CR2002-188 revise Leg Policy 7-D
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HOPKINS
. November 22,2002 Council Report 2002-188
REVISE LEGISLATIVE POLICY 7-D
TAXABLE/TAX EXEMPT FINANCING
Proposed Action
Staffrecommends approval of the following motion: adopt Resolution 2002-109, revising
Legislative Policy 7-D.
Adoption of this resolution will formally revise fee structures for taxable/tax exempt financing.
Overview
The City adopted a policy in 1991 concerning the issuance of taxable/tax exempt bond financing
for private development. This policy details an application fee of$5,000 and an administrative
fee of one-quarter percent of the bond issue with a maximum of $1 0,000. The revision as
proposed would increase the administrative fee to one-half percent with no maximum limit. This
increase is very consistent with what other cities charge.
. Supportine Documents
. Resolution 2002-109
. Legislative Policy 7-0
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Planning/Economic Development Director
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Related Documents (CIP, ERP, etc.):
Notes:
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2002-109
REVISE LEGISLATIVE POLICY 7-D
T AXABLE/T AX EXEMPT FINANCING
WHEREAS, the City of Hopkins has approved a document entitled "The Legislative Policy
Manual" to perform uniform guidelines and City policy so that actions taken are consistent and
fair; and
WHEREAS, the City of Hopkins has approved Policy 7-D, relating to the use ofrevenue
bond financing for private development; and
WHEREAS, these policies need to be revised from time to time
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins,
Milmesota, that Section 4.01h of Policy 7-0 be revised to increase the administrative fee to one-
half percent and remove the maximum limit.
Adopted this day of December 2002.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obennaier, City Clerk
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LEGISLATIVE POLICY MANUAL
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POLICY 7-D
T AXABLEtT AX EXEMPT FINANCING POLICY
1. PURPOSE
1.01 The purpose of this policy is to establish the City's position on the use of Revenue Bond
Financing for private development. This policy shall be used as a guide in processing
and reviewing applications requesting Taxable/Tax Exempt Financing.
2. STATUTORY LIMITATIONS
2.01 In accordance with the Taxable/Tax-Exempt Financing Policy, requests must comply
with applicable State and Federal Statutes. The City of Hopkins is governed by the
limitations established in Minnesota Statute 474, the Minnesota Municipal Industrial
Development Act.
3. FILING CRITERIA
3.01 The applicant must provide all of the following items with the application, unless
. waived by the Director ofPlalIDing and Economic Development:
A. If the project requires approval by the Zoning and Planning Commission, the
applicant must apply for these approvals prior to or with this application.
B. A written opinion, with supporting justification, from an expert acceptable to the
Director of Planning and Economic Development, to document that the
development will not adversely affect similar, existing developments. This
requirement may be waived if there are no similar developments in the area of your
project, or ifit is an existing development.
C. A public hearing notice and resolution of preliminary approval. Applicant must have
these items prepared by the City's Bond Counsel.
D. An application fee of $5,000. This fee is nonrefundable and is separate from the
Bond Counsels', City Attorneys', and/or closing costs. The applicant agrees to pay all
costs involved in the legal and fiscal review of this project. These costs include the
Bond Counsel, City Attorney, and all costs involved in the issuance of the bonds to
finance the project.
4. CRITERIA FOR THE USE OF TAXABLE/TAX-EXEMPT FINANCING
4.01 As a matter of adopted policy, the City of Hopkins will consider using Taxable/Tax-
Exempt Financing to assist private developments only if the following requirements are
met:
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Legislative Policy Manual -- Chapter 8-H 1
A. The project shall not require a significant amount of public money for City
. improvements if the City Council determines that the site is premature for
development.
B. The notes or bonds shall be for an issue not less than $250,000.
C. Construction must begin within one year of preliminary approval. The City Council
may grant a time extension if just cause is shown.
D. Contractors doing work on projects funded in whole or in part by taxable/tax-
exempt financing:
1. Shall not discriminate in the hiring and firing of employees on the basis ofrace,
color, creed, religion, national origin, sex, marital status, age, disability or the need
for public assistance.
2. Shall pay employees as provided under the United States Code, Section 276A.
E. Applicant must use the City's Bond Counsel.
F. Project application will be reviewed based upon the following review standards.
Applications meeting more of the following standards, or more extensively meeting
some of the standards, will generally be considered before those which do not meet
all of them or meet them less extensively:
1. Facilitation of the City's development or redevelopment objectives.
2. The number of additional jobs created or retained in the City.
3. Projected increase in property tax revenue.
4. The amount of equity participation above 10%.
5. The quality of the project, as represented by renderings, site plans, the applicant's
. record of development, etc.
6. Need for public assistance to facilitate project.
7. Financial feasibility of proj ect.
8. How the project, if residential, meets the housing needs of the City.
Applications will also be reviewed to ascertain:
1. The projects impact on additional City services.
2. The view of individuals and businesses expressed at the public hearing on the
projects.
G. The project must exceed minimum code requirements for architectural and site
design.
H. The applicant must pay an administrative fee to the City of one quarter one-half
percent of the bond issue '.vith a maximum of $10,000 at the time of closing. The City
will credit the application fee against the administrative fee.
5, REQUIREMENTS FOR THE USE OF T AXABLE/T AX-EXEMPT FINANCING
FOR RESIDENTIAL PROJECTS.
2.04 The Taxable/Tax-Exempt residential project bond indenture agreement shall require:
A. The developer must periodically certify to the City and trustee, compliance with the
federal low-to-moderate income requirement. The frequency of certification shall
be detennined on a case-by-case basis.
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Legislative Policy Manual n Chapter 8-H 2
B. The trustee is to inform the City of noncompliance trends with federal low-to-
. moderate income requirements.
C. Developer must stipulate the federal law requirements for the set-aside of low-to-
moderate income units and any other set-aside provisions agreed to by the
developer.
6. OTHER PROVISIONS.
6.01 The Council resolution giving preliminary approval to a project shall specify:
A. That the City reserves the right in its sole discretion to withdraw the preliminary
approval at any time prior to the issuance of taxable/tax-exempt obligations for the
project upon its determination that the purposes of the Act and this policy would
not be served thereby and that the Council's decision on this matter IS
uncontestable.
B. That any approval given tenninates one year from the date of the resolution and
may be renewed only upon request of the applicant.
7. MODIFICATION IN POLICY.
7.01 This statement is intended as a general guide for the policy to be followed by the City
Council in considering applications for taxable/tax-exempt financing. It is not binding
. on the Council and may be modified by the Council in the case of any projects in which,
in the sole discretion of the Council, such modification is deemed necessary or
appropriate in the interest of the City.
7.02 The City staff shall have the option of amending or waiving sections of this policy when
determined necessary or appropriate and when such changes do not affect the overall
impact of this policy.
Established 11/19/91
City of Hopkins
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Legislative Policy Manual -- Chapter 8-H 3