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EDA Agenda 08-24-2015 (Joint Meeting)EDA SPECIAL MEETING – JOINT MEETING WITH CITY COUNCIL Monday, August 24th, 2015 5:45 p.m. Mississippi Room - 505 Walnut Street, Monticello, MN Commissioners:President Bill Demeules, Vice President Bill Tapper, Treasurer Tracy Hinz, James Davidson, Steve Johnson and Council members Tom Perrault and Lloyd Hilgart City Council: Mayor Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault, Glen Posusta Staff: Executive Director Jeff O’Neill, Angela Schumann, Wayne Oberg, Tammy Omdahl (Northland Securities) 1.Call to Order. 2.Roll Call. 3.EDA/HRA Levy and Budget – Consideration to adopt EDA Resolution EDA-2015-008 authorizing the levy of a special benefit levypursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and approval of a budget for fiscal year 2016. 4.Adjourn. EDA/City Council Workshop – 08/24/15 1 3.Consideration to adopt EDA Resolution EDA-2015-008 authorizing the levy of a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and approval of a budget for fiscal year 2016. (AS/JO/WO) A.REFERENCE & BACKGROUND The EDA has requested a joint meeting with the City Council to further the understanding of the HRA or EDA levy option and to gain Council feedback regarding the adoption of a resolution authorizing a levy and budget for 2016. This requested action comes as a result of the EDA’s research on adopting an EDA or HRA levy. Research regarding a potential EDA or HRA levy is an adopted goal within the EDA’s annual work plan. At this time, the EDA is seeking Council feedback to assist them in their decision-making regarding a potential EDA or HRA levy. Ultimately, the EDA recognizes that the City Council must approve or deny the adoption of either an EDA or HRA levy. In its research of the levy option, the EDA analyzed its available funding sources, operating expenses, and its goals and objectives as set out by the adopted Comprehensive Plan and EDA work plan. The EDA has recognized that its existing financial resources to achieve these goals have limitations. These financial resources include pooled increment in TIF District 1-22, the available balance in the EDA general fund, and the available increment in decertified TIF District 1-6. Furthermore, as these three resources are used to tackle projects such as those on Block 34, funds dwindle to support other economic development initiatives. In addition, the EDA will need to continue funding of day- to-day operations of the EDA for marketing, TIF district administration, loan management, etc. As an outcome of this analysis, it appears that without a recurring funding source, the EDA’s current available funds will be depleted quickly for day to day economic development operations, leaving few resources to accomplish more strategic initiatives, including the facilitation and support of the Embracing Downtown Plan. Adoption of a levy will create the financial opportunity to continue working towards the accomplishment of these goals and objectives. Importantly, the levy option can be used as an alternative to the current process of the EDA’s request for an allocation from the City’s general levy each year. The levy would provide a separate funding source for the EDA as an alternative to this fund transfer each year. More information on each levy type can be found in the attached memo (previously provided to the EDA and City Council on May 26th, 2015). In Wright County, staff’s understanding is that both would be clearly identified on the taxing statement as a separate levy. EDA/City Council Workshop – 08/24/15 2 The Council will also have a number of points of oversight for any EDA or HRA levy and/or use of levy funds. These include: 1.Filing of annual budget (required) 2.Joint meetings for purchase or sale of property 3.End of year Economic Development Activities report 4.Work Plan ratification (required) 5.Annual consideration for adoption of levy (required) As identified above and as part of the decision to adopt a levy, the EDA must also adopt a budget which identifies the use of the levy funds. The budget must also be filed with the City Council. Staff had prepared a 2016 proposed EDA budget, previously presented to the City Council during a budget workshop. That budget was estimated at $141,000, and included the hiring of a dedicated economic development staff position, but did not include additional funding through a levy for redevelopment and housing activities. If an HRA levy (also known as a “special benefit levy”) were to be adopted at the full allowable statutory limit, it would generate approximately $280,000. For the purposes of Council/EDA workshop discussion, the proposed EDA budget has been revised to include the addition of redevelopment and housing activities funding through use of the maximum allowable HRA levy. Approximately $155,000 is proposed to be allocated to a line item of “redevelopment and housing activities” for accomplishment of strategic objectives. The EDA budget would total $305,000 with this addition through the levy. The balance of the EDA’s funding (outside of an HRA levy) would come from interest earnings and other revenues. If an EDA or HRA levy were to be denied by the Council, the proposed EDA budget would be revised back to $150,000, which includes an adjusted amount for health care for a dedicated economic development staff person. As noted in the City Council budget presentation, this amount represents an increase in the requested allocation from the City Council over recent years due to the inclusion of the staff position. The EDA has held a number of workshops for the evaluation of levy information, including a joint workshop with the City Council on May 26th, 2015. During that workshop, information was presented to the City Council regarding both the EDA and HRA types of levies, amount of revenue generated, impact to the City’s overall levy, and potential impact to a general taxpayer. On May 26th, the City Council authorized formal notification to Wright County of its intent to adopt the levy (or levies) for 2016. An EDA or HRA levy must be adopted by the City Council and provided to Wright County by September 15th, 2015. Based on the discussions at the various EDA workshops, staff has prepared a resolution for review by the EDA and Council for adoption of an HRA levy and EDA/City Council Workshop – 08/24/15 3 budget. At this time, the EDA and Council are asked to provide input in order to move this item forward to the City Council for consideration. A1. Budget Impact:Northland Securities and Kennedy & Graven were used to assist staff in the research and development of information for the EDA and Council on this issue. The impact for this assistance has been to the EDA’s general fund budget for Miscellaneous Professional Services and totals approximately $3,000. A2. Staff Workload Impact:Staff time on the part of the City Administrator, Finance Director and Community Development Director has been expended in support of the research and presentation of this information. B.ALTERNATIVE ACTIONS Pending the discussion at the workshop, the EDA may choose to take action to approve or deny the resolution, or may wish to table action on this item to their regular September meeting, with modifications to the proposed budget and resolution. 1.Motion to adopt EDA Resolution EDA-2015-008 authorizing the levy of a special benefit levypursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and approval of a budget for fiscal year 2016. 2.Motion to denyadoption of adopt EDA Resolution EDA-2015-008 authorizing the levy of a special benefit levypursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and approval of a budget for fiscal year 2016. 3.Motion to table action on the adoption of EDA Resolution EDA-2015-008 authorizing the levy of a special benefit levypursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and approval of a budget for fiscal year 2016 to the September 8th, 2015 meeting of the EDA and request modifications to both documents as directed by the EDA and Council. C. STAFF RECOMMENDATION Staff recognizes this is a policy decision for the EDA and Council. For discussion and decision purposes, staff has provided a resolution for adoption of an HRA levy at the full allowable statutory limit. This is based on feedback and discussion received during the EDA workshops regarding the levy options. D. SUPPORTING DATA A. Resolution EDA-2015-008 B. Memorandum – Kennedy & Graven, dated March 23rd, 2015 C.Sample EDA Budget 2016, with HRA Levy 466721v1 MNI MN190-101 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA-2015-008 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2016 WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended, the City Council of the City of Monticello, Minnesota (the “City”) previously created the City of Monticello Economic Development Authority (the “Authority”); and WHEREAS, the Authority is authorized to exercise all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and WHEREAS, Section 469.033, subd. 6, of the HRA Act permits the Authority to levy and collect a special benefit tax of up to .0185 percent of taxable market value in the City, levied upon all taxable real property within the City, to finance the Authority’s economic development and redevelopment activities; and WHEREAS, the special benefit tax levy authorized by Section 469.033, subd. 6 of the HRA Act is separate and distinct from the City’s levy and is not subject to levy limits; and WHEREAS, the Authority desires to levy a special benefit tax in the amount of .0185 percent of taxable market value in the City; and WHEREAS, at a joint work session of the City Council and Authority Board held on the date hereof, the City Council and Authority Board discussed levying the special benefit tax; and WHEREAS, the Authority has determined to adopt a budget for fiscal year 2016 that provides for the levy of the special benefit tax in the amount of .0185 percent of taxable market value of property in the City, to be used for the Authority’s economic development and redevelopment activities. NOW, THEREFORE, Be It Resolved by the Board of Commissioners (“Board”) of the Monticello Economic Development Authority as follows: 1. The Board hereby approves a budget of $305,000 (excluding TIF district and loan activity) for fiscal year 2016, including the levy of a special benefit tax in an amount not to exceed $280,000, subject to approval of such budget by the City Council prior to September 15, 2015. 2. Staff of the Authority is hereby authorized and directed to file the budget with the 466721v1 MNI MN190-101 2 City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6 and request that the City Council consider approval of the special benefits tax levy. 3. There is hereby levied a special benefit tax pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in an amount not to exceed $280,000 with respect to taxes payable in calendar year 2016, contingent upon the approval of the City Council. 4. Staff of the Authority is hereby authorized and directed to take such other actions as are necessary to levy and certify such levy upon approval by the City Council. 466721v1 MNI MN190-101 3 Approved by the Board of Commissioners of the Economic Development Authority of Monticello, Minnesota this 24th day of August, 2015. President Attest: Executive Director 457807v1 MNI MN190-101 Kennedy Offices in Minneapolis Saint Paul St. Cloud 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action Equal Opportunity Employer Graven CHARTERED MEMORANDUM TO: Board of Commissioners, Monticello Economic Development Authority FROM: Martha Ingram, Kennedy & Graven, Chartered CC: Tammy Omdal, Northland Securities, Inc. DATE: March 23, 2015 RE: HRA/EDA Tax Levies You have requested an explanation of the authority for the two types of levies available to the City of Monticello Economic Development Authority (“EDA”), and some historical background on those levies. The two levies are sometimes referred to as the “HRA levy” and the “EDA levy,” described as follows. 1. HRA levy Under Minnesota Statutes, Sections 469.091 an economic development authority has all the powers of a housing and redevelopment authority under Sections 469.001 to 469.047 (the “HRA Act”), unless those powers are limited by the City’s enabling resolution that established the authority. The enabling resolution that established the Monticello EDA contained no such limitations, and in fact, in about 2008, the City acted to consolidate the functions of the EDA and HRA and to bring all such functions under the purview of the EDA. Therefore, the EDA may essentially act as a housing and redevelopment authority and exercise all powers under the HRA Act, as well as exercising its economic development powers under Minnesota Statutes, Sections 469.090 to 469.1081 (the “EDA Act”). Under Section 469.033 of the HRA Act, an HRA may levy a tax on its area of operation for the purposes authorized under the HRA Act, subject to consent by the city council. The levy may not exceed .0185 percent of the taxable market value in the City. The “area of operation” of the authority is the boundaries of the City. Since the EDA has all the powers of a housing and redevelopment authority, the EDA may levy the tax authorized under Section 469.033, subject to the same limitations and procedures that would apply if it were levied by a housing and redevelopment authority. The HRA levy has two important features. First, the proceeds must be used only “for the purposes of [the HRA Act].” Minnesota Statutes, Section 469.033, subd. 6. Those purposes, broadly, include redevelopment to correct or prevent blight, and development of or assistance to housing for low or moderate income persons. & 457807v1 MNI MN190-101 Second, the HRA levy is technically raised by the EDA (using its HRA Act powers), albeit approved by the City Council. The levy amount is above and beyond any levy limits that apply to the City; the only limit is the .0185% of market value described above. As such, the HRA levy is a reliable source of revenue independent of City revenues. As shown in Exhibit A, attached, the maximum HRA levy authorized for 2015 in Monticello is $280,011. 2. EDA levy Section 469.107 of the EDA Act provides separate authority for a tax levy to benefit the EDA. Under this provision, the City levies the tax at the request of the EDA. The amount levied is limited to .01813 percent of the taxable market value in the City (a higher levy is permissible but subject to reverse referendum). For Monticello in 2015, the maximum authorized EDA levy is $274,410. This levy is different from the HRA levy in two respects. First, it is made by the City for the benefit of the EDA, at the EDA’s request. The amount is within the City’s overall levy limits. As such, it is essentially the same as an appropriation to the EDA from the City’s general funds. In any year in which levy limits apply, the EDA levy would compete with general City needs. As such, the EDA levy is not as stable, and consequently is not frequently used (at least among the cities I work with). Second, the statute does not expressly limit the proceeds to any particular use, but the implication is that they may be used for any activity an EDA is authorized to carry out under the EDA Act. Those uses include housing and redevelopment activities under the HRA Act, but also broader economic development activities. That is, the EDA levy has a slightly higher limit, and fewer restrictions on use; however, these benefits tend to be overshadowed by the City levy limit problem described above. The existence of these two separate levies can be explained by the history of the EDA Act. That statute was enacted in 1986, and was intended (by its proponents) as mechanism to consolidate development and redevelopment powers in a single agency. However, that concept became somewhat controversial, and the powers of economic development authorities were scaled back during the course of the legislative session. The final result was a statute that provides some new powers for economic development authorities, coupled with the cross-referenced powers of housing and redevelopment authorities and cities. In practice, the cross -referenced powers have been more beneficial. The City could, if it chose, use both the EDA levy and the HRA levy, as long as the EDA levy is used for purposes other than housing and redevelopment. Again, this strategy would be no different than simply appropriating City funds to the EDA, in addition to allowing the EDA to raise its own levy (using the HRA levy power). 3. Process If the EDA wishes to levy an HRA levy, the steps required are fairly straightforward. First, the EDA must prepare and file an annual budget (for its housing and redevelopment activities) in accordance with the budget procedures of the City. The EDA must request that the City Council approve a levy based on this budget. The City Council must review the budget and consent to 457807v1 MNI MN190-101 the HRA levy by resolution. No public hearing is required for this process. Once adopted, the HRA levy is included in the City’s preliminary levy certification and is collected by the County in the same manner as general City taxes, but is kept in a separate fund and turned over to the EDA directly. The process is basically the same if the EDA wishes to institute an EDA levy. As previously stated, though, the EDA levy should be considered to be part of the City’s general levy, rather than a special levy independent of City revenues. Once the EDA levy is in place, it may be increased above the statutory limit, but only if the following requirements are met. First, the City Council must adopt a resolution stating the proposed amount of the increase. The resolution and a notice of public hearing must then be published for two successive weeks in the official newspaper of the City, with the first publication taking place at least two weeks before the public hearing. After the hearing, the City Council may (but is not required to) adopt a resolution authorizing the proposed increase or a lesser increase. This resolution must also be published once. If a petition requesting a referendum on the increase, signed by voters equaling at least 5 percent of the votes cast in the most recent general election, is filed with the City Clerk within 30 days of publication, the resolution will not become effective and an election on the increase will be required. 4. Calculation of City Taxes Attributable to Decertified TIF Districts You also requested information on the amount of taxes that will be available to the City upon decertification of various tax increment financing (“TIF”) districts that are nearing the end of their statutory terms. As shown in Exhibit A, there are three TIF districts that will be decertified in the near future: TIF District No. 36 (decertified by end of 2015), TIF District No. 37 (decertified by end of 2015), and TIF District No. 38 (decertified by end of 2017). Upon decertification of these TIF districts, property taxes currently paid over to the City as tax increment from parcels within the TIF districts will instead be distributed by Wright County to the normal taxing jurisdictions, resulting in an increase in tax revenues available for general City purposes. The estimated additional city taxes that will become available as a result of decertifying TIF District No. 36 and TIF District No. 37 at the end of 2015 is $32,028. The additional amount available at the end of 2017 will be approximately $4,887. In total, the annual amount of property tax going to the City’s general fund after the end of 2017 is approximately $37,000. If you have further questions on these points, please let me know. 457807v1 MNI MN190-101 EXHIBIT A 2016 Budget Draft 1 - EXPENDITURES EDA FUND 2011 2012 2013 2014 2015 2015 2016 % EDA General EDA/HRA ACTUAL ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET CHANGE 213-46301-410100 SALARIES, FULL TIME - REG 18,214$9,883$2,209$4,255$8,727$8,727$65,898$655.10% 213-46301-410200 SALARIES, FULL TIME - OT ---66 ------ 213-46301-410400 SALARIES, TEMPORARY - REG ---------- 213-46301-410900 SALARIES, OTHER ---------- 213-46301-411100 SEVERANCE PAY ---------- 213-46301-412100 PERA CONTRIBUTIONS 1,320 716 160 314 655 655 4,942 654.50% 213-46301-412200 FICA CONTRIBUTIONS 1,091 590 124 242 541 541 4,086 655.27% 213-46301-412300 MEDICARE CONTRIBUTIONS 255 138 29 56 127 127 956 652.76% 213-46301-413100 HEALTH/DENTAL/LIFE INSURAN 4,984 2,579 594 999 2,754 2,754 17,745 544.34% 213-46301-413500 FLEX BENEFITS ---------- 213-46301-421990 GENL OPERATING SUPPLIES -1,170 -36 ------ 213-46301-422990 MISC REPAIR & MTC SUPPLIES ---------- 213-46301-424100 SMALL TOOLS & EQUIPMENT ---------- 213-46301-430260 PROF SRV - CONSTRUCTION CO ---------- 213-46301-430300 PROF SRV - ENGINEERING FEE 4,533 4,461 -5,379 1,000 1,000 1,000 0.00% 213-46301-430400 PROF SRV - LEGAL FEES 10,931 10,487 6,306 17,724 10,000 10,000 10,000 0.00% 213-46301-430910 PROF SRV - Market Matching --24,000 48,000 48,000 48,000 12,000 -75.00% 213-46301-431990 MISC PROFESSIONAL SERVICES 6,003 32,936 997 30,874 10,000 10,000 10,000 0.00% 213-46301-432150 IT Services 691 1,400 1,416 1,416 1,416 213-46301-432400 DELIVERY MAIL SERVICE (UPS 1,331 109 46 24 ------ 213-46301-433100 TRAVEL EXPENSE -290 3 ---500 --- 213-46301-433200 CONFERENCE & SCHOOLS 154 148 95 76 --1,000 --- 213-46301-434600 MARKETING 17,338 13,047 723 1,144 17,000 17,000 5,000 -70.59% 213-46301-435100 LEGAL NOTICE PUBLICATION 1,114 274 260 77 500 500 500 0.00% 213-46301-435200 GENERAL PUBLIC INFORMATION 4,998 399 -------- 213-46301-436100 Insurance - Liability/Property/Vehicle 2,073 8,026 486 486 486 213-46301-437100 PROPERTY TAXES 374 -1,628 1,512 1,700 1,700 1,600 -5.88% 213-46301-438200 WATER & SEWER ---------- 213-46301-438300 GAS ---------- 213-46301-443300 DUES, MEMBERSHIP & SUBSCRI 10,769 4,309 2,373 3,041 10,000 10,000 10,000 0.00% 213-46301-443500 BOOKS & PAMPHLETS ---------- 213-46301-443800 Redevelopment (account placeholder)-260 ----155,000 --- 213-46301-443990 MISC OTHER EXPENSE 2,823 658 2,323 2,901 3,244 3,244 2,871 -11.50% 213-46301-451010 LAND (or value adjusted)--55,800 71,000 ------ 213-46301-453010 IMPROVEMENTS ---------- 213-46301-458010 Other Equipment ---------- 213-46301-460300 Interfund Loan - Principal ---------- 213-46301-461300 Interfund Loan - Interest ---------- 213-46301-461500 SA INT PYBL-LAND FOR RESAL ---------- 213-46301-472030 TRANSFER TO GENERAL FUND ---------- 213-46301-472030 TRANSFER TO DEBT SERVICE F ---------- 213-46301-472030 TRANSFER OUT - TRUNK FEES ---------- TOTAL EXPENDITURES 86,232$82,454$100,434$197,146$116,150$116,150$305,000$162.59%