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HomeMy WebLinkAbout4.B.. Approval of Resolution No. 2014-3, A Resolution Authorizing the Establishment of a policy and Procedures for Tax Abatement General Business 4. B. SHAKOPEE TO: Economic Development Authority FROM: Samantha DiMaggio, Economic Development Coordinator DATE: 03/18/2014 SUBJECT: Approval of Resolution No. 2014 -3, A Resolution Authorizing the Establishment of a Policy and Procedures for Tax Abatement Background The City has approved Tax Abatement in the past but has had no formal policy in terms of what performance criteria the applicant should meet, in such things as job creation, wage requirements, and the like. City Staff has developed this policy in collaboration with the City Attorney's office, Kennedy & Graven, and the City's Financial Adviser, Springsted. Staff has also reviewed the current policies from a variety of other cities within the State of Minnesota. Minnesota law authorizes political subdivisions to grant property tax abatements for economic development (e.g., to encourage a business to locate or expand at a location or to redevelop an area). Minn. Stat. §§ 469.1813- 469.1816. Abatements may be either permanent forgiveness or temporary deferral of property tax. Abatements can serve similar purposes to tax increment financing (TIF), a widely used development tool. The legislature enacted the abatement law in 1997 to provide an alternative to TIF and to supplement it. These economic development tax abatements should be distinguished from property tax abatements that are granted by the county board primarily to correct errors (e.g., to reduce the assessor's market value or to change the classification of the property). Minn. Stat. § 375.192. The law allows abatements to be used for a broad range of projects and purposes, if the political subdivision finds that public benefits exceed the costs. Permitted uses of abatements include the following: • General economic development, such as increasing the tax base or the number of jobs in the area • Construction of public facilities or infrastructure (e.g., streets and roads) • Redevelopment of blighted areas Providing access to services for residents (e.g., housing or retail would be common examples) • Deferring or phasing in a large (over 50 percent) property tax increase • Stabilizing the tax base resulting from the updated utility valuation administrative rules • Providing relief for businesses with estimated market value of $250,000 or less who have disrupted access due to public transportation projects Counties, cities, towns, and school districts may grant abatements of the taxes they impose. The governing body grants an abatement by resolution. For towns, action at the town meeting is not required. Taxes imposed by special taxing districts (e.g., watersheds or regional agencies) cannot be abated. Similarly, the state general property tax (on commercial /industrial and seasonal- recreational properties) cannot be abated. In the Twin Cities metropolitan area and on the Iron Range, the fiscal disparities tax cannot be explicitly abated. However, a political subdivision may increase its abatement amount to reflect the amount of the tax imposed under fiscal disparities. The abatement does not directly enter into the fiscal disparities calculations. The political subdivision sets the length of the abatement, which cannot exceed 15 years. The term can be extended to 20 years if only two of the three political subdivisions (city/town, county, and school district) grant an abatement. The total amount of property taxes abated may not exceed the larger of: 10 percent of the net tax capacity of the political subdivision, or $200,000. The abatement resolution, approved by the political subdivision, specifies the duration and the amount of property taxes that will be abated. The political subdivision has considerable flexibility in setting the terms of the abatement; for example, it may set the abatement as a percentage of tax payable, a dollar amount, tax attributable to a portion of the parcel's market value, or something else. The local government adds the abatement to its property tax levy for the year. (The abatement levy is not subject to levy limits.) The owner pays property tax on a parcel and the political subdivision uses the payments as provided by the abatement resolution. For example, the abatement may be used to pay bonds or be given back to the property owner. The abatement law authorizes the issuance of bonds to be paid back with the abatements. For example, bonds could be issued to construct public improvements or to pay for a site for a business. As the property owners pay the abated taxes, they are used to pay the bonds. These bonds can be general obligation bonds or revenue bonds. The abatement bond provisions parallel those in the TIF law: the abatement bonds are not subject to referendum approval and are excluded from debt limits. The legislature designed the abatement law as an alternative to and a supplement to TIF. The two programs can be used for similar purposes and both rely upon property tax funding. Both programs have very similar bonding powers. However, abatement and TIF differ in important respects. Some differences include: • TIF can be used for longer durations (up to 25 years in some cases) than abatements (typically 15 years) • TIF requires approval only by the municipality (usually the city) to capture all local property taxes, while abatement requires each entity's approval to capture its taxes and cannot capture special district taxes • TIF use is subject to more legal restrictions than abatement. These include a blight test for redevelopment districts, but -for findings, and stricter limits on what increments may be spent on. Abatement is more flexible. Abatement, like TIF, is offered in Shakopee when jobs are created that pay a living wage. The City of Shakopee has adopted a Business Subsidy Policy which requires a minimum of 200% of the Federal minimum wage, or $14.50 per hour Action Sought If the EDA concurs, it should, by motion, approve the following Resolution: Resolution No. 2014 -3, A Resolution Authorizing the Establishment of a Policy and Procedures for Tax Abatement. Attachments: 2014 -3 Policy Information Sheet CITY OF SHAKOPEE, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2014-3 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POLICY AND PROCEDURES FOR TAX ABATEMENT WHEREAS, The City of Shakopee, Minnesota, Economic Development Authority (the "City") has the authority to issue tax abatement pursuant to Minnesota Statutes, Sections 469.1812 to 469.1816 (the "Tax Abatement Act') , and WHEREAS, the City desires to be proactive in the promotion and stimulation of economic growth, and WHEREAS, the issuance of tax abatement by the City is perceived to be of assistance in aiding financially in the industrial and economic development of the City of Shakopee, and WHEREAS, the Economic Development Authority deems it advisable to develop a policy and procedure for the issuance of such financing; NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that, the attached Tax Abatement Policy for the City of Shakopee is hereby adopted, effective March 18, 2014. Adopted in regular session of the Economic Development Authority of the City of Shakopee, Minnesota held this Day of , 2014. Matt Lehman, President ATTEST: Julie Linnihan, City Clerk City of Shakopee, Minnesota TAX ABATEMENT POLICY 1) POLICY PURPOSE For the purposes of this document the term "City" includes the Shakopee City Council, Staff Advisory Boards and Commission, Financial consultants, and legal counsel. The purpose of this policy is to establish the City of Shakopee's position relating to the use of Tax Abatement for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax abatement assistance. It is the intent of the City to minimize the risk and amount of business assistance to a project and to leverage its public dollars to maximize private sector funding. The City of Shakopee (City) is granted the power to utilize Tax Abatement by Minnesota Statutes 469.1812 through 469.1816, as amended. The fundamental purpose of Tax Abatement in Shakopee is to encourage desirable development or redevelopment that would not otherwise occur but -for the assistance provided through the tax abatement. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on City services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of business assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. The City Council can deviate from this policy for projects that supersede the objectives identified herein. 2) OBJECTIVES OF TAX ABATEMENT As a matter of adopted policy, the City will consider using the use of Tax Abatement to assist private development projects that must, at a minimum, achieve one of the following objectives: • To retain local jobs and /or increase the number and diversity of jobs that offer stable employment and /or attractive wages and benefits. • Projects that provide value in the forms of needed transportation and other utility infrastructure improvement that would be completed in conjunction with the project. • To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off' development. • To facilitate the development process and to achieve development on sites which would not otherwise be developed but -for the use of Tax Abatement. • To remove blight and /or encourage redevelopment of commercial and industrial areas in the City that result in high quality redevelopment and private reinvestment. 2014 Page1 • To offset increased costs of redevelopment (i.e. contaminated site clean -up) over and above the costs normally incurred in development. • To create opportunities for affordable housing. • Projects that improve the quality of life in the City by providing a desirable good or service and address an unmet demand in the community. 3) TAX ABATEMENT PROJECT REQUIREMENTS 1. Tax Abatement assistance shall be provided to the developer upon receipt of the increment by the City otherwise referred to as the pay -as- you -go method. Requests for up front financing will be considered on a case by case basis. 2. Any developer receiving assistance shall provide a 20% cash equity investment in the project. The local government assistance shall not be used to supplant cash equity. 3. Minimum investment for new businesses is $10,000,000 and for expansions $5,000,000, unless an exception is granted by the City. 4. The length or term of any Tax Abatement assistance will be based on need for each project as determined by the City. 5. Assistance shall not be provided for reimbursement of land and /or property price that is in excess of fair market value. An appraisal by a third party, agreed upon by the City and Developer, will determine the fair market value of the land. 6. The Developer shall be able to demonstrate a market demand for a proposed project. Assistance shall not be granted to support purely speculative projects. 7. Business assistance shall not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. 8. Business assistance shall not be provided for projects that would place extraordinary demands on City services or for projects that would generate significant environmental impacts. 9. The developer must provide adequate financial guarantees to ensure completion of the project, including, but not limited to: assessment agreements, letters of credit, personal guarantees, etc. unless an exception is granted by the City. 10. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. 11. For the purposes of analyzing the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. 12. At least one full time job must be created or retained per $25,000 of abatement provided. 4) SUBSIDY AGREEMENT & REPORTING REQUIREMENTS • All developers /businesses receiving tax abatement assistance from the City of Shakopee shall be subject to the provisions and requirements set forth by State Statute 116J.993 and summarized below. Developers /businesses must also comply with the City's Business Subsidy Policy. 2014 Page 2 • The developer /business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and performance agreement have been met, whichever is later. Underperforming projects shall result in reduced assistance on a pro rata basis or potentially repayment of some or all of the assistance. • Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Shakopee no later than April 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the City within 30 days of meeting the requirements. • The developer /business will be required to attain or exceed the jobs and wages goals set forth in the Subsidy Agreement. • In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the applicant shall meet the qualifications set forth in Section 3, Project Requirements, of this document. • Developers /businesses failing to comply with the above provisions will be subject to fines, repayment requirements, and be deemed ineligible by the State of Minnesota to receive any loans or grants from public entities for a period of five years. • APPLICATION PROCESS 1) Applicant submits the completed application 2) City staff reviews the application and completes a project score sheet. 3) Results of the score sheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4) If preliminary approval is granted, the applicant submits the application fee of $12,000. The process for creating a Tax Abatement project area, including all necessary notices, resolutions and certificates prepared by City staff and /or consultants is begun. The application funds will be placed in a non - interest bearing account and any unused portion of the fee will be returned to the applicant. 5) Public hearing notices are published. 6) Public hearing(s) on the proposed project are held. 7) The City Council grants final approval or denial of the proposal. *This policy shall be reviewed on a biannual basis with the next review being set for April, 2016. 2014 Page 3 HOUSE RESEARCH Short Subjects Joel Michael Updated: June 2012 Property Tax Abatements for Economic Development What is economic Minnesota law authorizes political subdivisions to grant property tax abatements development for economic development (e.g., to encourage a business to locate or expand at a property tax location or to redevelop an area). Minn. Stat. §§ 469.1813- 469.1816. abatement? Abatements may be either permanent forgiveness or temporary deferral of property tax. Abatements can serve similar purposes to tax increment financing (TIF), a widely used development tool. The legislature enacted the abatement law in 1997 to provide an alternative to TIF and to supplement it. These economic development tax abatements should be distinguished from property tax abatements that are granted by the county board primarily to correct errors (e.g., to reduce the assessor's market value or to change the classification of the property). Minn. Stat. § 375.192. For what purposes The law allows abatements to be used for a broad range of projects and may abatements be purposes, if the political subdivision finds that public benefits exceed the costs. used? Permitted uses of abatements include the following: • General economic development, such as increasing the tax base or the number of jobs in the area • Construction of public facilities or infrastructure (e.g., streets and roads) • Redevelopment of blighted areas • Providing access to services for residents (e.g., housing or retail would be common examples) • Deferring or phasing in a large (over 50 percent) property tax increase • Stabilizing the tax base resulting from the updated utility valuation administrative rules • Providing relief for businesses with estimated market value of $250,000 or less who have disrupted access due to public transportation projects Which local Counties, cities, towns, and school districts may grant abatements of the taxes governments can they impose. The governing body grants an abatement by resolution. For grant abatements? towns, action at the town meeting is not required. Taxes imposed by special taxing districts (e.g., watersheds or regional agencies) cannot be abated. Similarly, the state general property tax (on commercial/industrial and seasonal - recreational properties) cannot be abated. In the Twin Cities metropolitan area and on the Iron Range, the fiscal disparities tax cannot be explicitly abated. However, a political subdivision may increase its abatement amount to reflect the amount of the tax imposed under fiscal disparities. The abatement does not directly enter into the fiscal disparities calculations. How long does an The political subdivision sets the length of the abatement, which cannot exceed abatement apply? 15 years. The term can be extended to 20 years if only two of the three political subdivisions (city /town, county, and school district) grant an abatement. What is the The total amount of property taxes abated may not exceed the larger of: limitation on • 10 percent of the net tax capacity of the political subdivision, or abatements? • $200,000. How do the The abatement resolution, approved by the political subdivision, specifies the mechanics of duration and the amount of property taxes that will be abated. The political abatement work? subdivision has considerable flexibility in setting the terms of the abatement; for example, it may set the abatement as a percentage of tax payable, a dollar amount, tax attributable to a portion of the parcel's market value, or something else. The local government adds the abatement to its property tax levy for the year. (The abatement levy is not subject to levy limits.) The owner pays property tax on a parcel and the political subdivision uses the payments as provided by the abatement resolution. For example, the abatement may be used to pay bonds or be given back to the property owner. May abatements be The abatement law authorizes the issuance of bonds to be paid back with the used to pay bonds? abatements. For example, bonds could be issued to construct public improvements or to pay for a site for a business. As the property owners pay the abated taxes, they are used to pay the bonds. These bonds can be general obligation bonds or revenue bonds. The abatement bond provisions parallel those in the TIF law: the abatement bonds are not subject to referendum approval and are excluded from debt limits. How do abatements The legislature designed the abatement law as an alternative to and a supplement compare with TIF? to TIF. The two programs can be used for similar purposes and both rely upon property tax funding. Both programs have very similar bonding powers. However, abatement and TIF differ in important respects. Some differences include: • TIF can be used for longer durations (up to 25 years in some cases) than abatements (typically 15 years) • TIF requires approval only by the municipality (usually the city) to capture all local property taxes, while abatement requires each entity's approval to capture its taxes and cannot capture special district taxes • TIF use is subject to more legal restrictions than abatement. These include a blight test for redevelopment districts, but -for findings, and stricter limits on what increments may be spent on. Abatement is more flexible. How widely has The following amounts of abatement abatement been levies were reported for property taxes Number Amount used? payable in 2011, as reported to the Cities 62 $8,152,836 Departments of Revenue (cities and Counties 31 3,211,570 counties) and Education (schools). Schools 8 881,069 Total 101 $12,245,475 For more information: Contact legislative analyst Joel Michael at joel.michael @house.mn. Also see the House Research publication Tax Increment Financing, October 2011. The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative, legal, and information services to the entire House. House Research Department 1 600 State Office Building 1 St. Paul, MN 55155 1 651 - 296 -6753 1 www.house.mn /hrd /hrd.htm