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78-21 ,,~ e e e ,. ,;~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date: May 1, 1978 Resolution: 78-21 Motion by Councilman: Neveaux Geving Seconded by Councilman: ESTABLISHMENT OF INDUSTRIAL REVENUE BOND CRITERIA WHEREAS, the Minnesota Industrial Development Act is designed to: 1) Prevent the emergency or continuance of blighted and marginal lands. 2) Aid in increasing employment. c) Increase the Tax Base of a municipality and other taxing authorities. 4) Protect existing jobs by discouraging migration of Minnesota firms to other states. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the dty of Chanhassen, that the following criteria are hereby adopted as guidelines in considering requests for commercial and industrial revenue bonds: Minimum Fiscal Criteria 1) Only new construction or plant expansion amounting to $500,000 or more would be eligible for financing. 2) The average earnings of applicants for the three (3) year period prior to application shall be a minimum of 1-1/2 times fixed charges. For the purposes of the computation of this ratio "earnings" represent income before taxes on income and fixed charges. "Fixed Charges" include industrial revenue financing interest expense as well as all other interest on other debt, lease obligations and other re- curring annual fixed charges and expenses. For example, interest on a $1 million dollar bond issue at 7% is $70,000. If the applicant had $100,000 in other interest expense and $50,000 in lease and other recurring expenses (total $220,000), the average earnings for the past three years before income taxes and fixed charges shall equal or exceed $330,000. -1- 3) The annual fair market rental value of the building to be constructed must equal or exceed the total amount of annual principal and interest due on the industrial revenue financing. An appraisal may be required to verify fair market rental value for commercial development issues. The type of financing shall be a mortgage revenue note which will be sold only to an instititutional investor. This method of sale shall also be established for industrial revenue bonds; however, the city may waive this requirement for industrial revenue bonds upon the advice of the city staff and fiscal consultant. e 4) The net worth of the applicant as reflected by its balance sheet for the fiscal year immediately preceeding application shall equal or exceed outstanding indebtedness as determined by city staff and its fiscal consultant. 5) Prior to the adoption of the resolution authorizing issuance of the industrial revenue bond or revenue notes, the applicant shall deliver satisfactory evidence of a firm financing commitment. 6) The city staff in conjunction with the fiscal consultant shall adopt administrative procedures setting forth minimum documentation which shall be required by the applicant to assist city council in making its judgment. Additionally, the city staff shall set an amount of an escrow deposit required at the time of making application, said deposit intended to be sufficient to cover all legal, administrative, and fiscal consultive fees associated with the city council's consideration of the request. In addition, the applicant shall agree in writing to pay upon demand such amount of expense in excess of the escrow deposit. e 7) The city reserves the right to deny any application for municipal industrial development bond or revenue note financing at any stage of the proceedings prior to the adoption of the re~olution authorizing issuance of industrial development bonds or revenue notes. Criteria Demonstrating Positive Nature of Use. All proposals meeting the minimum guidelines set forth above under Fiscal Criteria shall be weighed additionally by the council on the basis of the desirability and positive nature of the proposed use, employing the following standards: 1) The applicant shall demonstrate that the proposed use has a positive effect on employment in the City of Chanhassen. 2) The applicant shall demonstrate that the proposed use has a positive effect on the tax base for the city. A general guideline is hereby established of market value of land and building to requested industrial revenue bond or revenue note financing of 2 to 1. e -2- J e e e -t . · ~ 3) The applicant shall demonstrate that any proposed commercial use is compatible with the core area redevelopment plan and is a priority in the development of the downtown area. 4) The applicant shall demonstrate that the proposed use meets development criteria in the tax increment district, or meets the development criteria in an industrial park. 5) The applicant shall demonstrate that the proposed development will not require further public expenditures for public improvements. 6) The applicant shall demonstrate that the proposed development is within the priority development area for the city. 7) The applicant shall de~onstrate that the proposed use is not in conflict with existing businesses and industries within the city and that said use will have a positive effect on the economic market within the city. the City Council of the City of Chanhassen this ~~~~. Walter Hobbs, Mayor YES NO Walter Hobbs Dale Geving Dick Pearson Nick Waritz John Neveaux