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1i Tax Increment Financing Policy CITY OF CHANHASSEN 590 City Cmter Drive, PO Box 141 Chanhassm, Minnesota 55317 Phone 612.937.1900 Gmeral Fax 612.931.5139 Engineering Fllx 612.9T'.9152 Public Safety Fax 612934.2524 m'b /llll'll'.ei.e/!illlh,I-'.(i'Il.1iI1l.1IS i~ MEMORANDUM TO: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manage~6 . FROM: DATE: October 21, 1998 SUBJ: Approval of Tax Increment Financing Policy Attached for your review is the most recent draft of the proposed Tax Increment Financing Policy. Based on our last meeting, staff received the following changes from EDA members: 1) Adding a purpose statement under the heading of general policy to clearly state why Chanhassen uses TIF. 2) Deleting item #5 under project selection criteria because it was a redundant statement of item # 1. 3) Changing HotellMovie Theater to read Entertainment District to make clear which district was being addressed. 4) Adding a blank "but-for" analysis worksheet for developers to complete as a part of the TIF process. 5) Adding an area for certification for the "but-for" analysis worksheet. 6) Adding item #8 under application procedures to make clear developers must follow all city development review processes. (Changes are hi-lighted and/or struck-out within the text of the proposed policy.) RECOMMENDATION Staff recommends approval of the Tax Increment Financing Policy as attached. ATTACHMENT 1. City of Chanhassen Tax Increment Financing Policy IJe Ci~y ofCbt1nbassell. A gi'oll'ing eO!liIil!lni~y with elt.Dl /'!.~(S, q:ld!m !e/loe!.'. t1 c/;,i"iling dOll 'iltOli 'II, tllI'iring b:!siiifJ(ef. i!i!d be'!lItft!piiik... A g-"'ilt lolici', aNd p!{~)~ CITY OF CHANHASSEN TAX INCREMENT FINANCING POLICY OCTOBER 1998 ".;,;...'. .,-- I::"," ;;.:....~..~.; ~...,J.~..'...}}. -n ~ ~. .~ ~~, i' ~<i ~.~:. .~. ~"i~. ~ I ~~, :.\..~l. .~ ~ ~ -~. , (10/21/98) CITY OF CHANHASSEN TAX INCREMENT FINANCING POLICY Policy and Criteria Regarding Review of TIF Usage Application GENERAL POLICY The City Council of the City ofChanhassen has the power, should it deem necessary, to use Tax Increment Financing (TIF) based on Minnesota Statutes. The fundamental purpose ofTIF in Chanhassen is to encourage desirable and affordable housing, senior housing, and assisted living that would not otherwise occur "but for" the assistance provided through TIF. This policy shall be used as a guide in processing and reviewing applications requesting TIF assistance. PROJECT SELECTION CRITERIA TIF can benefit the community by providing a broad range of housing opportunities such as affordable housing, senior housing and assisted living. The Council reserves the right to approve or reject tax increment financing on an individual basis. Highest Priority Shall Be Given to Proiects Which Include: I. Compatibility of the proposed project with the City's overall development plans and objectives. 2. Broad range of housing opportunities such as affordable housing, senior housing and assisted living. 3. Minimal impact on City service needs. 4. High quality of the facility to be built. 5. Development whiCH will meet a &pecifie eOFlllRHnity need as determined by the City Council. PROJECT REOUlREMENTS I. Applicant at all times should retain and be assisted by qualified financial consultants and/or underwriters, and legal counsel. 2. Construction of the project shall not be commenced until the City has given preliminary approval to the application for financing. 3. The City reserves the right to deny any application for financing at any stage of the proceedings prior to adoption of the final approval authorizing issuance of the bonds. 4. The City reserves the right to select a third party administrator to assist in the management of the process. 5. The City will only consider a "pay as you go" plan for high quality industrial developments in existing TIF districts(National Weather, 2-2; Hennepin County, 3-1; Gateway, 6-1; and Hotel/Mo'lie Theater Entertainment District, 4). 6. Development must be of the highest quality with high quality building materials and landscaping as agreed between the City and the Developer. 7. Developer must pay all costs of establishing the district unless the City agrees to allow costs to come out of the district. 8. Local requirements may be more stringent than State statute as applies to TIF. 9. Project meets "but for" analysis and statutory qualifications (Exhibit A). ACTIVITES TO BE CONSIDERED FOR FINANCING I. Land write down 2. Costs of streets and utilities 3. Demolition and relocation costs 2 4. City costs such as trunk utility costs, street costs, and MSA reimbursement 5. Extraordinary landscaping and lighting 6. Soil corrections APPLICA nON PROCESS 1. The application process must be completed in accordance with TIF application procedures (Exhibit B). 2. Applicant shall make an application for TIF usage on forms available from the City. 3. The application will include (if appropriate): A. Statement of Public Purposes B. Description of Project C. Plans and Drawings of Project D. Description of Company E. Legal Opinions F. Investment Bank Letter of Feasibility G. Market Analysis H. Pro Forma Analysis 1. Financial Statements J. Zoning and Planning Analysis K. Application Fee L. Demonstration of past successful general development capability as well as specific capability in the type and size of development proposed. M. Other Documentation Requested by the City 3. The City's tax increment financing program will be administered by the City ofChanhassen Economic Development Authority (EDA). The applicant shall submit a completed application and a $2,000 non- refundable application fee. The application fee shall be paid to the Chanhassen EDA at the time a final TIF application is submitted. At the time a final TIF application is submitted, the applicant shall also deliver to the City a deposit in the amount of $10,000. The purpose of this deposit is to reimburse the City for costs and expenses incurred in connection with preparation of the development agreement and the carrying out of all actions necessary in the fulfillment or the City's obligations. Any part of the deposit not needed for those purposes shall be promptly returned to the Redeveloper not later than the date of issuance of the Certificate of Completion, or within 15 days following the termination of the Development Agreement for failure to close. It is understood the deposit is not a limitation on the Redeveloper's obligation to reimburse the City for such costs; and the Redeveloper shall pay the City for any such costs in excess of the deposit within 30 days following a written request to do so. 4. City staffwill review the data and make preliminary recommendations to the City Council as to compliance of the application and proposed project with City objectives and criteria/Strategic Plan. 5. Formal evaluation of the application will include, in addition to items subject to preliminary review, review of applicable credit analysis, credit enhancement and legal compliance. Formal recommendation will then be made to the City Council. 6. After evaluation of the formal recommendation, the City Council will consider final approval of the establishment of the TIF District and hold the appropriate hearings. 7. All applications and supporting materials and documents shall become the property of the City. 3 CITY OF CHANHASSEN APPLICA nON FOR TAX INCREMENT FINANCING Business Name: Project Cost Breakdown: Address: $ Location of Proposed Development: $ $ Type(Partnership, etc.): $ Telephone: Total: $ Nature of Business: Date: HISTORY OF APPLICANT I. Have you ever filed bankruptcy? Yes_ N 0_ If yes, provide details on separate sheet. 2. Have you ever defaulted on any loan commitment? Yes_ No_ If yes, provide details on separate sheet. 3. Have you ever applied for conventional financing for the project? Yes_ No_ I f yes, provide details on separate sheet. If no, why not? 4. List financial references: Name/Address/Contact a. b. c. 5. Other information pertinent to your application: 6. Name of Counsel: 4 INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT FOR EXISTING INDUSTRIAL DEVELOPMENT LOCATED IN TIF DISTRICTS(National Weather, 2-2: Hennepin County, 3-1: Gatewav,6-1: and Betell-Me'lie Theater Entertainment District, 4). 1. Is the proposed project a new facility or rehabilitation and/or expansion of existing facility? 2. Industrial/Commercial: 3. What is the present employment of your firm? 4. What will the employment be at completion of project? 5. Estimated Project Cost? 6. What is the principal business or product of the company? 7. Potential other use of proposed development? 8. Will this development attract other related industries? Yes_ No_ How'! 9. What are the proposed financing arrangements? 5 INFORMATION CONCERNING APPLICANT'S PROPOSED HOUSING PROJECT I. Is the proposed housing project a new facility or rehabilitation and/or expansion of existing facility? 2 Housing Type(single family, multi-family, apartments, condominiums, etc.): 3. Number of units: 4. Number of bedrooms in each unit: 5. Sale price of the units: or 6. Rental price of the units: 7. Estimated total project cost and breakdown of overall development costs? 8. Who are you principally marketing your product to? 9. How long do you think it will take to sell or rent your product? II. Do you have linkages/contacts with Chanhassen businesses? Please explain(Reason: To see if you are meeting the local business needs.) 12. What are the proposed financing arrangements? 13. How are you proposing to meet alternate transportation needs? 6 EXHIBIT A SAMPLE "BUT-FOR" ANALYSIS WITH NO TAX INCREMENT WITH TAX INCREMENT Sources and Uses Sources and Uses SOURCES SOURCES Mortgage 9,600,000 8,667,000 Equity 2,400,000 2,400,000 Tax Increment 0 933,000 TOTAL SOURCES 12,000,000 12,000,000 USES USES Land 1,500,000 1,500,000 Sitework 300,000 300,000 Soil Correction 468,000 468,000 Demolition 100,000 100,000 Rc!ocation 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 12,000,000 I 12,000,000 I TOTAL USES Income Statement Income Statement Sq.Ft. Per Sq. Ft. Sq.Ft. Per Sq. Ft Rent-Space 1 100,000 $8.00 800,000 100,000 $8.00 800,000 Rent-Space 2 25,000 $8.00 212,000 25,000 $8.00 212,000 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% 9,600,000 8,667,000 Net Income Total Return on E 185,854 7.74% 288,061 12.00% 7 "BUT-FOR" ANALYSIS WORKSHEET WITH NO TAX INCREMENT WITH TAX INCREMENT Sources and Uses Sources and Uses SOURCES SOURCES Mortgage Equity Tax Increment TOTAL SOURCES USES USES Land Sitework Soil Correction Demolition Relocation Subtotal Land Costs Construction Finish Manufacturing Subtotal Construction Costs Soft Costs Taxes Finance Fees Project Manager Developer Fee Contingency Subtotal Soft Costs TOTAL USES Income Statement Income Statement Sq. Ft. Per Sq. Ft. Sq. Ft. Per Sq. Ft Rent-Space I Rent-Space 2 Rent-Space 3 Other I Mortg,g' I Net Income Total Return on EqUIty I hereby certify the above financial information is true and accurate. Signature Title Date 8 EXHIBIT B CITY OF CHANHASSEN APPLICATION PROCEDURES FOR TIF ASSISTANCE 1. Applicant shall meet with City staff to discuss the scope of the project, public assistance being requested, time schedule and other information as may be necessary. 2. Following an initial meeting, applicant shall complete a TIF application. The completed application shall be submitted to the Executive Director of the Economic Development Authority. 3. The application shall be reviewed by City staff on a preliminary basis as to the feasibility of the project. City staff shall prepare a report on the project. 4. The application shall be placed on an EDA agenda for concept review. The applicant may make a presentation of the project at that time. City staff will present its preliminary findings. 5. The following items must accompany the application: a. $2,000 application fee b. Completed "but-for" worksheet c. $10,000 application deposit d. Statement of Public Purpose e. Description of Project f. Plans and Drawing of Project g. Company Background Material h. Letter of Feasibility 1. Market Analysis J. Pro Forma Analysis k. Financial Statements 1. Zoning and Comprehensive Plan Analysis m. Other Pertinent Information 6. Following the necessary analysis of the application by City staff, a report shall be prepared and presented to the EDA for formal action. If the application is approved, City staff will be directed to undertake the following steps: a. Prepare a redevelopment agreement between the EDA and the Developer; b. Prepare or modify the redevelopment plan and TIF plan if required. 7. If zoning amendments or Planning Commission action is required as part of the project, the appropriate actions shall be taken prior to final consideration of the redevelopment agreement. 8. Applicant must follow all city development review processes (e.g. site plan, platting, rezoning, PUD, etc.) before fmal TIF application may be approved. If you have any questions concerning the Tax Increment Financing application process, please contact: City of Chanhassen EDA Executive Director 690 City Center Drive PO Box 147 Chanhassen, MN 55317 (612)937-1900 ext. 110 9