis and narrative. Attach as Exhibit D. Attorney Name Address Phone Accountant Name Address Phone Contractor Name Address Phone Engineer Name Address Phone Architect Name Address Phone Fax Fax Fax Fax Fax Email Email Email Email Email Financial Assistance Application Page 6 City of Lino Lakes, Minnesota B. PROJECT INFORMATION 1. The project will be: Industrial: New Construction Expansion Redevelopment/Rehab Office/research facility that conforms to business park standards Commercial Redevelopment/Rehabilitation Other 2. In addition to the City of , applicant is requesting Tax Abatement funds from: Xxxxxx Anoka County School District xxx 3. The project will be: Owner Occupied Leased Space • If leased space, please attach a list of names and addresses of future lessees and indicate the status of commitments or lease agreements. Attach as Exhibit E. 4. Project Address • Include Legal Description and PID number. Attach as Exhibit F. 5. Site Plan Attached: Yes 6. Total Amount of Tax Abatement $ Requested: City Portion of Tax Annual $ Abatement: County Portion of Tax Annual $ Abatement ISD xxx Portion of Tax Annual $ Abatement: 7. Current Real Estate Taxes on Project Site: Estimated Real Estate Taxes Upon Completion 8. Construction Start Date: Construction Completion Date: If Phased Project: Year Year No over years. Total $ Total $ Total $ Phase 1 $ Phase II $ • • Completed Completed Financial Assistance Application Page 7 City of Lino Lakes, Minnesota C. PUBLIC PURPOSE It is the policy of the City of Lino Lakes that the use of Tax Abatement should result in a benefit to the public. Please indicate how this project will serve a public purpose. Job Creation: Number of existing jobs Number of jobs created by project Average hourly wage of jobs created New Industrial development which will result in additional private investment in the area Enhancement and/or diversification of the city's economic base The project contributes to the fulfillment of the City's Strategic Plan for Economic Development Removal of blight Rehabilitation of a high profile or priority site Other: SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Equity $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Abatement $ ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ TOTAL $ Financial Assistance Application Page 8 City of Lino Lakes, Minnesota E. ADDITIONAL DOCUMENTATION AND CHECKLIST Applicants will also be required to provide the following documentation. A) Written business plan, including a description of the business, ownership/management, date established, products and services, and future plans B) Financial Statements for Past Two Years Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date D) Two Year Financial Projections F) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration G) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in the Project H) Application fee of $5000 (to be returned upon project completion.) J) Attach the following documentation as Exhibits Exhibit A — Corporation/Partnership Description Exhibit B — Description of Project Exhibit C — List of Shareholders/Partners Exhibit D — But -For Analysis Exhibit E — List of Prospective Lessees Exhibit F — Legal Description Note: All Major shareholders will be required to sign personal guarantees if up -front financing of the project is required. The undersigned certifies that all information provided in this application is true and correct to the best of the undersigned's knowledge. The undersigned authorizes the City of Lino Lakes to check credit references, verify financial and other information, and share this information with other political subdivisions as needed. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name By Its Date Financial Assistance Application Page 9 City of Lino Lakes, Minnesota TAX ABATEMENT PROPOSAL REVIEW WORKSHEET TO BE COMPLETED BY CITY STAFF 1. The project meets the criteria set forth in Section V of the Tax Abatement policy. a) Meets at least one of the objectives in Section 111. b) Demonstrates need for Tax Abatement with the but -for analysis c) Consistent with all city plans and ordinances d) Serves at least two public purposes as defined in Section V 2. Ratio of Private to Public Investment in Project: Points: $ Private Investment 5:1 5 $ Public Investment 4:1 4 Ratio Private : Public Financing 3:1 3 2:1 2 Less than 2:1 1 3. Job Creation in the City of Points: Private Investment 25+ 5 Public Investment 20+ 4 Total 15+ 3 10+ 2 Less than 10 1 4. Ratio Of Tax ABATEMENT To New Jobs Created: Points: $ Tax Abatement request $8,000 or less 5 Number of newjobs created $10,000 or less 4 $ of Tax Abatement per new job created $12,000 or less 3 $15,000 or less 2 Over $15,000 1 5. Wage Level of jobs created: Points: Average hourly wage Over $21/hour 5 of jobs created $18-21/hour 4 $14-17/hour 3 $10-13/hour 2 Under $10/hour 1 6. Project size: Points: The project will result in the construction 40,000+ 5 of square feet 30,000+ 4 20,000+ 3 10,000+ 2 10,000 or less 1 7. Type of Project: Points: 100% Owner Occupied 5 Mix Owner Occupied & Investment 4 Investment Property 3 Financial Assistance Application Page 10 City of Lino Lakes, Minnesota 8. Use: Industrial or Business Park Project Commercial Rehabilitation/Redevelopment Points: 5 4 9. The project will pay annual property taxes Points: in the first fully assessed year of 35,000+ 5 25,000+ 4 15,000+ 3 10,000+ 2 Under $10,000 1 10. Likelihood that the project will result in Points: unsubsidized, spin-off development High 5 Moderate 3 Low 1 Sub -Total Points of a possible 45 points. 11. Bonus Points Bonus Points: The project will be 100% pay-as-you-go Tax 3 points Abatement The project contributes to the goals of ..... 2 points • Product promotes sensible use of energy, OR • Project utilizes significant energy efficient design and/or materials in construction Total Points: Overall project analysis High Moderate Low Not Eligible 45-38 points 37-29 points 28-20 points 19-0 points Financial Assistance Application Page 11 City of Lino Lakes, Minnesota EXHIBIT A Description of the corporation or partnership EXHIBIT B Description of the proposed project EXHIBIT C Names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership EXHIBIT D But -for analysis EXHIBIT E Prospective Lessees EXHIBIT F Legal Description and PID number Financial Assistance Application Page 12 City of Lino Lakes, Minnesota XI. SAMPLE BUT -FOR ANALYSIS WITH NO TAX ABATEMENT WITH TAX ABATEMENT SOURCES AND USES SOURCES AND USES SOURCES SOURCES 9,600,000 8,667,000 Mortgage Equity 2,400,000 2,400,000 Tax Abatement 0 0 TOTAL SOURCES 12,000,000 12,000,000 USES USES 1,500,000 1,500,000 Land Site Work 300,000 300,000 Soil Correction 468,000 468,000 Demolition 100,000 100,000 Relocation 65,000 65,000 Subtotal Land Costs 2,433,000 2,433,000 Construction 6,750,000 6,750,000 Finish Manufacturing 250,000 250,000 Subtotal Construction Costs 7,000,000 7,000,000 Soft Costs 350,000 350,000 Taxes 35,000 35,000 Finance Fees 850,000 850,000 Project Manager 542,000 542,000 Developer Fee 540,000 540,000 Contingency 250,000 250,000 Subtotal Soft Costs 2,567,000 2,567,000 TOTAL USES 12,000,000 12,000,000 Income Statement Income Statement Sq. Ft. Per Sq. Sq. Ft. Per Sq. Ft. Ft. Rent -Space 1 100,000 $8.00 800,000 100,000 $8.00 800,000 Rent -Space 2 25,000 $8.50 212,500 25,000 $8.50 212,500 Rent -Space 3 25,000 $9.00 225,000 25,000 $9.00 225,000 Other 0 $0.00 0 0 $0.00 0 1,237,500 1,237,500 Mortgage 20 Term 1,051,646 20 Term 1,051,646 9.00% Interest 9.00% Interest 9,600,000 Principal 9,600,000 Principal Net Income 185,854 185,854 7.74% 7.74% Total Return on Equity Financial Assistance Application Page 13