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HomeMy WebLinkAbout7.b. Tax Increment Financing PolicyCity of Rosemount Executive Summary for Action City Council Meeting Date: January 2, 1995 Agenda Item: Tax Increment Financing Policy Agenda Section: NEW BUSINESS Prepared By: Dan Rogness Community Development Director Agenda No: _ ITEM Attachments: TIF Policy and Application Approved By: V Staff has been working on a proposed Tax Increment Financing (ill -0 Policy during this past year. The final draft as attached was recommended by the port authority on December 19, 1995 by a unanimous vote. The policy is divided into nine sections, each one providing a framework in which the port authority and city council can make decisions related to tax increment requests. This policy allows an individual or business to make application for TIF, and it also allows the port authority and /or city council to initiate a new district or amendment on its own behalf. As a policy, it does not carry the "law" standards that ordinances do, but rather, it carries the intent of the city for its overall use of TIF. The policy should probably be reevaluated once a year in order to make sure it provides useful guidance to the city. According to state statues, one of the most important justifications for the use of TIF is the "but for" standard. Therefore, Section VI of the policy requires the applicant to make this determination based upon one or a combination of six criteria. Also, more cities are using the pay -as- you -go option for financing, which has the least risk to cities. In Section IV, the policy identifies this financing method as the most preferable and allows more benefits to the project developer as a result. Recommended Action: A MOTION to adopt a RESOLUTION APPROVING THE TAX INCREMENT FINANCING POLICY AS RECOMMENDED BY THE ROSEMOUNT PORT AUTHORITY Council Action: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1996- A RESOLUTION APPROVING A TAX INCREMENT FINANCING POLICY FOR THE CITY OF ROSEMOUNT WHEREAS, the City of Rosemount is in need of a policy for its use of Tax Increment Financing (TIF) within the municipality; and WHEREAS, the Rosemount Port Authority developed a policy and corresponding applica- tion, and it voted on December 19, 1995 to recommend this policy to the city council; and WHEREAS, the proposed policy will provide the city a framework in which to review requests and applications for the following: (1) tax increment projects within existing TIF Districts, (2) new TIF Districts, and (3) amendments to existing TIF Districts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemount hereby adopts a Tax Increment Financing Policy effective January 2, 1996 for (re)develop- ment projects within the city. ADOPTED this 2nd day of January, 1996. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: TAX INCREMENT FINANCING POLICY CITY OF ROSEMOUNT, MINNESOTA APPROVED JANUARY 2, 1996 I. GENERAL PURPOSE The purpose of this policy is to establish the City of Rosemount's (the "City") position as it relates to the use of Tax Increment Financing ( "TIF ") for private development. Rosemount recognizes the importance of TIF as a development financing tool that may be appropriately used, under some circumstances, to assist the City in satisfying it's economic development goals and objectives. These specifically include the following: A. To broaden and diversify the tax base B. To develop an enhanced employment base C. To encourage strong, viable growth and development for the commercial and industrial areas of the community D. To stimulate the redevelopment of underutilized, blighted or obsolete land uses E. To insure that publicly assisted economic development projects meet established criteria that guarantee public benefit F. To promote and encourage a high quality of construction G. To provide more and better services to the citizens In order to meet these needs, the City finds it essential to create a TIF Policy with specific guidelines so that the fmancing tool can be used appropriately. On September 3, 1991 (Res. 91 -53), the City established a Port Authority (the "Authority ") which is responsible for the administration and issuance of TIF funds, pursuant to Minnesota Statutes 469 et sec. The Authority will consider a request for TIF where the project serves to further the City's stated economic development goals and objectives. The Authority is also responsible for ensuring that the project would not otherwise occur "but for" the assistance provided through TIF. II. PROJECTS AND USES ELIGIBLE FOR TIF ASSISTANCE In order to meet the stated goals and objectives of the City, the Authority may consider using TIF to assist private development only in those instances where the proposed project includes one or more of the following targeted uses: A. Office, Office /Showroom B. Office /Service/Warehouse C. Office/Industrial/Corporate Headquarters D. Industrial/ Manufacturing /Warehouse E. Senior Citizen Housing - -- Page l of 5 -- F. Commercial and retail uses of a general City-wide benefit where: 1. The project is a part of a redevelopment plan, or otherwise meets the criteria for a redevelopment TIF district; and 2. The project has a net gain of ten (10) or more new full-time jobs; and/or 3. The project will significantly enhance the overall appearance, character and/or quality of the Rosemount Commercial District as identified in the Comprehensive Guide Plan. G. Residential development or redevelopment only where such a use is found to meet the "but for" test and is located within or adjacent to the City's Redevelopment District, and/or serves to meet the City's goals and objectives. III. ELIGIBLE TIF EXPENDITURES Project costs qualifying for TIF assistance is defined by state statute, including land acquisition, site preparation, soils correction, utilities, parking lots, landscaping, lighting, and associated design and utility fees. The City and Authority prefer to use TIF to address the following prioritized list of expenditures: A. Soil correction B. Deteriorated/obsolete building removal C. Public streets and utilities (which may include publicly owned land as a write -down) D. Site improvements (grading) E. Site improvements (parking, lighting, landscaping) F. Land write -down IV. FINANCING STRUCTURE The City and Authority have three general options regarding the use of TIF relating to the type of financing structure: (1) bonding /other debt; (2) pay -as- you -go; and (3) loans. Bonding is the most advantageous to the developer due to the City obtaining and releasing funds at the beginning of the project; however, this type of financing is also the most risky for the City. Pay -as- you -go is safe from the City's perspective since tax increments are paid annually to the project only to the extent that it is available. Loans could be structured under bonding or pay -as- you -go, but the business is required to pay back the proceeds to the City or the Authority rather than treating the tax increment as a grant. For purposes of this policy, the following guidelines are established: A. Loans will be used to the extent that financing "gaps" are identified rather than site corrections or write - downs. B. Pay -as- you -go financing is preferred over bonding or other debt instrument; therefore, bonding will be used only if a significant public benefit is demonstrated. --- Page 2 of 5 - -- C. The City or Authority may structure the financing such that higher benefits go to the project developer based on the type of financing (i.e., more principal with a loan or a longer term with a pay -as- you -go structure). D. The overall level of public financing should be targeted to no more than fifteen percent (15 %) for economic development projects and twenty -five percent (25 %) for redevelopment projects as a percent of the total project cost. E. If public financing needs exceed the level of tax increments generated from within the corresponding TIF District, then the City and Authority will evaluate other sources of financing. F. In general, the City and Authority desire at least as much private equity in the project as the level of public financing. V. CRITERIA; PROJECT The City and Authority have expressed their support for the use of TIF in appropriate circumstances. However, they reserve the right to approve or reject new or redevelopment projects in the City on an individual basis. The Authority will take into consideration the following factors for each TIF application: A. Is the proposed development in compliance with TIF law as stated in Minnesota State Statues 469? B. Will the project increase the tax base, and if so, to what extent? C. Will new jobs be created and if so, will these jobs constitute "head of household" opportunities? D. What level of quality will the facility reflect with respect to the materials used, size, landscaping and general aesthetics? E. Will the project spur future development? When? And what type? F. Would the project proceed as presented without TIF? G. Will the proposed project be financially feasible? H. Will the proposed use(s) be compatible with the City's Comprehensive Guide Plan and Zoning Ordinance) I. What will the impact be on City public services? --- Page 3 of 5 --- W. CRITERIA: "BUT FOR" TEST A key indicator for the use of TIF is the state - required "but for" analysis that says the proposed development project would not occur but for the TIF assistance. Therefore, the City and Authority will review each TIF application based on the following criteria: A. Development obstacles (e.g., deteriorated/obsolete buildings; poor soil conditions) are obvious characteristics of the site. B. The site has been targeted by the City and/or Authority for (re)development based on specified needs and policy. C. The development project will (re)locate to a different city and/or state without local public financing. D. Public infrastructure is necessary in order to serve a large area or targeted site. E. The land acquisition costs are reduced in order to address a specified public strategy or need (e.g., publicly owned property with high costs; lower valued property at another less desirable location). F. The public financing fills an identifiable financing "gap" for the project due to such factors as inadequate lender financing or below- market return on investment. VII. STANDARDS A. Construction of the project shall not begin until the Council and the Authority have approved or amended a TIF District and Plan, and executed a corresponding contract for private (re)development. B. The Council and the Authority reserve the right to deny any application for TIF that does not meet the standards of this Policy. C. The City and Authority shall be reimbursed by the applicant for costs associated with reviewing the TIF application, approving a TIF District/Plan, and executing a contract. The applicant will deposit with the City an administrative fee of $2,500 for a project within an existing TIF District or $4,000 for a new TIF District, which will be applied to costs incurred by the City in conjunction with the proposed project. In the event such costs exceed the deposit, the applicant may be required to pay additional costs billed by City or Authority. D. At all times, procedures and policies related to the proposed or actual approval of the TIF will comply with the laws of the State of Minnesota. E. All applications and supporting documents shall become property of the City, and the classification of the data shall be governed by the Data Practices Act. --- Page 4 of 5 --- F. The Council and Authority reserve the right to select and retain, at the expense of the applicant, a third party to assist in the evaluation of the proposed development project and corresponding TIF District/Plan G. The applicant shall pay all permits and fees normally charged by the City as part of the approval process unless otherwise approved by the City. VIII. ADMINISTRATIVE The attached TIF application forms (Exhibit A of this Policy) must be completed and must include all of the information requested without exception. Also, the applicant shall agree to allow the City and the Port Authority to check the backgrounds and financial history of the applicant(s). The Authority and City staff will review the application and provide preliminary recommendations to the Authority and Council as to the compliance of the proposed project with the City's economic development goals. Other required project approvals may proceed simultaneously with the TIF approval process. IX. PROCEDURE FOR A NEW /AMENDED TIF DISTRICT A. A completed application with the deposit shall be submitted to the City Administrator. The City or Authority may also initiate a proposed TIF District/Plan without applica- tion based upon a determination on the suitability of a particular area for inclusion in a TIF district (i.e., type of district; legal criteria; and future use of the area). B. The proposed (re)development project is presented to the Authority. If the Authority desires to proceed, it authorizes its staff and/or consultants to draft a new or amended TIF plan for a district, or draft a development agreement if the project is within an existing district (step F). The Authority approves a preliminary plan and requests a public hearing; the Council orders a public hearing on the proposed TIF District/Plan. C. The Planning Commission adopts a resolution that the proposed use(s) are consistent with the City's Comprehensive Guide Plan. D. Information on the proposed TIF District/Plan is sent to the county and school district thirty (30) days prior to the public hearing; the notice of public hearing is published; the County Commissioner representing the area of the TIF district is notified in writing of the proposed district's creation (if required by state law). E. The City Council holds a public hearing; it approves or disapproves the TIF Plan/District; the district is certified with Dakota County and the State of Minnesota. F. City staff and/or consultants prepare a Contract for Private (Re)Development that identifies the responsibilities and obligations of all parties associated with the proposed project; the Authority reviews and recommends this contract to the Council for final adoption. --- Page 5 of 5 --- ': is4 : ?wyi }ipiii:v:i:i'.'Oii ?: ?•.; {•il +iii i};:;;: Ly' {x' •: iii'ii' v'L :J' {4iii' ........ .......................:.....:: �:::::::::........., ..,�... :: nv::4ii: ;.Y:n$. .. . ' %:i: . /.. i:.:Un•:.,.;.i:: ?x ^ }:•i:•i% i ?{4i.... /.. f. . ?iiYf,.S :i: ?:i � ?:��:'r:: ?j;:?jif•�:i!i {{ j %J•:,'• %� i:ir'iiiii rr,.}f.,..:.:.: {.}:.:.:... { 4f•:.: {.•fv..:.: � 'r:;i � ? /*".. r •.:�•: {:6 : :viii�i.'•'f. { {n; •. ! ::i:• trit' °4 . .�,..•: +jf 2.P'..l'Lr is .�, J.•:v?ki:..W�i� :�+rl: r.f .:ic• .: '� �,,� 2� yv • . l.. ' iF;$: is v: o• F- .,Sw` ^,'f'•..... •:iiu{ :a:•.'•'r"ii:<•:..i: .ri;cv. r.'i.•'�'�.•.%•�... %irii:•: ?t•`:.i: S:`v{n`iu^Ci 9, .•.'•..+}q•+�'+.•w.�^••.•. .m'..tfi:. ii�'l •..... y: ik.- �v.,.{`,+i: APPLICATION FOR TAX INCREMENT FINANCING BACKGROUND INFORMATION APPLICANT NAME DATE PHONE TYPE OF BUSINESS (c.g., corporation or partnership) NATURE OF BUSINESS REPRESENTATIVE LOCATION FINANCIAL HISTORY OF APPLICANT A. B. C. 2. LIST OTHER PROJECTS THE APPLICANT HAS COMPLk hU. LIST THE VALUE, DEBT LOAD, AND LENDER ON EACH PROJECT. HAS THE APPLICANT EVER DEFAULTED ON ANY LOAN COMMITMENT FOR THE PROJECTS LISTED? 3. HAS THE APPLICANT EVER FILED FOR BANKRUPTCY? 4. TOTAL ESTIMATED PROJECT COST AND THE REQUESTED AMOUNT FOR TAX INCREMENT FINANCING A -1 APPLICATION FOR TAX INCREMENT FINANCING INFORMATION ON PROPOSED PROJECT 1. INDUSTRIALCOMMERCIAURETAUJHOUSING? 2. WHAT IS THE PRESENT EMPLOYMENT AT THIS LOCATION? 3. WHAT. WILL THE EMPLOYMENT BE AT COMPLETION OF PROJECT? 4. ANNUAL SALES: PRESENT FUTURE 5. WHAT IS THE PRINCIPAL BUSINESS OR PRODUCT OF THE COMPANY? 6. POTENTIAL OTHER USE OF PROPOSED FACILITY? 7. WILL THIS PACILITY ATTRACT OTHER RELATED INDUSTRIES? 8. WHAT 13 THE PROPOSED PRIVATE FINANCING ARRANGEMENT? DEBT $ EQUITY $ 9. WHAT IS THE STATUS OF YOUR FINANCING FOR THE PROJECT? ar r i. r:rx'?• /r hi v:?v..vArr fr:. .....................: ..:.xr ..•. r. rc:`ir r.v w:,c, ?.vr:r f � >:' ::.:: ... • ��. ♦ hr.•w:.{:w•:: ........... x ?.v: ..n ^x. fN.? Y. Y,.,.. ��,.•,,,•' �i'..•' .'S+.t','.inA:<?9tL.?K•:Y.ry. /: x: •:..::. • •: • :?.:�i�. ... .. �•�+R�•� I r �"y� . {; •{.; T:.;L ix:{ �,.. r:? .::.y: :..'.:%i:::i.:.:r.:yi...; r.;???{?{:: i:...... ...f. ? ?? {? ??<: ?.v:. . r.:r. 1. General description of the proposed project, including benefits to Rosemount. 2. Building and site information, including proposed building size, building materials, estimated market value upon completion (land and improvements), site plan, and expected commencement/completion dates. 3. Background information on the company. 4. A financing "Source & Use" statement, including private financing, equity, and the requested TIF amount and terms. 5. A "But For" letter (see Section VI of the TIF Policy) and financial analysis demonstrating need for public financing assistance. 6. Letter of feasibility from a bank, lender, or financial advisor, including the following (where applicable): Retail or office market analysis; Property appraisal for the proposed project; Pro forma analysis. 7. Business financial statements including past three years of profit/loss statements and balance sheets. 8. Resumes and personal financial statements of all principals with 20 % or more ownership in the business. 9. Statement of property ownership or control (e.g., purchase agreements and contracts 10. Property information, including legal description, tax parcel ID number, size of parcel(s), and current market value. r%F f i i OF R il[i.l►OUNT } (A separate form shareholders. APPLICATION FOR TAX INCREMENT FINANCING RELEASE AUTHORIZATION must be signed by all of the applicant's partners, officers, owners, or Applicant Name: Date: The undersigned hereby affirms that all information provided to the Rosemount Port Authority (the "Authority ") relative to all applications submitted for Tax Increment Financing ( "TIF ") consideration are true and complete to the best of the undersigned's knowledge. The undersigned acknowledges that falsified information or significant omissions on either this application or other supporting documents may disqualify the applicant for further consideration for TIF from the Authority. The undersigned hereby authorizes the Authority to investigate all statements, financial institutions, commercial and/or private partnerships, credit ratings, or other records or sources as may be necessary for the Authority to determine an appropriate recommendation of the TIF application. Information provided by the undersigned is governed by the Minnesota Government Data Practices Act. The undersigned hereby authorizes release of personal, financial or business records to the Authority. Private data will be used when it is required for administration and management of the Rosemount TIF Policy. The undersigned, to the extent permitted by law, hereby releases any recipient of this authorization from any and all liability for damages that may arise from furnishing any requested information. Signature: Name (Printed) : Relationship to Applicant: Date: A -4