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5.5. SR 08-20-2001R3ver TO:  ROM: DATE: SUBJECT: Item I 5.5. MEMORANDUM Mayor & City Council Catherine Mehelich, Director of Economic Development August 20, 2001 Conduit Bonding Policy Background Another development tool available to the City, in addition to TIF, tax abatement, and micro loans, is conduit bonding. Essentially, conduit bonding allows a developer or business to borrow larger sums of money at a lower interest rate. To utilize such fmancing, the city f~rst authorizes the issuance of tax-exempt bonds, which are sold on the open market. The proceeds are then passed through the city (the conduit) to the borrower for qualified project costs. Because the bonds are issued by the city, the interest earned is tax free, which lowers the interest rate on the bonds and subsequendy the borrower's debt service. The city's role in issuing conduit bonds is minimal. The majority of the work is done by the bond underwriters, who ensure that the project and the use of funds comply with the IRS tax code. This eliminates the need for the city to regulate and monitor the project financing. Additionally, the city bears no risk as it is not the bondholder and is not responsible for repaying the bonds. The city has utilized conduit bonding in the past, most recently for the private acquisition and rehabilitation of the Oak Crest Apartments in 1999. At that time the Council directed staff to draft a policy for the application process of conduit bonds. Since that time staff has received informal requests for the city's issuance of conduit bonds for housing development, as well as interest in industrial development bonds. Thus, staff has drafted the attached policy for the city's application process of conduit bonding. Action Requested The policy has undergone legal, HRA, and EDA review and those comments have been incorporated into the document. Staff recommends the City Council adopt the Conduit Bonding Policy. Attachment · City of Elk River Conduit Bonding Policy August 2001 PURPOSE CITY OF ELK RIVER Conduit Bonding Policy August 2001 Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165 (the "IDR Act"), the City of Elk River has authority to issue industrial development, and health care facility bonds or notes to attract or promote economically sound industry, commerce and health care in the City. Under Minnesota Statutes, Chapter 462C (the "Housing Act"), the City is authorized to issue housing revenue bonds to finance multi-family residential housing projects for low and moderate income persons and elderly persons. Projects must be embodied in a Housing Program, as defined in the Housing Act. The Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for conduit bonding subject to this Policy. It is the judgment of the Council that conduit bonding is to be used on a selective basis to encourage certain development that offers benefit to the City as a whole, including significant employment and housing opportunities. It is the applicant's responsibility to demonstrate the benefit to the City, both in writing and at the public hearing. The applicant should understand that although approval may have been granted previously by the City for the issuance of financing for a similar project or a similar debt structure, the Council is not bound by that earlier approval. Each application will be judged on the merits of the project as it relates to the public purposes of the Housing Act or the IDR Act and benefit to the City at the time the request for fmancing is being considered. GUIDELINES Standards Applications must meet all of the following standards to be eligible for consideration: 1. The applicant shall divulge that private activity conduit bonding will be requested at the time of application for rezonmg or site plan approval. 2. The project must meet the objectives of and be otherwise consistent with the IDR Act or the Housing Act and any other controlling laws. The projects must be compatible with the Comprehensive Plan and the development plans and objectives of the City. A project application requesting a public offering must provide reasonable assurance of security resulting in at least an A rating. 1 August 16, 2001 A project application must demonstrate equity participation in the form of cash or depreciable assets. Industrial and health care projects must not be speculative, i.e., they must either be for the applicant's sole use or 60% of the square footage must be pre-leased. The use of conduit bonding for commercial development shall be limited to the presently developed areas for the purpose of accomplishing redevelopment or revitalization. The total principal amount of tax exempt obligations for a single project will be limited to the sum of the following costs: a. Land or land improvements. New construction or existing building improvements for a new, redeveloped, or expanded business or housing project. c. Capital equipment and machinery for manufacturing purposes. d. Fees for professional services associated with the project. e. Bond issuance costs and capitalized interest during construction. Those applications that exceed the minimum standards will generally be considered more favorably than those that only meet these standards. B. Additional Review Standards Those applications meeting all of the standards listed above will be further reviewed to determine compliance with the following additional review standards. Applications meeting more of the following standards will generally be considered before those that only meet some of them or meet them less extensively: 1. Facilitation of the City's development or redevelopment objectives. 2. The number and type of additional jobs created or retained in the City. 3. For housing projects, the number, type and affordability of new or newly available housing units. 4. The projected increase in property tax revenue. 5. The amount of equity participation above 20%. 6. The quality of the project, as represented by renderings, site plans, the applicant's record of development, etcetera. 7. The project's impact on additional City services. 2 August 16, 2001 The view of individuals and businesses expressed at the public hearing on the project will also be considered. C. Procedural Provisions A project will not be given £mal approval until all City planning and zoning requirements have been met and all related permits and approvals have been issued. Planmng and zoning matters may be considered simultaneously with preliminary approval of the project. City officials will not deliver documents for the issuance of tax exempt obligations until all required fees have been paid by the applicant to the City. 3. The Council resolution giving preliminary approval to a project shall specify: ao That the approval given terminates one year from the date of the resolution and may be renewed only upon request of the applicant. bo That the applicant agrees to pay all required fees and reimburse the City for any and all costs incurred by it in the financing, whether of not the bonds are issued. That the City reserves the right in its sole discretion to withdraw the preliminary approval at any time prior to the issuance of the obligations of the project. The Director of Economic Development is responsible for the administration and processing of applications for conduit bonding. The Director of Economic Development is to prepare and revise from time to time, necessary application forms and informational material in order to carry out the objectives of this policy. 5. The following fees for the processing of applications are established: a. A fee of $5000 due upon the submission of the application, and One-half of one percent of the principal amount of the bond due upon issue of the bond. The City is to be reimbursed and held harmless for any out-of-pocket expenses related to the conduit bonding including, but not limited to the City's issuer counsel and other legal fees, financial analyst fees, bond counsel fees, and the City's administrative expenses in connection with the application. The applicant must execute a letter to the City undertaking to pay all such expenses even if they exceed the deposit. The applicant must select a financial advisor or underwriter reasonably acceptable to the City to assist the applicant in preparing all necessary application documents and materials. The financial adviser will submit 3 August 16, 2001 a letter that establishes the £mancial feasibility of the project. Applications may, in the alternative, include a signed letter from a responsible f'mancial institution or underwriter indicating that the project is economically feasible and viable and stating that bonds can be successfully sold for the project or that an individual or institution intends to purchase all of the bonds. All documents shall be subject to the review and comment of the City's own bond or issuer's counsel The applicant must receive approval from the appropriate state agencies, secure financing and commence construction within one year of the date of the resolution giving preliminary approval to the project or the housing program. The Council may approve an extension of the preliminary approval. D. Miscellaneous Matters Refunding - The Council may approve the refunding of an obligation upon a showing by the applicant of substantial debt service savings and/or the removal of bond covenants significantly impairing the financial feasibility of the project. A fee of $5000 will be charged. Subsequent Proceedings - Where changes to the underlying documents or credit facilities of outstanding bond issues are to be made and require Council action, a fee of $5000 will be charged. No formal application form is required. Deadlines - The Council conducts all conduit bonding matters at regularly scheduled Council meetings held on the second, third, and fourth Monday of each month. Documents for Council consideration must be at the City office sufficiently in advance for comments, corrections, and placement on the agenda. In the case of a publicly offered bond issue, the documents, when submitted, may specify a maximum price and maximum effective interest rate if prices and rates have not yet been established. Public Hearings - Published and mailed notice of any required public hearing may be set and arranged administratively by city staff. E. Modification of Policy This policy is intended as a general guide to be followed by the City Council in considering applications for conduit bond fmancing. It is not binding on the Council and may be modified by the Council in the case of any projects for which, at the sole discretion of the Council, such modification is deemed necessary or appropriate in the interest of the City. Adopted: 4 August 16, 2001 CITY OF ELK RIVER Conduit BondingApplication I. CONTACT INFORMATION Company: Ad&ess: City / State / Zip Contact Person(s) Business Phone Email Fax Federal ID # Proposed Bond Council Proposed Underwriters Council State ID # II. PROJECT INFORMATION What type of project is proposed? __ Industrial Development/Expansion __ Medical Facility __ Multi-Family Residential Housing __ Mixed Use Redevelopment Other What will funds be used for? __ Land Acquisition __ Construction/Renovation __ Capital Equipment Other Bond Amount Requested: $. Total Project Cost: $ Please provide a summary of the proposed project: August 16, 2001 Has the applicant ever defaulted on a bond or mortgage commitment or ever declared bankruptcy? If so, please explain. Please list the communities where the applicant has applied for conduit bonding within the past five years. 6 August 16, 2001 III. FINANCING Sources of Funds SOURCE Bank Loan Bank Loan Other Private Funds Other Private Funds Applicant Contribution Fed Grant/Loan State Grant/Loan City Financing Conduit Bonding Total Financing NAME TERMS AMOUNT $. $ $ $ $ $ $ Uses of Funds Land Construction/Renovation (attach plans & costs) Capital Equipment Other IV. Directions Total Costs Comments: PROJECT GOALS · Industrial/Medical Facilities Applicants to complete Section 1 only. · Housing applicants to complete Section 2 only. 7 August 16, 2001 · Mixed use applicant to complete both Sections 1 & 2 SECTION I: Industrial/Medical Facilities Present # of Employees Total Payroll Job Creation Average Are the Jobs Expected Number Hourly Annual Permanent or Hiring Job Title of Jobs Wa~e Salary Temporary? Date Current Market Value of Property $. Estimated Market Value upon Completion $. SECTION 2: Housing Developments Housing Unit Data Type of Unit Number of Units Rent Range Percent Available to LMI 1 bedroom 2 bedroom 3 bedroom 1 bedroom 2 bedroom 3 bedroom 1 bedroom 2 bedroom 3 bedroom IV. PROJECT CONTACTS Attorney Name Ad&ess Phone Email Accountant Name 8 August 16, 2001 Address Phone Email D eve lop e r / B uilde r Name Ad&ess Phone Email Financing Sources (lenders, partners, etc...) Name Address Phone Name Ad&ess Phone Name Ad&ess Phone Name Ad&ess Phone Parent Company Name Ad&ess V. ATTACHMENTS CHECK LIST Please attach the following: A) Written Business Plan: 1. Description of Business 2. Ownership 3. Management 4. Date Established 5. Products/Services 6. Future Plans .B) Audited Financial Statements for Past Two Years C) Financial Projections for Two Years 9 August 16, 2001 D) F) Resume of Owner/Management Personal Financial Statements of Proprietor, Partners, Guarantors Letter of Commitment from the other sources of financing, stating terms and conditions of their participation in project G) Non-refundable Deposit of $5000 Administrative Fee of one half of one percent of the bond request. I) List of References including project name, city and address. VI. AGREEMENT I / We certify that all information provided in this application is true and correct to the best of my/our knowledge. I / We authorize the City of Elk River and the Finance Committee to check credit references and verify financial and other information. I / We agree to provide any additional information as may be requested by the City and the Finance Committee. NAME TITLE SIGNATURE DATE 10 August 16, 2001