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08-08-2023 EDC Agenda PacketA.5:30 P.M. - CALL TO ORDER B.APPROVAL OF AGENDA Commissioners may add or delete items at this time. C.APPROVAL OF MINUTES C.1 Approve Economic Development Commission Minutes of July 11, 2023. D.VISITOR PRESENTATIONS E.DISCUSSION / GENERAL BUSINESS ITEMS E.1 Tax Increment Financing and Tax Abatement Training F.DIRECTOR'S REPORT G.ADJOURNMENT AGENDA CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION TUESDAY, AUGUST 8, 2023 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 Economic Development Commission Item August 8, 2023 Subject Approve Economic Development Commission Minutes of July 11, 2023. Section APPROVAL OF MINUTES Item No: C.1 Prepared By Amy Weidman, Admin Support Specialist File No: SUMMARY BACKGROUND DISCUSSION RECOMMENDATION Staff recommends that the Economic Development Commission approve the July 11, 2023 Commission minutes. ATTACHMENTS Economic Development Commission Minutes of July 11, 2023 2 CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION REGULAR MEETING JULY 11, 2023 Chairman Anderson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Chair Eric Anderson, Commissioners Duke Zurek, Chris Freeman, Cohen Lee, and Luke Bame MEMBERS ABSENT: Stacy Goff STAFF PRESENT: Samantha DiMaggio, Economic Development Manager PUBLIC PRESENT: None Member Zurek move, Member Lee seconded to approve the agenda. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED JUNE 13, 2023 Member Zurek moved, Member Lee seconded to approve the Minutes of the Economic Development Commission meeting dated June 13, 2023, as presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0. DISCUSSION/GENERAL BUSINESS ITEMS: 1. Updating the City’s Business Subsidy Policy Economic Development Manager Samantha DiMaggio shared a draft of an updated Business Subsidy Policy. Members discussed various cities’ business subsidy policies, including how employee pay is tied to the subsidy, and benefits of industrial versus commercial jobs. They discussed minimum wage, average wage, and living wage. Business subsidies can’t be based only on increasing tax base. The commission expressed the desire to keep the wage requirements feasible for employers. Member Zurek moved to recommend that 33% of full-time equivalent positions be paid 200% of the State of Minnesota minimum wage at the time of the subsidy grant. Member Lee seconded this motion. The motion carried with a vote of 4 to 1. Member Freeman voted nay. 3 Economic Development Commission – July 11, 2023 2 Director’s Report: Ms. DiMaggio took a tour of Lake Place, a 55-plus apartment complex in town. They received a Housing TIF, so a percentage of units need to remain affordable. She shared that there will be an open house on August 8, 2023. Ms. DiMaggio stated there will be a City Council work session on July 17, 2023, with Roers about the redevelopment project in downtown Chanhassen. Roers has the hotel and movie theater land under contract. The city would like retail on the lower level. ADJOURNMENT: Member Zurek moved, Member Lee seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Commission meeting was adjourned the meeting at 6:52 p.m. Submitted by Samantha DiMaggio Economic Development Manager Prepared by Amy Weidman Administrative Support Specialist 4 Economic Development Commission Item August 8, 2023 Subject Tax Increment Financing and Tax Abatement Training Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: E.1 Prepared By Sam DiMaggio, Economic Development Manager File No: SUMMARY Training and discussion on Tax Increment Financing and Tax Abatement. BACKGROUND Tax Increment financing (TIF) is a financing tool meant to support local economic development, redevelopment, and housing development that would not otherwise occur without assistance. As its name suggests, TIF uses the incremental property taxes, or “tax increments,” generated by the increased taxable value of a new development to help finance qualifying costs. TIF is not a tax reduction; taxes are paid on the full taxable value. The original taxable value continues to be part of the tax base that supports the tax levies of the city, county, school district, and other taxing jurisdictions. The new, additional value from development activity is “captured” from the tax base for the duration of the TIF district. After the TIF district is terminated, or “decertified,” the captured value becomes part of the tax base. Minnesota law allows political subdivisions—cities, counties, school districts, and towns—to abate property taxes in order to promote local economic growth. Minn. Stat. §§ 469.1812-469.1815. Economic development property tax abatements differ from traditional abatements where the valuation of the property, its property taxes, or its costs, interest, or penalties of property taxation are reduced. An economic development abatement allows a political subdivision to expend money to benefit a property in one of a number of ways, including by reducing property taxes, deferring payment of property taxes, or spending the money directly on improving the property. A political subdivision will often grant an abatement pursuant to an abatement agreement with the landowner; in exchange for the abatement, the land owner agrees to develop the land in a way that will promote local economic development. DISCUSSION RECOMMENDATION As this is a training, no further action is required. 5 ATTACHMENTS Tax Increment Financing Tax Abatement 6 M i n n e s o t a H o u s e R e s e a r c h D e p a r t m e n t Please note, Minnesota House Research Department staff are best contacted by email (which can be found in the staff directory).× How TIF Works: Basic Mechanics What is the primary purpose of TIF? Tax increment financing (TIF) is a method of financing real estate development costs--i.e.: 1. to encourage developers to construct buildings or other private improvements, or 2. to pay for public improvements, such as streets, sidewalks, sewer and water, and similar improvements. What is the source of the financing? TIF uses the additional property taxes paid as a result of development in the district to pay for part of the development costs. When a new building is constructed, the market value of the property and its property taxes typically rise. Classic examples would be building a new store on an undeveloped parcel or replacing one or more old buildings with a new, larger building. In both of these instances, the market value of the property will rise because the improvements add value to the parcel. How do the mechanics of TIF work? When a TIF district is created, the county auditor certifies the current tax capacity of the proper ties in the district as the TIF district's "original tax capacity." As the property in the district increases in value, these increases above the original tax capacity are "captured." The law refers to this amount as the district's "captured tax capacity." When a TIF district is created, the county auditor also certifies an "original tax rate." The original tax rate is total property tax rate that applies in the district, i.e., the tax rates imposed by all of the local governments that levy taxes (the city/town, county, school district, and special taxing districts). The "tax increment or increment" for the district is determined by multiplying the original tax rate by the captured tax capacity. This roughly equals the taxes paid by the captured tax capacity or the increase in taxes that occur as a result of the development. What are the typical uses of TIF? TIF traditionally was used as a means of redeveloping urban areas that had old or worn-out buildings in need of replacement or rehabilitation. It was initiated as a tool to help with urban renewal (redeveloping "slums" and "blighted" areas). Its use has spread to other purposes. TIF in Minnesota is generally used to: Redevelop areas occupied with substandard buildings Build housing for low-income and moderate-income families Clean up pollution Provide general economic development incentives Finance public infrastructure, such as streets, sewer, water, sidewalks, and similar improvements. (This is not an explicit purposes of TIF, but Minnesota cities frequently use it for this purpose.) What is an example of how TIF is used? Developer is considering building an office building. The city would like to redevelop a site that consists of three parcels of proper ty (parcels A, B, and C in the figure below). Parcel A is vacant and Parcels B and C contain substandard commercial buildings. Parcel D contains a building in good shape. Construction of the office building will require demolition of the two buildings, new utilities (sewer and water), and closing an alley. The cost of acquiring the property, demolishing the substandard buildings, and putting in the utility and alley improvements is $1.5 million. However, Developer could obtain a comparable site elsewhere in the area for $500,000, including special assessments for utilities. The three parcels have a tax capacity of $24,000 and pay $33,600 a year in property taxes (at a 1.4 rate). But if Developer builds the planned $5 million office building, the tax will rise to $304,000 per year (an increase of $280,000).7 To induce Developer to build on the site, the city designates a project area and creates a TIF district that includes the development site. The district consists of parcels A, B, C, and D (the shaded area). (Parcel D must be included to permit the site to qualify as a redevelopment district under state law.) The district is illustrated in the figure. The city agrees with Developer to acquire the site, demolish the substandard buildings, and put in the utility improvements and vacate the alley. The city, in turn, sells the site to Developer for its market value of $500,000. This is commonly called "writing down" the cost of the land. The city's $1.5 million cost is "written down" to $500,000. (The city could write it down to zero–in effect, giving the land to Developer.) The computation of the increment is shown in the table. The "project area" is the area in which increment may be spent (e.g., if some of the sewer and water improvements may actually be outside of the district). The extent to which this may be done is restricted by the rules on "pooling." Project Area TIF District Parcel A (Vacant land) Parcel B (Substandard building) Parcel C (Substandard building) Parcel D (Building in good condition) Computation of Tax Increment Parcel Original Tax Capacity Post Development Tax Capacity Captured Tax Capacity A $18,000 $224,000 $200,000 B $3,000 C $3,000 D $124,000 $124,000 0 Total $148,000 $348,000 $200,000 Tax Rate 1.4 Tax Increment $280,000 (tax rate x captured tax capacity) Does the increment equal the full taxes paid by the captured value? In Minnesota this is frequently not the case. The original tax rate limits increment to the taxes generated by the tax rates in effect when the district was created. Thus, if the local governments increase their tax rates (e.g., to increase revenues or because of changes in the tax base), the increased rates do not yield more increment. Fur thermore, in the Twin Cities metropolitan area and in the taconite tax relief area, increment may be reduce by the fiscal disparities contribution for the district's proper ties, if the city elects that option. Does TIF capture value increases from inflation or general market effects, as well as those attributable to new improvements? Yes, the mechanics of TIF capture all of the increase in value of the district. Thus, increments may be attributable to: Construction of improvements Overall inflation in property values unrelated to development Market effects that are attributable to the TIF development, if the properties are in the TIF district. (Proximity to a new development, in many cases, will increase the value of surrounding properties.) Market effects that are unrelated to the TIF development, if the properties are in the TIF districts. (Market values in areas around TIF districts may increase and these increases may be caused by factors, such as shifts in locational values or tastes, other than the TIF development. For example, some researchers have observed the tendency of cities to put TIF districts in areas that are already experiencing rising property values.) 8 What types of developments are not good candidates for TIF assistance? TIF works because developments frequently increase taxable market values. For developments that do not significantly increase taxable market value, TIF will not generate enough revenues to use to help finance the development. This presents problems for: Developments that do not increase the intensity of land uses or that decrease the intensity of land use. For example, TIF works if the development replaces an apartment building with a large office building or single family homes with large apartment buildings. But it does not work well if one wishes to replace a deteriorated apartment building with single family homes. Tax-exempt developments (e.g., nonprofits or government buildings). Since these properties are exempt from property taxes, they do not generate increments and, thus, cannot be financed with increments, unless increments are taken from other developments. What are other limitations to using TIF as a financing method? Development costs must be paid "up-front" or at the very beginning of the development, but the increased property taxes (increments) are not paid until later and, then, only in modest amounts (relative to the development costs) spread over many years. This creates an imbalance or mismatch between costs and revenues. TIF traditionally overcomes this mismatch by issuing bonds. These bonds pay for: 1. Development cost (e.g., site acquisition), 2. Interest on the bonds until increments are received. The need to pay these interest costs on borrowing, pending receipt of increments is commonly referred to as capitalizing interest. The need to capitalize interest means that increment flows must be larger to pay off this component of the cost. Before 1986, municipal bonds were routinely used as par t of TIF financing. These bonds were usually tax exempt, providing a lower interest rate to the city and the developers. The 1986 tax reform made it more difficult to issue tax-exempt bonds for this purpose. This took away much of the incentive for the local governments to borrow in anticipation of receipt of tax increments. The practice in Minnesota now often does not use bonds, but instead expects developers to pay the costs and to be reimbursed as increments become available. This approach (called "pay-as-you go" financing) shifts the "capitalized interest" costs to the developers. In some cases, the city or development authority absorbs the cost by advancing its money (e.g., from another city or authority fund) until it can be reimbursed with the increments. If the city accepts lower or no interest on these advances, it is using these funds to assist or subsidize the development. November 2009 9 By Justin Cope, justin.cope@house.mn Economic Development Property Tax Abatement January 2023 What is economic development property tax abatement? Minnesota law allows political subdivisions—cities, counties, school districts, and towns—to abate property taxes in order to promote local economic growth. Minn. Stat. §§ 469.1812-469.1815. Economic development property tax abatements differ from traditional abatements where the valuation of the property, its property taxes, or its costs, interest, or penalties of property taxation are reduced. An economic development abatement allows a political subdivision to expend money to benefit a property in one of a number of ways, including by reducing property taxes, deferring payment of property taxes, or spending the money directly on improving the property. A political subdivision will often grant an abatement pursuant to an abatement agreement with the landowner; in exchange for the abatement, the land owner agrees to develop the land in a way that will promote local economic development. When and how can an economic development abatement be granted? To grant an abatement, the political subdivision must expect the benefits of the abatement to equal or exceed its costs. The political subdivision must also find that the abatement will serve the public good in one of a number of ways, such as increasing the tax base, redeveloping blighted areas, or providing employment opportunities, public facilities, or access to services. Before granting an abatement, a political subdivision must provide notice of the prospective abatement and hold a public hearing. After the hearing, the governing body of the political subdivision may grant an abatement by adopting an abatement resolution that specifies the terms of the abatement. Which property taxes may be abated? A political subdivision may only abate the property taxes it imposes by resolution. It cannot abate the taxes imposed by another political subdivision, by the state, or by a special taxing district, such as a watershed district. It also cannot abate taxes imposed pursuant to state law, such as the fiscal disparities tax. Despite these limitations, a political subdivision may grant an economic development abatement at an amount that offsets one of these taxes. What are the limits on an abatement? Usually, an abatement can last no more than 15 years, but a political subdivision may extend the duration to 20 years if it asks the other political subdivisions containing the property to grant the property an abatement and if any of the other political subdivisions refuses the request. When adopting the abatement resolution, the political subdivision may limit the abatement to a specific dollar amount per year or in total, to increases in property taxes resulting from increases in property value, or to interest and penalties if it chooses to grant the abatement as a deferral of property tax payments by the parcel owner. The annual value of all economic development abatements granted by a political subdivision may not exceed the greater of (1) $200,000, or (2) 10 percent of the net tax capacity of the political subdivision. 10 Economic Development Property Tax Abatement How is an abatement implemented? An abatement may take several forms: the political subdivision may pay the parcel owner the amount of the abatement; the political subdivision may defer payment of property taxes on the parcel and forgive interest and penalties for late payment; or the political subdivision may use the money directly to improve public infrastructure. No matter how the political subdivision implements the abatement, the amount of the abatement is added to the subdivision’s property tax levy, which is collected through taxation on all properties in the subdivision, including the parcel receiving the abatement. What bonding powers does a political subdivision granting an abatement have? A political subdivision granting an economic development abatement may issue bonds to be paid with the abatement. The bonds can be general obligation bonds or revenue bonds and can be used for a number of purposes, including paying for public improvements, acquiring land, or reimbursing the property owner for improvements to the land. The Department of Education advises school districts that without voter approval, they may only issue abatement bonds for school parking improvements.1 How do abatements compare with tax increment financing? The legislature designed the abatement law as an alternative to and a supplement to tax increment financing (TIF). Both tools can be used for similar purposes, rely on property tax funding, and have similar bonding powers, but they differ in at least three important respects. First, some TIF districts last 25 years, while abatements typically last only 15 years. Second, TIF allows a municipality acting unilaterally to capture all local property taxes, while an abatement captures only the property taxes imposed by the granting political subdivision. Finally, TIF is subject to more legal restrictions than an abatement. Restrictions on TIF include a blight test for redevelopment districts, the but-for test, and strict limits on how increments may be spent. (See the House Research website for more information on TIF at www.house.mn/hrd/issinfo/tifmain.aspx.) How widely has abatement been used? The following amounts of abatement levies were reported for property taxes payable in 2022, as reported to the Departments of Revenue (cities and counties) and Education (schools). Political Subdivision Number Amount Cities 70 $13,052,859 Counties 40 $2,517,907 School districts 11 $347,000 Total 121 $15,917,766 Minnesota House Research Department provides nonpartisan legislative, legal, and information services to the Minnesota House of Representatives. This document can be made available in alternative formats. www.house.mn./hrd | 651-296-6753 | 155 State Office Building | St. Paul, MN 55155 1 https://education.mn.gov/MDE/dse/schfin/fac/MDE073628 11