6.1. EDSR 05-08-2006ITEM ~ 6_l ..
MEMORANDUM
TO: Economic Development Authority
FROM: Catherine Mehelich, Director of Economic DevelopmentC~
DATE: May 8, 2006
SUBJECT: Consider Adoption of Amended Business Subsidy Policy
Attachments
• City of Elk River Business Subsidy Policy, Amended May 2006
Background
The 2000 MN Business Subsidy Law requires subsidy grantors to establish "Business Subsidy"
Criteria by May 2003 and prior to granting business subsidies. In accordance with the law the
City adopted business subsidies criteria within its Tax Increment Financing, Tax Rebate
Financing and Micro Loan policies in 2000.
The City of Elk River Business Subsidies Policy was drafted and adopted as a separate document
from the specific types of subsidies in 2002. Besides meeting the statutory requirements, the
purpose of the policy is to establish a minimum wage floor fox all types of business subsidies that
may be provided by the City of Elk River, in addition to the project meeting the city's specific
guidelines fox each particular form of subsidy, i.e. Tax Increment Finance, Tax Abatement and
Economic Development Micro-Loans.
Recommendation
The attached policy includes the amendments discussed at the April 1Q 2006 EDA meeting.
Staff recommends that the EDA consider adoption of the amended Business Subsidy Policy.
Following the EDA's adoption, the City Council will be asked to adopt the amended policy.
Business Subsidy Policy
Amended & Adopted: May 2006
Original Adopted:
Housing & Redevelopment Authority November 25, 2002
City CouncIl November 25, 2002
Economic Development Authority December 9, 2002
City of Elk River
Economic Development Division
13065 Orono Parkway
Elk River, b1N 55330
763.635.1040
CITY OF ELK RIVER
POLICY AND PROCEDURES RELATING TO
THE USE OF BUSINESS SUBSIDIES
PURPOSE
Far the purporer of this document, the term `City"shall include the Elk River City Council, Ee~onomic Development
Autborzty, and Housing and Redevelopment Authority.
The purpose of this policy is to establish guidelines and criteria regarding the use of business
subsidies, such as tax increment fmancing (TIF), tax abatement, and other business subsidies
fox private development projects within the City of Elk River. This policy shall be used as
criteria fox providing subsidies, in addition to the requirements and limitations set forth by
provisions of Minnesota State Statute 116J.993 (MN Business Subsidy Law), and the City's
policy and guidelines of the particular form of subsidy.
These guidelines shall be used in processing and reviewing applications requesting business
subsidy assistance. The fundamental purpose of business subsidies in the City is to
encourage desirable development or redevelopment that would not otherwise occur "but
for" the assistance provided through business subsidies.
It is the intent of the City to provide business subsidies, as well as other incentives that the
City may deem appropriate, at the shortest term required fox the project to proceed. The
City reserves the right to approve ox reject projects on a case-by-case basis, taking into
account established policies, specific project criteria, and demand on city services in relation
to the potential benefits to be received from a proposed project Meeting policy guidelines
or other criteria does not guarantee the award of a business subsidy. Furthermore, the
approval ox denial of one project is not intended to set precedent fox approval or denial of
another project.
Whenever possible it is the City's intent to coordinate the use of business subsidies with
other applicable taxing jurisdictions.
II. DEFINITION OF "BUSINESS SUBSIDY"
The following types of assistance having a value in excess of $25,000 are defined as a
"business subsidy" within the MN Business Subsidy Law:
• State and local government agency grants;
• Contributions of personal property, real property, ox infrastructure;
• The principal amount of a loan that exceeds $75,000 at rates below those
commercially available;
• Reductions or deferrals of taxes ox fees;
• Guarantees of any payment under any loan, lease, ox other obligation; and,
• Preferential use of government facilities.
City of Elk River Business Subsidy Policy
Amended May 2006
III. PUBLIC PURPOSE OBJECTIVES OF BUSINESS SUBSIDIES
In accordance with the MN Business Subsidy Law, the City will consider using business
subsidies to assist private development projects to achieve one ox more of the following
public purpose objectives:
• To retain local jobs and/or increase the number and diversity of jobs that offer
stable employment and/or attractive wages and benefits.
• To enhance and diversify the City of Elk River's tax base.
• To encourage additional unsubsidized private development in the area, either
directly ox indirectly through "spin ofP' development.
• To achieve development on sites which would not be developed without
business subsidies assistance.
• To remove blight and/or encourage development of commercial and industrial
areas in the city that result in higher quality development ox redevelopment and
private investment.
• To offset increased costs of development of specific properties when the unique
physical characteristics of the site may otherwise preclude private investment.
• To create opportunities for the construction, operation and maintenance of
affordable housing.
IV. GENERAL POLICIES FOR THE USE OF BUSINESS SUBSIDIES
A. Business subsidy assistance will be provided from the City, on a "pay-as-you-go"
note method, to the developer if the business subsidy is tax increment financing ox
tax abatement. Requests fox up front financing will be considered on a case-by-case
basis.
B. A developer requesting business subsidy assistance must demonstrate, to the
satisfaction of the City, sufficient cash equity investment in the project as required
within the City's policy fox the particular form of subsidy.
C. Business subsidy assistance will not be provided in circumstances where land and/ox
property price is demonstrated by the County Assessor to be in excess of fair market
value. This would normally be where the acquisition price is more than 10% in
excess of market value.
D. A developer must be able to demonstrate to the City, ox, if applicable, to the
underwriting authority, a market-demand fox a proposed project.
E. Business subsidy assistance will not be used in cases where the subsidy would create
an unfair and significant competitive financial advantage over other similar projects
in the area.
F. Business subsidy assistance will not be used fox projects that would place
extraordinary demands on city infxastmctuxe and services.
City of Elk River Business Subsidy Policy
Amended May 2006
G. If requested by the City the developer shall provide adequate fmancial guarantees to
ensure completion of the project, including, but not limited to: minimum assessment
agreements, letters of credit, cash escrows, and personal guaranties.
H. Each developer must be able to demonstrate to the City's satisfaction, an ability to
construct, operate, and maintain the proposed project based on past experience,
general reputation, and credit history.
L If requested by the City, ox its consultants, the developer shall provide sufficient
market, fmancial, environmental, ox other data relative to the successful operation of
the project.
I. Projects receiving business subsidy approval from other affected taxing jurisdictions
will be more favorably received by the City.
V. GUIDELINES FOR COMMERCIAL/INDUSTRIAL BUSINESS
SUBSIDIES
A. Business subsidies will not be used for retail ox service businesses unless it is a
redevelopment project that demonstrates that it will result in a substantial increase in
tax base and a significant improvement in quality employment.
B. The project must be consistent with the City's Comprehensive Plan, Land Use Plan,
and Zoning Ordinances.
C. The project must result in the retention of existing jobs that would be lost "but for"
the proposed development or result an increase and diversification in local jobs.
Business retention jobs will be considered on a one-for-one match to job creation
only in cases where job loss is specific and demonstrable in accordance with the MN
Business Subsidy Law.
D. Specific wage and job goals will be determined by the City giving consideration to
the particular form of the subsidy, nature of the development, the purpose of the
subsidy, local economic conditions and similar factors. The recipient will have up to
two years from the benefit date, which is the date that the recipient receives the
subsidy, to meet the job and wage goals established by the City.
E. The minimum wage for a job to be considered a new or retained job shall be $15.00
per hoax, exclusive of benefits required by law. Deviations from the job and wage
goal may be considered fox projects that will result in a significant increase in tax
base. Deviations less than the wage floor will be considered on a case-by-case basis
and in accordance with the requirements of the MN Business Subsidy Law.
F. Business subsidies will not be used fox commercial/industrial projects that have a
history of inconsistent compliance with applicable environmental rules and
regulations.
City of Elk River Business Subsidy Polic}'
Amended May 2006
VI. GUIDELINES FOR REDEVELOPMENT AND RENOVATION
BUSINESS SUBSIDIES
In accordance with the MN Business Subsidy Law, the following forms of financial
assistance related to redevelopment and renovation axe not a "business subsidy":
A. Assistance provided fox the sole purpose of renovating old ox decaying building
stock or bringing it up to code, provided that the assistance is equal to ox less
than 50 percent of the total cost;
B. Assistance for pollution control ox abatement;
C. Redevelopment when the recipient's investment in the purchase of the site and
in site preparation is 70 percent or mare of the assessor's current year's estimated
market value.
VII. SUBSIDY APPLICATION PROCESS AND PROCEDURE
A. Application fox business subsidies shall be made on the City's forms for the
particular type of assistance. The application for business subsidies shall request
information required within the City's policies on the particular form of subsidy
including but not limited to; a detailed description of the project; a preliminary site
plan; the amount of business subsidy requested; the public purpose of the project;
the number and types of jobs to be created; the wages and benefits to be paid new
employees; and verifiable funding sources and uses.
B. Following a review by appropriate City Staff the application shall be referred to the
either the Economic Development Authority, ox Housing and Redevelopment
Authority, fox recommendation to the City Council for denial ox approval.
C. Before granting a business subsidy that exceeds $100,000, the City shall provide
public notice and hold a hearing on the subsidy unless a hearing and notice on the
subsidy is otherwise required by law.
VIII. SUBSIDY AGREEMENT AND REPORTING REQUIREMENTS
Each company receiving a business subsidy shall be subject to the subsidy agreement and
reporting provisions and requirements set forth by the MN Business Subsidy Law and
summarized below:
A. Progress Reports
The recipient shall file a report annually for two years after the receiving the
subsidy or until all goals set forth in the subsidy agreement have been met, which
ever is later. Reports shall be completed using the format drafted by the State of
Minnesota and shall be filed with the City's Economic Development Division no
latex than March 1 of each year fox the progress made the previous year.
City of Elk River Business Subsidy Policy
Amended b4ay 2006
B. Maintain Facility
The recipient agrees to maintain and operate its facility at the site where the
subsidy is used fox a period of five years after the date the subsidy is provided.
C. Failure to Comely
Businesses failing to comply with the subsidy agreement will be subject to fines,
repayment requirements at the rate established within the MN Business Subsidy
Law, and be deemed ineligible by the State to receive any loans or giants from
public entities for a period of five years.
City of Elk Rivet Business Subsidy Policy
Amended May 2006