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HomeMy WebLinkAboutResolution 00-EDA128 . . . RESOLUTION NO. OO-EDA-128 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING TAX INCREMENT FINANCE POLICY WHEREAS, Pursuant to Minnesota Statues, Sections 469.124 to 469.134 and 469.090 to 469.108 (collectively, the "Act") the City of Mounds View can utilize tax increment financing for economic development and redevelopment purposes; and WHEREAS, Pursuant to and in furtherance of the objectives of the Act, the Authority has undertaken a program to promote development and redevelopment of certain land within the City of Mounds View and in connection is engaged in carrying out the Mounds View Economic Development Project (the Project) within the City. WHEREAS, the Mounds View Economic Development Authority has determined that it is necessary and appropriate to adopt a policy governing the use of tax increment finance in accordance with the Act; and, NOW, THEREFORE, BE IT RESOLVED, by the Mound View Economic Development Authority, Mounds View Minnesota, that the tax increment finance policy, contained in Exhibit A of this resolution is hereby approved, ratified, established, and adopted and shall be placed on file at City Hall. The motion for adoption of the foregoing resolution was introduced by Commissioner Quick seconded by Commissioner Marty, and upon a vote being taken thereon, the following voted in favor thereof: Commissioners Coughlin, Marty, and Quick (Commissioner Stigney Dissenting) ATTEST: (SEAL) N:\Di\ TA \GROUPS\ECONDEV\EDA \Resolutions\Res OO\ResOO-128.doc . . . Exhibit A City of Mounds View Economic Development Authority Tax Increment Financing Policy & Application Adopted: 5/12/97 Revised: June 12, 2000 N:\DA TA \GROUPS\ECONDEV\TIF\TIF Policy Updated 6- I 2-00,doc Table of Contents . I. General Policy 3 II. Projects Eligible for Tax Increment Financing 3 III. Costs Eligible for Tax Increment Financing 3 IV. Determination of the Amount of Assistance to the Applicant 4 V. Type of Assistance 4 VI. Establishing a Tax Increment Finance District 5 VII. Administration, Pooled Funds, and Parcel Decertification 5 VIII. Application Process 6 IX. Attachment A: Application for Tax Increment Finance 7 X. Attachment B: Deposit Agreement 11 XI. Attachment C: Application Proposal Review Worksheet 14 XII. Sample But-For Analysis 16 . . 2 . . . I. GENERAL POLICY: The Mounds View Economic Development Authority has the powers under the Minnesota Statute Sections 469.124 through 469.137 and sections 469.001 through 469.047 to govern and monitor the use of tax increment financing for Mounds View's tax increment districts and the Mounds View development district which encompasses the entire boundaries of the City of Mounds View. It is the responsibility of the Mounds View Economic Development Authority to use tax increment financing as a tool to accomplish the City's economic development and redevelopment goals and objectives. The Mounds View Economic Development Authority understands and abides by the fundamental principal which makes tax increment financing viable to encourage development and redevelopment which would otherwise not occur. The Mounds View Economic Development Authority shall consider tax increment financing in cases that serve to accomplish the City's development goals and activities as hereby defined in projects eligible for tax increment financing. II. PROJECTS ELIGIBLE FOR TAX INCREMENT FINANCING: Projects eligible for consideration of Tax Increment Financing assistance per the Mounds View Development Project Plan dated May 9, 1994 include, but are not limited to (1) the attraction, retention, rehabilitation and preservation of commercial, industrial, retail, residential, recreational and public service facilities; (2) new and rehabilitated public infrastructure; (3) community and other public service centers; (4) senior/mature adult and/or other housing development partnerships or other multi-use housings projects and facilities; (5) other public utilities (including telecommunications); (6) business incubator loan and other business programs; and (7) transportation systems. More emphasis will be placed on those items which increase the tax base, eliminate blight, and the meet the City's economic and redevelopment qoals. III. COSTS ELIGIBLE FOR TAX INCREMENT FINANCING: Project costs qualifying for Tax Increment Financing assistance, as defined under the TIF Act, include utilities design, architectural and engineering fees directly attributable to site work, site related permits, earthwork/excavation, soils correction, landscaping, utilities (sanitary sewer, storm sewer, and water), streets and roads, street/parking lot paving, street/parking lot lights, curb and gutter, sidewalks, land acquisition, special assessment, legal (relating to acquisition, financing, and closing fees), soils tests and environmental studies, surveys, park dedication fee, SAC, WAC, charges, titles insurance and TIF application deposit. IV. DETERMINATION OF AMOUNT OF ASSISTANCE TO APPLICANT: Within TIF Districts The amount of Tax Increment Financing provided to an applicant will be based, in part, on the analysis of information provided on the application for Tax Increment Financing assistance (Attachment "A"), amount of increment generated by the project as evaluated by the City's Financial and/or Bond Counsel and the City's economic and redevelopment goals. The level of assistance provided will be evaluated on a case by case basis and may reflect an increase or decrease in assistance dependent upon the level of increase in the tax base, amount of elimination of blight and/or a number of variables that may substantiate the need for assistance. An adjustment in the amount of assistance that can be provided is at the sole discretion of the Board of the Economic Development Authority as long as the requested uses are legal under the Minnesota State Statutes for the use of tax increment financing. Within the Development District (herein referred to as the "City" limits) but outside of TIF Districts The evaluation of Tax Increment Financing assistance that could be provided to an applicant will be based on (A) the analysis of information provided on the application for Tax Increment Finance assistance (Attachment "A"), (B) square footage cost of the project, (C) balance available in the Economic Development Authority excess tax increment fund and (D) proof of need for assistance under the "but for" test for use of tax increment financing. See Attachment D for a sample "but for" analysis. ., -' . . . v. TYPES OF ASSISTANCE: Within TIF Districts Tax Increment Financing can be provided in either "pay as you go" or "up front" payments. "Pay as you go" is wherein the Mounds View Economic Development Authority compensates the applicant an amount equal to a predetermined percentage of the actual increment produced by the project for a predetermined number of years. The applicant pays for the (re)development up front and then annual payments are issued to the applicant based on the need for assistance and increment generated from the project. "Up front" payments is wherein the Mounds View Economic Development Authority must issue revenue or general obligation bonds to pay for the (re)development prior to the completion of the project. The increment from the project is then used for repayment of the bonds. The Mounds View Economic Development Authority gives preference to the use of "pay as you go" assistance to finance private development projects due to the reduced risk to the community. The EDA will consider "up front" payment projects that would benefit the entire community and are not possible to be funded under a "pay as you go" basis. Within the City but outside of TIF Districts Financing from the dedicated tax increment fund can be provided in annual installments to the applicant based on the positive cash flow balance in the Economic Development Authority's dedicated tax increment fund and need for assistance based on analysis of the "but for" test for the project. The dedicated tax increment fund includes a value based on the use and is adjusted along with the budget process and goals and objectives for economic and redevelopment on an annual basis. VI. ESTABLISHING A TAX INCREMENT FINANCE DISTRICT: New tax increment finance districts in the City of Mounds View will be established in accordance with applicable Minnesota State Statutes, the Tax Increment Finance Plan, and the Development District Plan. VII. ADMINISTRATION. POOLED FUNDS & PARCEL DECERTIFICATION: Administration Tax Increment Finance districts will be administered in accordance with applicable Minnesota State Statutes, the Tax Increment Finance Plan, and the Development District Plan. Pooled Funds Pooled funds are available when the current years increment exceeds existing obligations. In the past, funds have been allocated for low interest improvement loans, housing replacement, and Highway 10 redevelopment. The Mounds View Economic Development Authority will address the future use of pooled funds in the following manner: (1) view tax increment as a means secondary to programmatic objectives; (2) allocate all available pooled increment; and (3) the Economic Development Commission and Economic Development Authority decides on future development needs and uses TIF and/or other means to accomplish those ends. (4) in the event that the Economic Development Authority determines pooled increment should be returned to the respective taxing jurisdictions, the Economic Development Commission will evaluate the potential action and make a recommendation to the Economic Development Authority. To more effectively utilize pooled increment, the Economic Development Commission will recommend funding priorities to the Economic Development Authority. This will be done in conjunction with the annual budgetary process. At this time, potential parcels for decertification will also be examined Requests made for the use of pooled funds by a business or developer outside established TIF districts are discussed in sections IV and V. Parcel Decertification Parcels in Mounds View's Tax Increment Finance districts will be decertified as required by and in accordance with applicable Minnesota State Statutes, the Development District Plan, and the TIF Plans as 4 . . . amended. In the event that the Economic Development Authority desires to return pooled increment to the respective taxing jurisdictions, the following guidelines will be observed: (1) reserves should be greater than or equal to next years projected increment; and (2) prior to disbursing pooled funds to the respective taxing jurisdictions, the Economic Development Authority will consider future projects and community needs. (3) in the event that parcels are going to be decertified, the Economic Development Commission will evaluate the potential action and make a recommendation to the Economic Development Authority. VIII. APPLICATION PROCESS: The following delineates the Mounds View Economic Development Authority's application process for Tax Increment Financing assistance: 1. Applicant submits the completed application (Attachment "A") and Deposit Agreement (Attachment "8") along with all application fees. 2. City staff reviews the application and completes the Application Review Worksheet (Attachment "C"). 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, a development agreement, business subsidy agreement, and amendments to the Tax Increment Financing Plan, along with all necessary notices, resolutions and certificates are prepared by City staff and/or consultants. 5. If applicable, notices are published and sent to the county and school board. 6. If necessary, public hearing(s) on the proposed project are held. 7. The Economic Development Authority considers final approval of the proposal. 5 . . . IX. Attachment A: APPLICATION FOR TAX INCREMENT FINANCING A. APPLICANT INFORMA nON Name of Corporation/Partnership Address Primary Contact Address Phone Email Fax 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. Attach as Exhibit D. Attorney Name Address Phone_ Email Fax Accountant Name Address Phone Fax Email Contractor Name Address Phone Email Fax Engineer Name Address Phone Email Fax Architect Name Address Phone Email Fax 6 . . . B. PROJECT INFORMA nON The project will be: _Vacant Land Development _Commercial Redevelopment: _Industrial Redevelopment: _Housing: Other New Construction New Construction _New Construction New Construction _ Expansion _ Expansion Rehabilitation Rehabilitation The project will be: _Owner Occupied _Leased Space If leased space, please attach a list names and addresses of future lessees and indicate the status of commitments or lease agreements. Attach as Exhibit E. Project Address Legal Description Site Plan Attached: Building Square Footage: Number of Units if Applicable: Yes No Amount of Tax Increment Requested: Land $ Public Improvement $ Site Improvement $ Current Real Estate Taxes on Project Site: $ Estimated Real Estate Taxes upon Completion: $ Construction Start Date: Construction Completion Date: If Phased Project: % Completed % Completed Year Year C. PUBLIC PURPOSE It is the policy of the City of Mounds View that the use of Tax Increment Financing 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. _The project contributes to the fulfillment of the City's economic development and redevelopment goals _Removal of blight. _Rehabilitation of a high profile or priority site. _Provision of Low and Moderate Income Housing. Other: 7 . . . D. SOURCES & USES SOURCES NAME Bank Loan Other Private Funds Equity Fed GranULoan State GranULoan Tax Increment ID Bonds Other TOTAL USES Land Acquisition Site Development Construction Machinery & Equipment Architectural & Engineering Fees Legal Fees Interest During Construction Debt Service Reserve Contingencies Other TOTAL 8 AMOUNT $ $ $ $ $ $ $ $ $ AMOUNT $ $ $ $ $ $ $ $ $ $ $ . . . E. ADDITIONAL DOCUMENTA TlON 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 Three Years Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date __ D) Two Year Projections F) Personal Financial Statements of all Major Shareholders if "Up Front" Financing is Requested Profit & Loss Current Tax Return G) Letter of Commitment from Applicant Pledging to Complete during the proposed project duration H) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project I) Application fee of $5000 J) Additional information that will be helpful in evaluating your application 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 Mounds View Economic Development Authority to check credit references and verify financial and other information. The undersigned also agrees to provide any additional information as may be requested by the Authority after the filing of this application. Applicant Name Date By Its 9 . . . X. Attachment B: Deposit Agreement Deposit Agreement for Evaluation of Tax Increment Assistance By and Between the Mounds View Economic Development Authority and (The Applicant) This agreement made as of the _ day of , 2000 by and between the MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, a body corporate and politic, organized and existing under the laws of the State of Minnesota (the "EDA") and ("The Applicant"). WITNESSETH: WHEREAS, the EDA has the powers provided in Minnesota Statutes, Sections 469.124 to 469.134 and 469.090 to 469.108 (collectively, the "Act"); and WHEREAS, pursuant to and in furtherance of the objectives of the Act, the EDA has undertaken a program to promote development and redevelopment of certain land within the City of Mounds View and in connection is engaged in carrying out the Mounds View Economic Development Project as detailed in EDA document dated 5/9/94 (the "Project") within the City; and WHEREAS, the redevelopment and development of property within the Project by private developers are stated objectives of the Project Plan. NOW THEREFORE, in consideration of a mutual covenants made herein and for other good and valuable consideration set forth in the Agreement, the parties agree as follows: Section 1. (The Applicant) agrees to provide the EDA with a deposit of $5,000 for the EDA's consultants to investigate the feasibility of providing Tax Increment Financing assistance to (The Applicant) for the redevelopment of the (the "Property"). If the EDA incurs additional expenses directly related to the feasibility of providing Tax Increment Assistance to (The Applicant) beyond the $5,000, prior to the execution of the Developer's Agreement, the EDA shall notify (The Applicant) in writing and (The Applicant) will be required to deposit additional funds as a condition of the EDA entering into any such Development Agreement. Section 2. If the project is approved and (The Applicant) proceeds with the project, the EDA shall reimburse (The Applicant)'s deposit to the extent permissible under the TIF Act. If (The Applicant) does not proceed with the redevelopment of the Property due to the decision of either the EDA or (The Applicant), the EDA shall reimburse the applicant for the unused portion of the deposit. Section 3. Nothing contained in this agreement shall in any way obligate either party to proceed with the redevelopment of the Property or otherwise enter into a Development Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. 10 . . . MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY BY: Dan Coughlin ITS PRESIDENT BY: Michael Ulrich ITS EXECUTIVE DIRECTOR STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me on this _ day of , 2000, by Dan Coughlin and Michael Ulrich, the President and Executive Director respectively of the Mounds View Economic Development Authority named in the foregoing instrument. Notary Public 11 . . . STATE OF MINNESOTA ) ) SS ) COUNTY OF BY: (The Applicant) ITS: The foregoing instrument was acknowledged before me on this _ day of , 2000, by , the of (The Applicant) named in the foregoing instrument. 12 Notary Public . . . XI. Attachment C: APPLICATION PROPOSAL REVIEW WORKSHEET REDEVELOPMENT DISTRICT 1. Ratio of Private to Public Investment in Project: $ Private investment $ Public Investment Ratio of Private to Public Financing Points:. 4:1 3:1 2:1 1: 1 1 : 1 5 4 3 2 1 Less than 2. Increase in Real Estate Value: $ Value of Site before redevelopment $ Value of site after redevelopment S Ratio of value before:after redevelopment 3. New Job Creation in the City of MoundsView: Points: Number of net new jobs as a result of the project. 50+ 5 Number of existing/retained jobs divided by 10. 30+ 4 Total 25+ 3 15+ 2 Less than 15 1 Points:_ 1 :5+ 5 1:4 4 1:3 3 1:2 2 1:2 1 Less than 4. Ratio of TIF to new jobs created: $ TIF request Number of new jobs created $ of TIF per new job created Points:_ $15,000 or less 5 $20,000 or less 4 $22,000 or less 3 $25,000 or less 2 Over $25,000 1 5. Wage Level of jobs created: Average hourly wage of jobs created: Points:. Over $21/ hour 5 $18 -21 / hour 4 $14-17/hour 3 $10-13/hour 2 Under $10 / hour1 6. Project size: The project will result in a net square footage of Points: Over 100,000 5 80,000+ 4 60,000+ 3 40,000+ 2 40,000 or less 1 13 . . . 7. Type of Project: _ 100% Owner Occupied Mix Owner Occupied & Investment Investment Property 8. Use: Industrial Warehouse/Distribution Commercial Housing 9. The project will pay annual property taxes in the first fully assessed year of $ 10. Likelihood that the project will result in unsubsidized, spin-off development. Points:. 120,000+ 80,000+ 60,000+ 40,000+ 20,000+ Below 20,000 Points: Points: 5 4 3 Points:. 5 4 3 3 5 4 3 2 1 o High 5 Moderate 3 Low 1 Sub - Total Points: of a possible 50 points. 11. Bonus Points The project will be 100% pay-as-you-go TIF. __The project contributes to Highway 10 Redevelopment Total Points: Bonus Points: 3 points 3 points Overall project analysis: High Moderate Low Not Eligible 50-43 points 42-34 points 33-26 points 25-0 points 14 XII. ATTACHMENT 0: SAMPLE BUT-FOR ANAL YSIS . WITHOUT WITH TAX INCREMENT FINANCING TAX INCREMENT FINANCING SOURCES AND USES SOURCES AND USES SOURCES SOURCES Mortgage 9,600,000 8,667,000 Equity 2,400,000 2,400,00 Tax Increment Financing 0 933,000 TOTAL SOURCES 12,000,000 12,000,000 USES USES land 1,500,000 1,500,000 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. Ft. Sq. Ft. PerSq.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 949,439 9.00% Interest 9.00% Interest 9,600,000 Principal 8,667,000 Principal Net Income 185,854 288,061 Total Return on Equity 7.74% 12.00% . . N :IDA T AIGROUPSIECON DEVITIFIPolicy.DOC 15