HomeMy WebLinkAbout5.A. Amended Business Subsidy Policy
S.ct.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Economic Development Authority
FROM: Paul Snook, Economic Development coordinat~
SUBJECT: Amended Business Subsidy Policy
1. Provide direction regarding a wage floor in amending
Business Subsidy Policy
2. Provide opportunity for public input regarding the proposed
amended Business Subsidy Policy
3. Re-set a Public Hearing Date of October 21,2003 for
Amending the Business Subsidy Policy
MEETING DATE: October 7,2003
Introduction & Background:
State and local government agencies with the authority to provide business subsidies with
state or local government funds, and entities created or authorized by a local government
with this authority (such as economic development authorities and port authorities), are
subject to the law, the Business Subsidies Act, Minnesota Statutes, Sections 116J.993
through 116J.995.
The City Council and EDA are asked to 1.) Provide direction regarding the wage floor for
the amended Business Subsidy Policy 2.) Provide opportunity for public input regarding
the proposed amended Business Subsidy Policy, and 3.) Re-set a public hearing for
October 21, 2003, for amending the City's Business Subsidy Policy based on changes to
the Minnesota Business Subsidy Act.
Due to a scheduling error, the original date for the public hearing on the Business
Subsidy Policy, October 7th, did not get published in the Shakopee Valley News.
Therefore, the meeting of October 7th will not be the official public hearing (the
public hearing will be on October 21 st). However, if there are residents in attendance
at the October 7th meeting interested in discussing and providing input on the
amended Business Subsidy Policy, which there likely will be, their input should be
encouraged and welcomed. The input / discussion at the October 7th meeting will be part
of the public record, as proceedings of the October 21st public hearing will be. Since
comments from the public will be taken at two consecutive EDA / City Council meetings
(October ih and 21 st), rather than just one meeting as originally planned, this will provide
greater opportunity for public input on this important matter.
subsdmo 1 0-7 -03 .doc
The TIP policy was part dfthe City's Business Subsidy Policy when the subsidy policy was
originally adopted in 1999. The requested actions will separate the two policies (a local TIP
policy is not required by State law, but the City of Shakopee has developed and
implemented one).
Discussion
The enclosed "Outline of Business Subsidy Act Changes" (Exhibit A) summarizes changes
in the law. The business subsidy policy is intended to cover all "subsidies" as defined in the
law. Staff and legal counsel have drafted an amended Business Subsidy Policy, (Exhibit B)
that reflects changes in the law, and a revised TIP Policy, (Exhibit C).. The Tax Increment
Financing (TIP) policy has been separated from the Business Subsidies Policy since TIP
can be used for reasons other than attracting or retaining businesses, and are not business
subsidies (examples: soils correction, redevelopment; housing; etc.). There are a few non-
substantive changes in the TIP policy that do not require a public hearing (paragraph
structure, numbering, etc.; no changes of goals, objectives and criteria).
Wage Floor
The EDA and City Council are asked to provide direction on wage criteria for the City's
business subsidy policy. The criteria under the new standards as outlined in the Minnesota
Business Subsidy Act must set a "specific wage floor for the wages to be paid for the jobs
created".
Some Cities have established a specific wage as a variation of the federal minimum (such
as 130% of the fed min wage). An example of this is the City of Mounds View Business
Subsidy Policy, Section V, Paragraph D: "The minimum wage for a job with a
commercial/retail business to be considered a new or retained job shall be equal to at least
125% of the federal minimum wage per hour exclusive of benefits. Deviations less than the
wage floor will be considered on a case-by-case basis and in accordance with the
requirements of the Minnesota Business Subsidy Law".
Other Cities use the federal minimum wage as the floor, while emphasizing that the wage
goals be sensitive to factors that may impact the wage goal. An example of this is the City
of Lake City Business Subsidy Policy, Section IT, Item 4: "Wage Floor: The project will
create or retain jobs which will pay at least the federal minimum wage per hour, exclusive
of benefits. The City will take into account the special needs of small or growing
businesses with the potential to create high paying jobs in the future. The setting of wage
goals must be sensitive to prevailing wage rates, local economic conditions, external
economic forces over which neither the grantor nor the recipient of the subsidy has
control, the individual financial resources of the recipient and the competitive environment
in which the recipient's business exists ".
subsdrnolO-7-03.doc
The draft policy before you has the federal minimum wage (currently $5.50 per hour) as the
wage floor, and has no language that :references consideration of factors that may impact
the wage goal.
Action Required
1) Provide direction to staff regarding the wage floor (Minimum wage or a variation
thereof), and whether to use criteria that emphasize that wage goals be sensitive to
factors that may impact the goal (as in the Lake City, MN example).
2) Offer and pass a motion re-setting a public hearing for October 21, 2003 on the
amended Business Subsidy Policy based on changes to the Minnesota Business
Subsidy Act.
subsdmo 1 0-7 -03 .doc
OUTLINE OF A
BUSINESS SUBSIDY ACT
CHANGES
The 1999 legislature enacted Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business
Subsidy Act"), which replaced Section l16J.991 enacted in 1995. The 1999 law provided a detailed
definition of the term "business subsidy" and described the procedures and requirements that apply
whenever the state or a local unit of government provides a business subsidy to a person or entity.
In 2000, the legislature made substantial changes to the Business Subsidy Act, which clarifY certain
provisions, tighten some requirements, and relax others. These changes are incorporated in the
City's proposed Business Subsidy Policy.
The most significant change from the City's existing Business Subsidy Policy is the elimination of
approvals of business subsidies on a case-by-case basis. The 1999 law required that grantors adopt
criteria before granting any business subsidy, with the only specific instruction being that the criteria
must include a policy regarding wages. Shakopee and many other cities adopted general policies
indicating that business subsidies would be approved on a case-by-case basis, which was allowable
at that time under the Business Subsidies Act.
The amendments to the Minnesota Business Subsidy Act impose new standards for business
subsidy criteria, which are reflected in the Business Subsidy Policy proposed for the City. The
criteria under the new standards:
. may not be adopted on a case by case basis;
. must set "specific minimum requirements that recipients must meet in order to eligible
to receive business subsidies;" and
. must set a "specific wage floor for the wages to be paid for the jobs created," which is
the federal minimum wage under the proposed Business Subsidy Policy for Shakopee.
In addition, a grantor may deviate from its adopted criteria by documenting in writing the reason for
the deviation, which must be filed with the Department of Employment and Economic
Development.
The Business Subsidy Act now permits a grantor to determine that a subsidy has a public purpose
other than job creation or retention, in which case the required wage floor does not apply. Where
jobs are part of the public purpose, the grantor may still vary from the adopted criteria if the
procedures for deviation are followed.
Steve Bubul or Beth Mercer-Taylor at Kennedy & Graven can provide more information about the
Business Subsidy Act and adopting a business subsidy policy.
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CITY OF SHAKOPEE
SHAKOPEE
ECONOMIC DEVELOPMENT AUTHORITY
Business Subsidy Policy
CO:rvIMUNITY PRIDE SINCE 1857
129 Holmes Street South Shakopee, MN 55379
Phone (952) 233-3800 Fax (952) 233-3801
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CITY OF SHAKOPEE
SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY
BUSINESS SUBSIDY POLICY
I. Purpose
This document sets forth the business subsidy policy and the specific criteria to be considered by the
City of Shakopee ("City") and the Shakopee Economic Development Authority ("EDA") in
evaluating requests for business subsidies. In adopting these criteria, it is the intent of the City and
EDA to comply with Minnesota Statutes, Sections 116J.993-116J.995 (the "Act"). The City and
EDA hereby adopt the definitions contained in the Act for application in the criteria. The City and
EDA have each adopted this policy and these criteria after public hearing in accordance with the
Act. Henceforth, the term "City" includes the City and EDA unless otherwise designated herein.
II. Goals and Objectives
It is the City's intent to advance the following goals and objectives in granting business subsidies:
a.) All business subsidies must be consistent with Shakopee's comprehensive plan and
any other similar plan or guide for development ofthe community.
b.) Recipients must enter into a subsidy agreement with the City that is consistent with
the Act. The recipient must meet a public purpose, commit to remain at the site for
five years after the benefit date, meet a specific wage floor, and must set and meet
wage and job goals, unless the public purpose is not employment, in which case after
a public hearing wage and job goals my be set at zero.
III. Business Subsidy Criteria
Every business subsidy recipient must meet a public purpose, which must include but not be limited
to increasing the tax base. The following criteria shall be utilized in evaluating a request for a
business subsidy, although meeting these criteria does not create a contractual right to a business
subsidy, and the City may later modify these criteria, as permitted by the Act.
a.) Increase in Tax Base. While the Act provides that an increase in the tax base cannot
be the sole grounds for granting a subsidy, the City requires such increase as a
necessary condition for any subsidy.
b.) Jobs and Wages. Every business subsidy recipient must create the maximum
number oflivable wage jobs feasible for the proposed project and site, and these jobs
must pay at least the federal minimum wage. The jobs created may include jobs to
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be retained, but only if job loss is specific and demonstrable. If, after a public
hearing, it is determined that creation or retraction of jobs is not a goal, wages and
jobs may be set to zero.
c.) Other Goals. If creation of jobs it is not a goal, the business subsidy must achieve
measurable, specific, and tangible goals.
d.) Economic Development or Redevelopment. Business subsidies should promote one
or more of the following:
1. Provide significant economIC impact (multiplier effect) within the
community;
2. Encourage economic and commercial diversity within the community;
3. Contribute the establishment or reestablishment of a critical mass of
commercial development within an area;
4. Provide basic goods and services, increase the range of goods and services
available or encourage fast-growing business;
5. Promote redevelopment objectives and removal of blight, including pollution
remediation;
6. Promote the retention or adaptive reuse of buildings of historical or
architectural significance;
7. Encourage full utilization of existing or planned infrastructure
improvements.
The City may deviate from these criteria in granting business subsidies if the reasons for the
deviation are documented in writing and reported to the Department of Employment and Economic
Development, pursuant to the Act.
IV. Compliance and Reporting Requirements.
a.) Every business subsidy granted by the City will be subject to the requirement of a
public hearing, if the subsidy exceeds $100,000 or a hearing is otherwise required by
the Act or other laws. Every business subsidy must be approved by the Shakopee
City Council, and by the ED A Board of Commissioners if the subsidy is granted by
the EDA.
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b.) Every recipient of a business subsidy must enter into a business subsidy agreement
fulfilling the requirements of the Act.
c.) Both the business subsidy recipient and the City must comply with the reporting and
monitoring requirements of the Act.
d.) If a business subsidy recipient fails to meet the goals set forth in the business subsidy
within two years, the business subsidy assistance plus interest must be paid back to
the City, provided that repayment may be prorated to reflect partial fulfillment of
goals. Interest must be set at no less than the implicit price deflator for government
consumption expenditures and gross investment for state and local governments
prepared by the bureau of economic analysis of the United States Department of
Commerce.
e.) The City may, after a public hearing, extend the time for compliance with business
subsidy job and wage goals by up to one year.
v. Application Process for Business Subsidies
The applicant will complete the City's Application for Business Subsidies; submit with the
application a deposit of $5,200 to cover City administrative costs; and provide other information as
requested by the City.
a.) City staff or the City's agent shall review the application materials and make
preliminary recommendations to the Shakopee Economic Development Authority
and City Council as to the compliance of the application and proposed project with
the business subsidy policy and the goals and criteria set forth herein.
b.) Final evaluation of the application shall include, in addition to items subject to
preliminary review, a review of applicable credit analysis, financial structuring and
legal compliance. A formal recommendation shall then be made to the Economic
Development Authority and the City Council.
c.) After a review of the final evaluation and formal recommendation, the Shakopee
Economic Development Authority and City Council shall consider final approval of
the granting of a business subsidy and hold the appropriate public hearings.
d.) All applications and supporting materials and documents shall become the property
ofthe City.
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C
CITY OF SHAKOPEE
SHAKOPEE
ECONOMIC DEVELOPMENT AUTHORITY
Tax Increment Financing Policy
S
CO:rv:tN1UNITY PRIDE SINCE 1857
129 Holmes Street South Shakopee, MN 55379
Phone (952) 233-3800 Fax (952) 233-3801
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CITY OF SHAKOPEE
SHAKO PEE ECONOMIC DEVELOPMENT AUTHORITY
TAX INCREMENT FINANCING POLICY
I. Purpose
Tax Increment Financing (TIP) districts are established by the City or Economic Development
Authority (EDA) to achieve development, redevelopment, or other permissible goals through use of
the increased property tax revenues, or tax increment. generated by the project. The fundamental
principle that makes Tax Increment Financing viable is that it is designed to encourage development
that would not otherwise occur.
TIP is often used by the City and EDA as a tool to attract and retain businesses in which case the
TIP provided is a business subsidy and must be granted, pursuant to the City's Business Subsidy
Policy.
However, the Business Subsidy Policy applies to any business subsidy granted, whether or not TIP
is involved, and this TIP Policy applies to any TIP project, including those that are created for
reasons other than attracting or retaining business, and are not business subsidies.
The City shall consider TIF in cases that serve to accomplish the City's economic development
goals, and to assist projects that would not occur "but for" the assistance provided through Tax
Increment Financing. TIF will be evaluated according to whether projects meet a legitimate public
purpose and further the City's development, redevelopment, housing, and related goals.
II. TIF Program Goals and Objectives
It is the City's intent to advance the following goals and objectives in granting TIP assistance.
a.) To promote development or redevelopment that would not otherwise occur.
b.) To promote development or redevelopment that will build a strong tax base.
c.) To improve the community's economic vitality through the creation and expansion
of employment opportunities.
d.) To assure that development projects are constructed and maintained with quality
consistent with the goals of the City of Shako pee.
e.) To enhance the competitive position of the City of Shakopee regarding new and
expanding business.
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III. TIF Program Eligibility Criteria
Qualified project (applicants) must meet or exceed the following criteria to be eligible for TIF
assistance. Meeting the threshold of eligibility does not mean automatic approval for the applicant.
The Shakopee Economic Development Authority and City Council shall make final approval ofTIF
assistance. If the applicant is proposing a project that creates or retains business, an Application for
Business Subsidies must be filled out pursuant to the Business Subsidy Policy, and will be one
measure of project eligibility.
a.) Ifthe project is a manufacturing or warehouse/distribution use, the following criteria
apply:
1. The project must be locaed in an 1-1 (Light Industry), 1-2 (Heavy Industry),
or BP (Business Park) zoning district.
2. The project must occupy a minimum land area of 5 acres.
b.) The project must occupy a minimum land area of 5 acres.
c.) If the project involves redevelopment, the applicant must provide evidence of the
building and site conditions needed to evaluate whether the project qualifies for
establishment of a redevelopment district or renovation and renewal district.
d.) The project must be consistent with environmental regulations and not create an
environmental hardship for the community.
e.) The applicant must be willing to enter into a developer's agreement approved by the
City.
f.) The applicant should at all times retain and be assisted by qualified financial
consultants and/or underwriters, and by legal counsel.
g.) Construction of the project shall not commence until the City has approved a TIF
plan for the project.
h.) The City reserves the right to select a third party administratorlconsultant to assist in
the review and project development process, the costs of which will be paid by the
applicant.
i.) The applicant must submit preliminary plans ofthe project and evidence of ability to
finance the project.
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j.) The applicant must provide security to the City to cover all costs paid by tax
increment, unless the TIF plan is a "pay as you go" agreement.
k.) The City reserves the right to deny any application for TIP financing for any reason
at any stage of the proceedings prior to adoption of the final approval of a
Developers Agreement.
1.) The developer will provide a minimum of 10% owner and/or developer equity in the
project.
The City reserves the right to deny projects which substantially comply with the eligibility criteria,
but which fail to have a significant positive impact on the community or to accomplish the City's
economic development or redevelopment goals as determined by the Economic Development
Authority and City Council. The City reserves the right to consider and approve projects which
substantially comply with the eligibility criteria, as set forth in the program providing other
tangential items such as building materials, building quality, etc., meet or exceed minimum
standards and have, in the Council's judgment, a significant positive impact on the community and
have accomplished the City's economic development or redevelopment goals.
IV. Cost Eligible for Tax Increment Financing Assistance
Project costs qualifying for TIP assistance, as defined under the Minnesota TIP Act, include without
limitations the following:
1. Acquisition of property
2. Clearing ofland
3. Relocation and demolition of existing structures
4. Site preparation
5. Soils correction
6. Removal of hazardous waste or pollution
7. Installation of utilities
8. Construction of public or private improvements
9. Administrative costs directly related to the parcels identified
10. Other similar activities
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cc 1;;2-
gJA 5* t:( >
HOURLY WAGE GOALS FOR RECENT
ECONOMIC DEVELOPMENT FINANCING PROJECTS
@
% of min wage
(min wage currently $5.15/hr)
ADC Telecommunications (1997) $19.46 377%
ADC Telecommunications (2000) $12.64 . 245%
Seagate Technology (1998) $12.00 233%
CertainTeed Corporation (2002) $17.00 330%
General Motors $28.00 543%
(Proposed in 1 st Qtr '03; went to
Hudson, WI)
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Edited
Strikethroughs are deletions, and underlines are additions
CITY OF SHAKOPEE
SHAKOPEE
ECONOMIC DEVELOPMENT AUTHORITY
Business Subsidy Policy
S OPEE
COMl\.1UNITY PRIDE SINCE 1857
129 Holmes Street South Shakopee, MN 55379
Phone (952) 233-3800 Fax (952) 233-3801
.
."
CITY OF SHAKO PEE
SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY
BUSINESS SUBSIDY POLICY
I
I. Purpose
This document includes the sets forth the business subsidy policy and the specific criteria I
to be considered by the City of Shakopee ("City") and the Shakopee Economic
Development Authority ("ED A") to e'/nluute in evaluating requests for business I
subsidies. ill adopting these criteria, it is the intent of the City and EDA to comply with
Minnesota Statutes, Sections 116J.993-1l6J~995 (the "Act"). The City and EDA hereby
adopt the definitions contained in the Act for application in the criteria. The City and
EDA have each adopted these- this policytes and these criteria after public hearing in
accordance with the Act. Henceforth, the term "City" includes the City and EDA unless
the context req....lires otherwise designated herein.
II. Goals and Objectives
It is the City's intent to advance the following goals and objectives in granting business
subsidies:
a.) All business subsidies must be consistent with Shakopee's comprehensive plan
and any other similar plan or guide for development of the community.
b.) Recipients vlill be required to must enter into a subsidy agreement with the City
that is consistent with statutory requirements, including a commitment to remain
in business at the site for a minimum of five years after the benefit date and
compliance with the specific job nnd wage goals established for the project the
Act. The recipient must meet a public purpose, commit to remain at the site for
five years after the benefit date, meet a specific wage floor, and must set and meet
wage and iob goals, unless the public purpose is not employment. in which case
after a public hearing wage and iob goals my be set at zero.
III. Business Subsidy Criteria
The City recognizes that every proposal is unique. Nothing in these cliteria shall be
deemed to be an entitleme-nt or shall establish a contractual right to a subsidy. The City
reserves the right to modify these critetia from time to time and to 6';aluate each project
individually. The follo'.ving criteria shall be utilized in e':aluatin; a requ60t for a business
suboidy:Every business subsidy recipient must meet a public purpose. which must include
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City of Shakopee
Business Subsidv Policv
,
but not be limited to increasing the tax base. The following criteria shall be utilized in
evaluating a request for a business subsidy. although meeting these criteria does not
create a contractual right to a business subsidy, and the City may later modify these
critelia. as permitted by the Act.
a.) Increase in tax base. While according to the Act provides that an increase in the
tax base cannot be the sole grounds for granting a subsidy, the City believes it is
requires such an increase as a necessary condition for any subsidy.
b.) Jobs and Wages. It is the City's intent that the recipient Every business subsidy
recipient must create the maximum number of livable wage jobs at the site
feasible for the proposed proiect and site. and these iobs must pay at least the
federal minimum wage. The iobs created';" +his-may include jobs to be retained
but only if job loss is imminent specific and demonstrable. If. after a public
hearing, it is detennined that creation or retention of iobs is not a goal. wages and
iobs may be set at zero.
c.) Other Goals. If creation of jobs it is not a goal. the business subsidy must achieve
measurable, specific, and tangible goals.
Busmess Subsidy Criteria (eoBtiBued)
e1sllEconomic Development or Redevelopment. Business subsidies should promote one I
or more of the following:
1. Provide significant economic impact (multiplier effect) within the community;
2. Encourage economic and commercial diversity within the community;
3. Contribute to the establishment or reestablishment of a critical mass of
commercial development within an area;
4. Provide basic goods and services, increase the range of goods and services
available or encourage fast-growing businesses;
5. Promote redevelopment objectives and removal of blight, including pollution
remediation;
6. Promote the retention or adaptive reuse of buildings of historical or
architectural significance;
7. Encourage full utilization of existing or planned infrastructure improvements.
editedsu bsdypo licy8- 25-03. doc 2
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City of Shako pee
Business Subsidv Policv
.
The City may deviate from these criteria in granting business subsidies if the reasons for
the deviation are documented in writing and reported to the Department of Emplovment
and Economic Development, pursuant to the Act.
IV. Compliance and Reporting Requirements.
a.) ~Everv business subsidy granted by the City will be subject to the requirement
of a public hearing, if neoeooary aooording to the Act, -aE:4-if the subsidy exoeeds
$100,000 or a hearing is otherwise required by the Act or other laws. Every
business subsidy must be approved by the Shakopee City Council, and by the
EDA Board of Commissioners if the subsidy is granted by the EDA.
b.) Every recipient of a business subsidy must enter i11to a business subsidy I
agreement fulfilling the requirements of the Act.
lr.1c. ) It'Nill be necessary for Booth the business subsidy recipient and the City
te must-comply with the reporting and monitoring requirements ofthe Act.
d.) If a business subsidy recipient fails to meet the goals set forth in the
business subsidy within two years, the business subsidy assistance plus
interest must be paid back to the City, provided that repayment may be
prorated to reflect partial fulfillment of goals. Interest must be set at no
less than the implicit price deflator for government consumption
expenditures and gross investment for state and local governments
prepared by the bureau of economic analysis of the United States
Department of Conmlerce.
e.) The City may, after a public hearing, extend the time for compliance with
business subsidy iob and wage goals by up to one year.
V. Tax Increment Financing Program
Tax Increment Financing (TIP) is a financing tool whereby distIicts are established for
development or redevelopment and the increased property tax revenues, or increment,
generated by the impro'/ements is captured to pay baek the bond debt or other financing
provided for the project. TIF is useful for the attraction and retention of businesses by the
City of Shalcopee. The fundanlental principle that makes Tax Increment Financing '/iable
is that it is designed to encourage development that '.vo'..lld not other.~ise occur. The City
shall consider IfF in cases that ser:e to accomplish the City's economic development
editedsubsdypolicy8-25-03.doc 3
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City of Shakopee
Business Subsidv Policv
.
goals, and to. assist prajects that wauld nat oocur "but for" the assistance pro~:ided
thraugh Tax Ir.crement Final1cing. In addition to the general criteria described in Section::>
ill and IV abo':e, requests far TIP assistance ~,\'i11 be evaluated according to. the palicies in
these Sections.
Tax Inerement Finaneing Program (continued)
Program Goals
1. To. promote develo.pment or redevelapment that \vould not othenviso occur.
2.To. pramate develapment ar redevelopment that v:ill build a strong tax base.
3.To. imprave the community's economic vitality through the creation and expansion
of emplayme-nt oppartur:.ities.
4.Ta assure that develapment projects are canstructed and maintained '.vith quality
cansistent ','lith the gaals afthe City o.fShakopee.
5.Ta enhance the competitive pasitian of tho City of Shakapee regarding new and
expanding businesses.
Program Eligibilitv Criteria
Qualified projects (applicants) must meet or exceed the fallawing criteria to be
eligible far TIP assistance. Meeting the threshold af eligibility daes nat mean
autamatic approval for the applicant. The Shnkapee Ecanomic Development
}\uthority and City Council shall make final approval of TIP assistance. The applicant
must camplete an Applicatfo:-l for Business Subsidies as one measure af praject
eligibility.
l.If the praject is a mmr"lfact',,~ring or ',vareho'..u:l6 ,I distlibutian use, the fallo'.ving
critelia apply:
a.)The project must be located in an I 1 (Light Industry), 12 (Heavy
Industry), or BP (Business Park) zoning district.
b.)The project must occupy a n::.inimun:. land mea af 5 acres.
2.The project must be consistent with the City's Comprehensive Plan.
3.If the project invah'6s redevelopment, tho applicant must provide evidence of
the building and site conditions needed to evaluate \vhether the project
editedsubsdypolicy8- 25 -03 .doc 4
City of Shako pee
Business Subsidv Policv
-
'.
qualifies for establislmlent of a redevelopment district or re-novation and
1'6n6':;al district.
4.The project lTI'..lSt be consistent with en':iromncntal regulations and not create an
environmental hardship for the community.
5.The applicant must be vrilling to enter into a developer's agreement approved by
the City.
6.The applicant should at all times retain and be assisted by qaalified fmaneial
consultants and/or lmdenvriters, and by legal cOlIDsel.
TlF Program Eligibility Criteria (continued)
7.Construction of the project shall not commence until the City has approved a
TIP plan for the project.
g.The City reserves the right to select a third party administrator/consultant to
assist in the review and project development process" the cost ofv/hich '.viII be
paid by the applicant.
9.The applicant must sabmit preliminary plans of the project and eyidence of
ability to finance the proj eot.
1O.The applicant must provide security to the City to cO'/er all costs paid by tax
increment, unless the TlF plan is a "pay as you go" agreenlent.
11.The City reserves the right to deny any application for TlF financing for any
reason at any stage of the proceedings pIlor to adoption of the final approval
of a Developer' s Agreement.
12.The developer "vill provide a minimum of 10% o',','ner and/or developer equity
in the project.
The City reserV6S the right to deny projects \vhich substantially comply with the
eligibility cIiteda, but which fail to have a significant positiye impact on the
conm1Ul1ity or to accomplish the City's economic de~,'elopment or redevelopment
goals as detenuinsd by the Economic Development .^...uthority and City Council. The
City reS6n'es the right to consider and approve proj ects whioh substantially comply
with the eligibility criteria, as set forth in the program providing other tangential items
such as building materials, building quality, etc., meet or e:xcoed minimum standards
~ and haT/e, in the Council's jadgment, a significant positive impact on the community
and have accomplished the City's economic development or redeyclopment goals.
~
editedsubsdypolicy8- 25-03 .doc 5
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City of Shako pee
-\ Business Subsidv Policv
Costs Eligible for Tax Increment Finnncing Assistance
Project costs qualifying for TIP assistance, as dermed under the Minnesota TIP },..ct,
include without limitations the following:
l^ ... f
.. .~cqmsltlon 0 prope..rty
2.Clearing ofland
3.Relocation and demolition of existing stmctures
4.Site preparation
S.soils correction
6.Removul of hazardous waste or pollution
7.Installution of utilities
8.Collstmction of public or pri'.'ute impro'.'ements
9.Administrativo casto directly related to the parcels identified
10.Other similar actiyities
-\Lh-V. Application Process for Business Subsidies I
The applicant will complete the City's Application for Business Subsidies; submit
with the application a deposit of$5,200 to cover City administrative costs; and
provide other information as requested by the City.
1. City staff or the City's agent shall review the application materials and make
preliminary recommendations to the Shakopee Economic Development
Authority and City Council as to compliance of the application and proposed
project with City goals and eligibility criteria.
2. Final evaluation of the application shall include, in addition to items subject to
preliminary review, a review of applicable credit analysis, financial structuring
and legal compliance. A formal recommendation shall then be made to the
Economic Development Authority and the City Council.
3. After a review of the final evaluation and formal recommendation, the
Shakopee Economic Development Authority and City Council shall consider
final approval of the use of business subsidies and hold the appropriate public
hearings.
4. All applications and supporting materials and documents shall become the
property of the City.
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City of Sltakopee
Business Subsidv Policv
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I. Purpose
This document sets forth the business subsidy policy and the specific criteria to be I
considered by the City of Shakopee ("City") and the Shakopee Economic Development
Authority ("EDA") in evaluating requests for business subsidies. In adopting these
criteria, it is the intent of the City and EDA to comply with Minnesota Statutes, Sections
116J.993-116J.995 (the "Act"). The City and EDA hereby adopt the definitions
contained in the Act for application in the criteria. The City and EDA have each adopted
this policy and these criteria after public hearing in accordance with the Act. Henceforth,
the term "City" includes the City and EDA unless otherwise designated herein.
II. Goals and Ob1ectives
It is the City's intent to advance the following goals and objectives in granting business
subsidies:
a.) All business subsidies must be consistent with Shakopee's comprehensive
plan and any other similar plan or guide for development of the
community.
b.) Recipients must enter into a subsidy agreement with the City that is
consistent with the Act. The recipient must meet a public purpose,
commit to remain at the site for five years after the benefit date, meet a
specific wage floor, and must set and meet wage and job goals, unless the
public purpose is 110t ernployment, in which case after a public hearing
'Nage and job goals my be set at zero.
III. Business Subsidy Criteria
Eyery business subsidy recipient must meet a public purpose, which must inchlde but not
be limited to increacing the tax base. The following criteria shall be utilized in evaluating
a request for a business subsidy, although meeting these criteria does not create a
contractual light to a business subsidy, and the City may later modify these criteria, as
pennitted by the Act.
a.) Increase in Tax Base. While the Act provides that an increase in the tax
base cannot be the sole grounds for granting a subsidy, the City requires
such increase as a necessary condition for any subsidy.
b.) Jobs and Wages. Every business subsidy recipient must create the
maximum number of livable wage jobs feasible for the proposed project
and site, and these jobs must pay at least the federal minimum wage. The
jobs created may include jobs to be retained, but only if job loss is specific
and demonstrable. If, after a public hearing, it is determined that creation
or retraction of jobs is not a goal, wages and jobs may be set to zero.
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City of Shakopee
Business Subsidy Policy
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c.) Other Goals. If creation of jobs it is not a ;00.1, the business subsidy must I
achieve measurable, specific, and tangible goals.
d.) Economic Dc','Clopmcnt or Rcdc.dopmcnt. Business s'..lbsidies should I
promote one or more ofthe follO'.ving:
1. Provide significant economic impact (multiplier effect) within the community;
2. Encourage economIC and commercial diversity within the
community;
3. Contribute the establishment or reestablishment of a critical mass
of commercial development within an area;
4. Provide basic goods and services, increase the range of goods and
services available or encourage fast-growing business;
5. Promote redevelopment objectives and removal of blight,
including pollution remediation;
6. Promote the retention or adaptive reuse of buildings of historical or
architectural significance;
7. Encourage full utilization of existing or planned infrastructure
improvements.
The City may deviate from these cliteria in granting business subsidies if the reasons for
the deviation are documented in writing and reported to the Department of Employment
and Economic Deyelopment, pursuant to the ,^..ct.
IV. Compliance and Reporting Requirements.
a.) Every business subsidy granted by the City will be subject to the
requirement of a public hearing, if the subsidy exceeds $100,000 or a
hearing is otherwise required by the Act or other laws. Every business
subsidy must be approved by the Shakopee City Council, and by the EDA
Board of Commissioners if the subsidy is granted by the EDA.
b.) Every recipient of a business subsidy must enter into a business subsidy
agreement fulfilling the requirements of the Act.
c.) Both the business subsidy recipient and the City must comply with the
reporting and monitoring requirements of the Act.
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City of Shako pee
Business Subsidv Policv
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d.) If a business subsidy recipient fails to meet the goals set forth in the
business subsidy within two years, the business subsidy assistance plus
interest must be paid back to the City, provided that repayment may be
prorated to reflect partial fulfillment of goals. Interest must be set at no
less than the implicit price deflator for government consumption
expenditures and gross investment for state and local governments
prepared by the bureau of economic analysis of the United States
Department of Commerce.
e.) The City may, after a public hearing, extend the time for compliance with
business subsidy job and wage goals by up to one year.
v. Application Process for Business Subsidies
The applicant will complete the City's Application for Business Subsidies; submit with
the application a deposit of $5,200 to cover City administrative costs; and provide other
information as requested by the City.
a.) City staff or the City's agent shall review the application materials and
make preliminary recommendations to the Shakopee Economic
Development Authority and City Council as to the compliance of the
application and proposed project with the business subsidy policy and the
goals and criteria set forth herein.
b.) Final evaluation of the application shall include, in addition to items
subject to preliminary review, a review of applicable credit analysis,
financial structuring and legal compliance. A formal recommendation
shall then be made to the Economic Development Authority and the City
Council.
c.) After a review of the final evaluation and formal recommendation, the
Shakopee Economic Development Authority and City Council shall
consider final approval of the granting of a business subsidy and hold the
appropriate public hearings.
d.) All applications and supporting materials and documents shall become the
property of the City.
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