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HomeMy WebLinkAboutItem 05Lakeville Memorandum City of Lakeville Community & Economic Development To: Mayor and City Council Economic Development Commission From: David L. Olson, Community & Economic Development Director 01 Copy: Allyn Kuennen, Interim City Administrator Rick Howden, Economic Development Specialist Date: November 21, 2014 Subject: Proposed Amendments to Dakota County's Policy on Tax Increment Financing Dakota County staff has recently distributed the attached proposed revisions to the County's Policy on Tax Increment Financing (TIF). The proposed policy revisions were discussed at a meeting of Community and Economic Development Directors from Dakota County cities and Dakota County Deputy Director of Property and Records Amy Koethe on August 21St and with the City/County Administrators group and Ms. Koethe on October 24th. The EDC also previously discussed this issue at the August EDC meeting. While a number of technical changes are being proposed that deal with the definitions for affordable housing and other more technical issues, the most significant policy change is the elimination of the County supporting any TIF projects that: "Provide a net increase in livable wage jobs". This change is contained in the Policy Statement in the first paragraph of the Policy. As a result, the County will not support any Economic Development TIF projects that either create or preserve livable wage jobs. This has already been the County's practice for many years because Economic Development TIF Districts are not listed in the first sentence of the policy. This policy was the basis for resolutions being adopted by the County Board indicating that both the Menasha Packaging and BTD Manufacturing Economic Development TIF projects were not consistent with the County's Tax Increment Financing Policy. County staff has indicated that the County plans to update its Strategic Plan for Economic Development in 2015. The Community and Economic Development Directors group indicated in August, that significant changes to the County's TIF Policy should not be acted on until this strategic planning process is completed. However the Administration Finance and Policy Committee of the County Board is scheduled to consider the proposed TIF Policy Changes on Tuesday, December 16th. As a result, staff is recommending that the City submit a letter to the County Board requesting that any significant changes to the County's TIF Policy be delayed until the Strategic Planning process is completed. Attached is a draft letter to be forwarded to the County Board Chair. Recommended Action: Authorize the submittal of the attached letter to County Board requesting that any significant changes to County's Policy on Tax Increment Financing be delayed until the County Strategic Plan for Economic Development has been completed. City of Lakeville Oncitin»vd to Tht-ivo November 24, 2014 Commissioner Liz Workman Chair, Board of Commissioners Administration Center 1590 Highway 55 Hastings, MN 55033-2343 RE: Dakota County Policy on Tax Increment Financing Dear Chair Workman: The City has received a copy of the attached draft Tax Increment Financing Policy dated October, 2014 that proposes to eliminate the provision of the current policy that states the County would consider supporting TIF districts that "Provide a net increase in livable wage jobs" along with other more technical changes. Lakeville is home to one of the largest industrial parks in the State of Minnesota and there are a considerable number of existing businesses that have expressed interest or are currently expanding their facilities. The City also has a considerable amount of vacant industrial land available for new industrial businesses. In many instances there are significant infrastructure improvements including upgrades to County roads that are required to facilitate the expansions of these businesses or development of new businesses. TIF is a tool that in some instances can assist the financing of these types of improvements and the City has approved the use of this tool for the Menasha Packaging and BTD Manufacturing Projects earlier this year. These two projects will result in the retention of 435 existing quality jobs and the creation of an additional 115 new "Livable Wage" jobs over the next two years and over $20 million in capital investment in Lakeville. The City requests that dialogue take place regarding the potential for Dakota County to partner with cities to continue to facilitate the creation of livable wage and high wage jobs in Dakota County as part of the County's Strategic Plan for Economic Development. As a result, the City of Lakeville respectfully requests that the County Board delay any action on significant changes to the County's current policy on Tax Increment Financing. The City Council welcomes the opportunity for continued dialogue with the County Board on this issue. 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400.952-985-4499 fax www.lakevillemn.gov Respectfully, Matt Little, Mayor c: Commissioner -Elect Mary Liz Holberg Brandt Richardson, Dakota County Administrator Lakeville Economic Development Commission Tim Roche, President of the Lakeville Area Chamber of Commerce Allyn Kuennen, Interim City Administrator Policy 8002 TAX INCREMENT FINANCING Published 09/16/02 Revised: October 2014 POLICY STATEMENT Dakota County w4l-may support housing, redevelopment, renewal and renovation and soils condition TIF districts that increase or have a neutral effect on the number of affordable housing units in the community, clearly demonstrate that they meet the "but for" test, and meet at least one of the following: 1. Provide affordable housing 2. Include livable community housing and provide mixed use 3. Remove blight conditions and/or contamination in livable wage-jGla6 DEFINITIONS Affordable Housing: LOW and moderate inG()Fne rental housing diStFiGtS that PFC)Vide� a 0 4 of 0 _ , the m Fent w9u'd be 0 of the units affeFdable to families0 of Me-d—i-an inGC)rne, the m rent would be 0 ef 0 of Median. Homeownership eptiGns that previdei 0 be greateF than the G61rFent PUFGhase PFiGe limit established f9F FiFst Time HarnebuyeF pregFarns- Rental housing that must meet all of the requirements for a low income housing credit under section 142(d) of the Internal Revenue Codes regardless of whether the proiect actually receives housing credit including maximum income and rent limits established annually by the U.S. Department of Housing and Urban Development (HUD). Owner occupied housing that must meet both of the following: (1) the definition of "housing project" under Minnesota Statutes 469.1761 Subd. 2-. 95 percent of the housing units must be initially purchased and occupied by individuals and families whose household income is less than or equal to the income requirements for qualified mortgage bond projects under Section 143(d) of the Internal Revenue Code: and (2) the Dakota County policy requirement that 50 percent of the housing units must be initially purchased and occupied by individuals and families whose household income is less than or equal to 80 percent of the area median income (AMI) as determined annually by HUD Maximum initial sale price limits will be enforced to ensure homes are affordable to homebuyers at these incomes Blight conditions: Areas that contain (or conditions that cause) high percentages of dilapidated buildings or otherwise deteriorating and substandard structures (Minn Stat � 469.174, subd 10) "But -For" Test: Shows that in the _opinion of the municipalit (i) the proposed development or redevelopment would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: and (ii) the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. The requirements of this item do not apply if the district is a housing district. (Minn Stat. 4 469.175, Subd. 3, b, (2)), Contaminatedlion: The presence of hazardous substances, pollution, or contaminants that require removal or remedial action Livable Community. A community that is designed with 1) mobility options such as transit, walk, bike or drive, 2) protects and enhances natural resources, 3) Provides housing choices including single -family homes, condominiums and apartments in a variety of architectural styles and prices to meet the needs of people of all ages and incomes, and 4) a plan for mixed uses such as locating housing, workplaces, shopping, daily services, schools, parks, civic places and public facilities together in an area. Low Income Housing: Housing occupied by persons whose income is at or below 50% of the area median income with rents not exceeding 30% of the 50% area median income. Mixed Use: Developments that include housing, varied by type and prices, integrated with commercial developmentand places of employment. It includes those developments being accessibility by multiple transportation modes Moderate Income Housing: Housing occupied by persons whose income is at or below 80% of the area median income with housing costs not exceeding 30% of 80% of the area median income. Proiect area: The eograghic area in which tax increment revenues may be spent. Project areas are designated by the development authority under the applicable development law, such as the HRA, port authority, economic development authority, or municipal development act. Qualifying Inspection: The inspections performed to document the status of the property to determine that the district meets the criteria as a redevelopment district, a renewal and renovation district, or other TIF district. Redevelopment: Actions taken to improve areas affected by substandard buildings, blight, railroad or tank facilities, as described by Minn. Stat. § 469.174, subd. 10. Tax Increment Financing. A statutory financing tool used to promote economic development, housing, redevelopment, renewal and renovation in areas where it otherwise would not have occurred. TIF enables an authority to "capture" property taxes generated by new development or redevelopment to pay for development expenses. A TIF authority captures the increase in net tax capacity resulting from new development within a designated geographic area called a TIF district. Tax Increment Financing Authority. An authority created pursuant to Minnesota Statutes to administer a tax increment financing district. (See Minn. Stat. § 469.174, subd. 2) Tax Increment Financing District: The geographic area from which tax increments are collected. The development authority defines the area in the tax increment financing plan. A district may be a -contiguous or noncontiguous afea within -a project area. (See Minn. Stat. § 469.174, subd. 9) Tax Increment Financing Plan: A plan that must describe the project supported by tax increment financing, project objectives, development programs and activities to be undertaken, type and duration of district being created, parcels included in the district, estimated costs and revenues, impact on other taxing jurisdictions, and other details of the proposal. The TIF plan may be approved by the municipality after the required public hearing is held. (Minn. Stat. § 469.175, subds. 1, 4) SOURCE Tax Increment Financing is governed by Minn. Stat. § 469.174-469.17941793 as amended. Dakota County Board Resolution No. 92-494 14- GENERAL 4= GENERAL INFORMATION Dakota County must receive sufficient information to be able to determine that the qualifying criteria #gas have been met. Depending on the type of TIF district, Dakota County requires documentation related to: • TIF plan • qualifying inspections • analysis of net affordable housing impact within the TIF district or project area • analysis of net lovable wage jobs • average market value of comparable housing in the city or area • estimated financial impact on the county • map(s) of the proposed TIF district and proiect area • traffic study, if appropriate As provided in state -law Minn. Stat. 4 469.174.1a and the Dakota County Transportation Policy Plan, the Dakota County Board of Commissioners shall require the authority to pay all or a portion of the cost of related or required improvements to the county transportation system from increment revenues, if the following conditions occur: 1. The proposed plan would, in the judgment of the county, substantially increase the use of the county transportation system and require construction of road improvements or incur other transportation system costs; and 2. The transportation system improvements are not scheduled for construction within five years under the county capital improvements plan, and, in the opinion of the county, would not be expected to be needed within the reasonably foreseeable future were it not for the tax increment financing district. For projects that are included in the capital improvements plan, the costs of road improvements or other road costs (e.g., traffic controls) which are in the determination of the County the result of a tax increment financing plan or an amendment to a TIF plan, will be subtracted from the County eligible project costs, with the balance of costs divided according to the cost sharing policy of the County Transportation Policy Plan. A County Board resolution is required for any significant deviation from this policy. Dakota County encourages municipalities to furnish TIF plans, or documentation related to the above, at least 45 days prior to the public hearing for the following purposes: 1. To coordinate the timeline of the road improvement cost estimates and the comments from the Dakota County Board. Dakota County reserves the right to identify costs after the public hearing if necessary. 2. To allow for a thorough analysis by all essential county departments and ensuring an appropriate recommendation to the county board prior to the public hearing a. To assure documentation is received timely, in addition to the requirement of delivery to the auditor. Dakota County encourages municipalities to electronically forward the TIF Plan to tax. incremeht(Mco.dakota.mn.us. . which will automatically distribute the document(s) to departments included in the review process Dakota County will indicate its support/non-support for municipal TIF districts via comments in a County Board resolution provided to the city, except when a County Board meeting is not held within the 30 -day response period. If the County Board cannot provide comments by resolution within the 30 -day response period, comments will be provided following Board action. The Dakota County Board must approve or disapprove all CDA TIF Districts. Dakota County encourages municipalities to 1) limit the duration of the district and supports the early decertification of all TIF districts and 2) require that TIF assistance provided in housing districts be repaid at the time the property is sold or transferred if the home appreciates in value. Dakota County will consider a municipality's history regarding compliance with Dakota County's TIF policy and state law in its deliberation. PROCEDURES The Dakota County Property Taxation & Records Department will develop and maintain procedures. Lakeville officials oppose county TIF policy change By Laura Adelmann November 13, 2014 at 10:22 am Competition for business key to battle Lakeville leaders are rallying local officials to oppose a proposed Dakota County policy change they say could put cities at a disadvantage in attracting or retaining commercial businesses. Dakota County is set to change its policy eliminating job creation as a platform to support tax increment financing. Under such a change, the county's policy would only support TIF for affordable housing projects, not business expansion or development. TIF is a financial agreement to encourage development of properties that without it would otherwise not occur. It allows developers to use the increased property value created by property improvements to fund project costs instead of going to schools, cities and the county, for a set time period. If the policy change is approved, it will counter Lakeville's goals in regard to the creation living - wage jobs, Lakeville Community Development Director Dave Olson said. "That's our goal," Olson said. "That's the policy I operate under, and the Economic Development Commission has recommended we look to facilitate that, to make that happen." He said while Dakota County's proposed policy change cannot stop cities from using TIF for economic development projects, having opposing policies sends businesses a mixed message. "It would be nice if we were working together on economic development," Olson said. Dakota County Administrator Brandt Richardson indicated concern that using TIF for economic development favors some businesses over others and increases taxes. "Our county has long held the point of view that we can best contribute to the economic success of all businesses in Dakota County by providing excellent services at a very low tax rate, rather than choosing certain businesses to subsidize," he said in an email. Richardson said Dakota County is attractive to business because it has the lowest county taxes in the Twin Cities metro area. "Many of our services are essential for businesses," Richardson said. "For example, our county road system `stands in' for a less-developed state highway system in our county, and the county levy is increasingly important in funding this essential need for our business community. We believe our low county taxes overall are an advantage that at least some other counties do not provide." Richardson said using TIF for affordable housing assists a low-income household instead of assisting a private business that is competing with other businesses that may or may not have the benefit of a public subsidy. Lakeville Mayor Matt Little and Lakeville Chamber of Commerce President Tim Roche are teaming up to advocate for the county to support TIF as a job -creation tool. They plan to appear before the Dakota County Board of Commissioners in December to discourage the proposed TIF policy change. Little said economic development TIF districts provide employment for some of those low-income people living in the subsidized housing. He added that every business has the same opportunity to take advantage of TIF. Dakota County Commissioner -elect Mary Liz Holberg said she supports the city's position to keep job creation as a reason for TIF. "By only supporting affordable housing, you're only supporting one side of the equation," Holberg said. "How do we ever get people out of subsidized housing if we don't support job creation?" Little said he also supports TIF for businesses because it helps Dakota County compete to attract and retain businesses and expansions against neighboring cities, particularly in Scott County, which has fully embraced TIF as a driver of its economic development goals. Scott County Minnesota Chamber of Commerce Communications Director Jim Pumarlo called Scott County "an island" among Minnesota counties for its embrace of the program. Scott established a "First Stop Shop," in 2013 to carry out a shared local goal of government leaders to create enough jobs in the county by 2030 to employ half its local labor force to help reduce congestion on roads going north over the river. The effort is supported by SCALE, the Scott County Association for Leadership and Efficiency, an organization made of all Scott County government leaders, including its seven cities, Shakopee Mdewakanton Sioux Community, Scott County Community Economic Agency and local school districts that include Burnsville -Eagan -Savage. First Stop Shop Business Development Manager Stacy Crakes said she assists the cities in economic development, marketing the county to brokers with business clients seeking locations and responding quickly with information and service when businesses express interest. Crakes said the program has helped to attract 5,000 new direct jobs or spin-off jobs over the last two years from companies who announced they were coming to Scott County. "We're finally getting to the point where some of them are actually starting to move in, buildings are getting completed and hiring has started," Crakes said. New businesses include Shutterfly, Emerson and Data Card. Crakes said some of their initial discussions with those businesses included whether local government was willing to "at least discuss" financial incentives with them. "I think the fact that the county and the cities have said yes, regardless of whether it ended up happening, still showed that there's interest here in working with the businesses and trying to do what it is they need to have done to bring that here," Crakes said. "I think that just those conversations have been instrumental in getting some of those businesses to come to our area." Other views Business advocates in Dakota County express more caution about using TIF as a tool for spurring commercial development. Dakota County Regional Chamber of Commerce President Vicki Stute said the business community most often supports economic polices driven by the private market and "not necessarily government subsidies." She said they want to ensure a level playing field for all businesses. "I can't imagine supporting subsidy where one business gets it and another does not," she said. "There has to be some very special circumstances." Stute said special cases could include development of polluted properties where substantial cleanup is required before development can occur. In 2011, author Randal O'Toole, a Cato Institute public policy analyst, released a paper critical of tax increment financing. He said after freezing the amount new development pays in taxes — not how much governments collect — other taxpayers either have to pay more to cover costs the new developments create or accept lower service levels for the years TIF is in place. O'Toole, who has spoken in the Twin Cities several times regarding economic and transportation issues, also cited the potential for political abuse surrounding TIF. "No matter how well intentioned, city officials will always be tempted to use TIF as a vehicle for crony capitalism, providing subsidies to developers who in turn provide campaign funds to politicians," O'Toole said. Lakeville concerns Before Dakota County has changed its policy to exclude job creation as a reason to support TIF, the county issued resolutions against TIF districts recently established in Lakeville. Holberg questioned why the county would give a negative recommendation on the Lakeville projects before the policy was changed. "We don't want to leave Dakota County cities uncompetitive with cities in other counties," Holberg said. The Lakeville City Council members approved two economic development TIF districts, including one for $1.08 million for a 200,000 -square -foot building expansion to accommodate BTD Manufacturing. Once complete, the building will be over 500,000 square feet, and become the largest single building in Airlake Industrial Park, according to Olson. BTD's expansion is promised to add jobs that pay between $14 and $30 per hour. While the projects enjoyed full council support, several members said they want use the TIF tool with constraint. City Council Member Colleen LaBeau, a real estate business owner, said she has never taken TIF and looks for some of the projects to "stand on their own." "I look at TIF as an opportunity to keep and maintain an existing business, and to be able to expand for someone who is already invested in Lakeville," LaBeau said. "I don't know that having new business that comes in we have to look at it being a TIF opportunity by all means." LaBeau cited concerns at giving TIF for new businesses because it does not generate tax dollars but increases city services. "I'm not saying I'm totally against it," LaBeau said. "What I'm saying is, I don't believe it's for every new project." Council Member Bart Davis called TIF a "viable option," and an "effective tool," but said the city has to be "judicious" in how TIF is used. "You have to make sure you understand the impacts of TIF on all appropriate parties," Davis said. He said he considers each project individually, using criteria that includes jobs created, development goals and if it makes sense at the given time. "With Scott County using it aggressively, I don't know that it's a bad thing," Davis said. "But I think using too much TIF, I don't understand the total impacts of that yet to say whether they're right or they're wrong." Davis said Dakota County has taken a pretty hard stance against TIF for economic development, and while he does not believe the county has to whole-heartedly embrace it, he would like them to have more consideration on using it for certain projects. "I do think it's a very effective tool to spur development, especially economic development," Davis said. He said if Dakota County takes a stance against TIF, it could put the county and Lakeville in a somewhat contentious situation. "From the couple (TIF) projects we've moved through lately, honestly, it's what we feel is best for Lakeville, and we're going to do what's best for Lakeville," Davis said. "We hope Dakota County gets on board with us and supports us. But at the end of the day, while we do look at what's the greater good for Dakota County, we have to first and foremost take care of Lakeville." 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Officials touted an investment of up to $70 million and say the new facility will add up to 500 jobs. Tax incentives for the project were provided by Shakopee and Scott County. INNOVATIONS GREAT PLACES TO MAKE STUFF The Magic of Relationships The City of Chaska leverages relationships and aggressive economic development to become a manufacturing powerhouse. Earher this year, Ken Camey, owner of Exactec, a manufacturer of retail displays and store fixtures was weigh- ing whether he could best accommodate projections for his company's growth by staying in his leased facility in Chaska, or by finding a different location. His company and its 70 employees make products for a Who's Who of retailers like Target and Sears as well as working for individual brands through marketing and design firms. He had purchased the company in 2000, which at the time was a small family-owned contract manufacturer that specialized in laser cutting of sheet plastic. He later transformed it into its current specialty. "The business was here when we bought it," he says. "We stayed in the same building, but we expanded quite a bit and have grown the business. It is probably four to five times the size it was." Carney admits he didn't have "a whole lot of connection" with the city before he realized he needed more space and approached the city to help defray costs associated with a 20,000 square foot expansion for manufacturing and distribution. The expansion would double the company's production capacity in terms of square footage. The city responded quickly with a package that included $100,000 in tax abatement over 20 years. "It made a difference in terms of our decision to go ahead and expand here in Chaska," Camey says., On top of that, he was impressed with the speed with which the city got it done. After talking to people in other cities, he says, he realized it can be a long and drawn out process. "They knew we were on a tight schedule to make a decision and they really accelerated the whole process." "They are very interested in seeing businesses expand here in Chaska. In fact, 8 ENTERPRISE MINNESOTA OCTOBER2014 it didn't take long at all." In fact, he says, the city offered Camey "a very good dear' on a piece of property, if he preferred to build a new building from scratch. With the deal done, Carney says, "now we're here for the long term." Jeffrey Dahl, assistant city administrator for Chaska, said that Exactec's experience reflects the city's commitment to jobs. "The city and the council have maintained a key objective over the past many decades that they want good jobs in the community," he says. "With that, we want people to work here, live here, spend their time here -- to build community here." He admits that Chaska might try a little harder because of its location. "It is a little bit more challenging when you are more of a third -ring suburb, far Jeffrey Dahl, Chaska's assistant city manager says his city has a three-part formula for economic success, all revolving around personal relationships. Ken Carney, owner of Exactec, recently secured $100,000 in tax abatement to help with a much needed building expansion. bm the urban core," he says. As a result the ity invests a lot of time and investment in :rms of attracting industries "that have a lot f good quality jobs, where the businesses re part of the community, where the people lat work there live in the community and Ike part in the community" Chaska's three-part formula for ;onomic success, he says, revolves around :lationship building. The first is with the businesses that are (ready located in Chaska. "We have a roactive business retention and expansion [an. We value those relationships. We make me to meet and have relationships with key asinesses through Rotary, the Lion's Club r by making company visits. We want to �e how they're doing. They can call us at iy time and talk about their needs and have good relationship, so there are no barriers. fe want to stay ahead of the game as far as leir plans in the community." The second, he says, is to continually ;velop relationships with other economic welopment partners, such as the State of [innesota, Carver County, and Greater MSP, e regional economic development entity. These relationships, he says, are vital. We try to be close to the ground and know hat new businesses are looking for. "As a result, we've been very successful )di getting grant money, and at being the st ones to market ourselves to businesses at might be coming to the state or from a fferent part of the country." The third leg of the strategy has been to : "very aggressive" in providing incentives attract businesses through tax abatement, x increment financing and other areas. "Our council sees the value in that," Dahl says, adding that "it is quantifiable" how those development costs are offset by long term gains in job creation, increased tax revenue and improvements in infrastructure. "If a couple medical manufacturing device firms in town get to be by each other, it all kind of snowballs," he says. "It creates a strong business environment and economic base." One of the biggest recent success stories was when Beckman Coulter was able to leverage direct economic development assistance spearheaded by the city to help bring a hundred new high -paying jobs to Chaska. The Beckman Coulter Chaska facility is part of a company based in Pasadena, California that manufactures biomedical laboratory instruments. Worldwide, the company reportedly has revenue of more than $3.6 billion and more than 12,000 employees. The Chaska -based branch approached the city for help offsetting some development costs related to locating a new line of manufacturing into the plant. "They came to us and asked if there were any programs. With our relationships with the state and the county we were able to provide them with more than $700,000 in funds to help. And it worked. Ultimately, Dahl says, the Beckman Coulter effort will bring a hundred new jobs, averaging $70,000 per year — a home run in any economic development playbook. "The executives know that they can call us to get things done," Dahl says. "And they also know the relationships we have with the state and the county folks that partner with us." PROUDLY SERVING MINNESOTA BUSINESSES FOR MORE THAN 145 YEARS. Providing our clients and communities the legal counsel, firm commitment, and high principles they deserve. WE SEE SOLUTIONS. MiNNFAWLL561LN2)000I g..ClO11DlIpi u WASNWLlON, OC ]OI.AS.S]00 OCTOBER 2014 ENTERPRISE MINNESOTA 1 9