HomeMy WebLinkAbout2002-03-15 Briggs & Morgan Ltr to OPH RE Possible TIFBRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
March 15, 2002
Judy Hoist
City Finance Director
City of Oak Park Heights
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Heights, MN 55082 -2007
Dear Judy:
1388158v1
VIA 8 2OOz
Re: Possible Tax Increment Financing District For Tim Nolde Project
I am writing to respond to your recent call to me on this. I understand Tim Nolde has
approached the City with a request for tax increment financing, although the exact contours of
such a TIF district and the type of the proposed project are indefinite.
As you know, the tax increment law has grown increasingly more complicated. In the
typical case, one starts with a precise parcel or delineated area of land, together with a fairly
complete description of the new facilities to be constructed thereon, and then can proceed to
determine whether or not a tax increment district and tax increment assistance are possible. For
these and other reasons, any guidance given in this letter must of necessity be incomplete and
over - general.
I understand that the site of such a tax increment district might include the auto salvage
properties and certain adjacent properties, including possibly certain homes which are currently
existing nearby.
The reuse of this property, should the project proceed, is assumed to be some sort of
residential reuse, either rental or owner - occupied.
I believe there are only two possibilities for a tax increment financing district in this
situation. The first would be a "redevelopment district" or a lesser sub - species thereof known as
a "renewal and renovation district ". In this regard, I have enclosed the definitions of those two
districts from the tax increment law and have highlighted certain provisions to help identify the
basic qualifications.
MINNEAPOLIS OFFICE IDS CENTER ■ WWW BRIGGS.COM
MEMBER --- LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS
:200 FIRST NATIONAL BANK BUILDING
332 MINNESOTA STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE (651) 223-6600
FACSIMLE (651) 223 -6450
WRITER'S DIRECT DIAL
(651) 223-6420
WRITER'S E-MAIL
jomeara@briggs.com
BRIGGS AND MORGAN
Judy Hoist
March 15, 2002
Page2
From my limited knowledge of the possible property in question, I am presently doubtful
that a redevelopment or a renewal and renovation tax increment financing district is possible. I
say that because I'm not certain that the requisite number of buildings would be "structurally
substandard," as required, or that a sufficient percentage (generally, at least 15%) of the area of
the tax increment financing district (however it may come to be drawn) would be considered
"occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures,"
again as required in the enclosed excerpts from the tax increment law.
If, however, a specified area could qualify as such a redevelopment tax increment district,
or a renewal and renovation tax increment district, then the actual reuse of the property would no
longer be an issue as far as qualification goes (for example, there would not be income limits for
homeowners purchasing the units or renters renting the units, as is the case for housing tax
increment districts discussed below). However, there are a number of other tax increment
financing rules which come into play, including limitations on how the increment from a
redevelopment district can be spent.
The other possibility would be a "housing" tax increment district. Here, the focus is not
on what is on the property now, but what sort of housing will be corning for the area and, more
particularly, what income limits it will be necessary to observe for the purchasers of the housing
(if it is owner - occupied) or for the renters (if it is apartments).
If the project for such a tax increment district would be owner - occupied housing, then at
least 95% of the housing units would have to be sold to and occupied by initial purchasers that
meet the following income limits. For a "family" of two persons or fewer, the limit would be
100% of the greater of the area median gross income or the statewide median gross income. If
the household size is three or more persons, then the percentage goes to 115 %. For 2002, I
believe the basic income figure would be $76,700, which would be the limit for one or two
person households, and $115% of that number (or $88,205) would be the limit for purchasing
households of three or more persons. These numbers are revised each fiscal year by HUD.
When it comes to rental housing, the requirements are that the rental project meet one of
three set aside income limits, namely, the 20/50, the 40/60, or the 50/80 limit. For example,
20/50 means that at least 20% of the units must be rented to and occupied by persons /families
whose income does not exceed 50% of area median gross income, adjusted for family size.
1388158v1
For the 20/50 test, in 2002 this would translate to the following income limits:
BRIGGS AND MGRGAN
Judy Hoist
March 15, 2002
Page 3
The above discussion is intended only to give some basic rules of eligibility for possible
tax increment treatment. I again qualify the above in its entirety. Only by sitting down and
reviewing the final details can the determination be made whether or not a particular area or a
particular project would qualify to be established as a tax increment project and to receive tax
increment assistance.
JO /peg
Enclosure
cc: (w /encl.): Kris Danielson
1388158v1
# of Persons Income Limit
1 $26,845
2 30,680
3 34,515
4 38,350
5 41,418
rs very ti y
ames P. O'Meara
Fiscal Years
2002-
2003
Con
+
Trade &
Economic
Development
Business & Community
Development
tamination
Cleanup
Grant
Application
Brownfields and Community Assistance Unit
FY 02 -03
TABLE OF CONTENTS
Instructions
Purpose /Background 11
Eligible Costs III
Funding Availability III
Eligible Applicants III
Qualifying Sites III
Required Budget/Schedule IV
Local Match Requirement V
Required Appraisals VI
Awarding Grants VI
Application
Site Identification /Site History 2
Site Information 2
Site History 3
cleanup
Contamination 4
Cost Recovery 6
Cost Analysis 7
Investigation, Cleanup and Project Cost Budgets 7
Budget Table 8
Appraisal 8
Financing 9
Local Match Requirement 9
Development Assessment Potential After Cleanup 10
Property Taxes 11
Job Creation 12
Job Table 12
Project Schedule 13
Third Party /Company Commitment information 14
Payment Information 14
Resolutions 15
Resolution #1 15
Resolution #2 16
FY 02 -03
cleanup
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
500 Metro Square
121 m 7th Place East
St. Paul Minnesota 55101
Contact: Brownfields and Community Assistance Unit 651 - 296 -5005
CONTAMINATION CLEANUP GRANT APPLICATION
***YOU MUST READ THE FOLLOWING NARRATIVE
TO FULLY UNDERSTAND THE APPLICATION PROCESS***
INSTRUCTIONS
Pursuant to Minnesota Statutes §§ 116J.551 116J.558, the Minnesota Department of Trade and
Economic Development (DTED) has the authority to award grants for the cleanup of
contaminated sites to allow for redevelopment. Contamination Cleanup Grant applications are
accepted semiannually. Deadlines for application are November 1 and May 1 of each year. In
the event that these days fall on a weekend, the deadline will be the following business day.
Applications must be received by DTED by 4 P.M. on either date. You must submit the original
application and 2 copies. NOTE: An applicant can apply for more than one site. However, an
application must be completed for each site individually.
Please fill out the entire application. All applications must be complete upon submission in order
to qualify for a grant.
PURPOSE/BACKGROUND: The Contamination Cleanup Grant program was established by
the 1993 legislature to provide funds to clean up contaminated sites and provide a greater
opportunity to convert contaminated property into a marketable asset. The main objective of this
program is to serve the best interests and needs of communities by removing pollutants from
sites within those communities in order to provide developable land and reduce the potential
threat to public health and the environment. The removal of contaminants also contributes to the
economic well -being of communities by providing new jobs and increasing the tax base on sites
that were previously polluted and unproductive or not producing at their highest potential.
11
FY 02 - 03
ELIGIBLE COSTS: The Contamination Cleanup Grant can pay up to 75% of the cost of
cleaning up contamination defined under the Minnesota Superfund Statute (MS. § 115B.02), as
well as petroleum contamination. Examples of petroleum contamination that may be eligible
under this program are rail yards, scrap yards, bulk oil storage facilities, and under and above-
ground storage tanks that are not eligible for the Minnesota Petrofund (see M.S. § 115C.01). For
information on contaminant eligibility under this program, see the Qualifying Sites section
below.
FUNDING AVAILABILITY: The total legislative appropriation for this grant program for
fiscal years 2002 and 2003 is $7 million of general fund monies for the cleanup of Superfund
contaminants and $12.4 million of Petrofund monies for the cleanup of eligible petroleum
contamination. Since the program runs on a semi- annual grant cycle, the monies will be divided
among the four cycles run during the biennium. Up to $250,000 of this funding will be awarded
per fiscal year under DTED's Investigation and RAP Development Grants.
The legislature has designated that at least 25% of available funds be spent on remediating sites
in Greater Minnesota unless sufficient applications are not received. This allows the grant
program to assist with cleanup efforts statewide.
ELIGIBLE APPLICANTS: Eligible applicants for this program are statutory or home rule
charter cities, economic development authorities, housing and redevelopment authorities,
counties, or port authorities. While these are the eligible applicants, the site can be either
privately or publicly owned.
QUALIFYING SITESe A site must meet each of the following criteria in order to qualify for a
Contamination Cleanup Grant:
cleanup
1) A grant cannot be given to a municipality in the Twin Cities Metropolitan Area unless it
is participating in the Metropolitan Council's Local Housing Incentives Program. For
information, call Guy Peterson at the Metropolitan Council at (651) 602 -1418.
2) A site cannot be scheduled for funding under the Federal Superfund Program (United
States Code, title 42, section 9601 et seq.) or the Environmental Response and Liability
Act (Minnesota Statutes §§ 115B.01 to 115B.24) under the current or next fiscal year.
3) A site must contain contaminants, pollutants or hazardous substances as referenced in
Minnesota Statutes § 115B.02 or petroleum that is not eligible for the Minnesota
Petrofund. Asbestos abatement in buildings does not qualify under this grant program.
4) A site must have 1) an appraised value after adjusting for the effect on the value due to
contamination (pre-cleanup) that is less than 75% of the estimated project costs (see
definition of Project Cost) costs or, 2) an appraised value less than or equal to the
estimated cleanup costs (see definition of Cleanup Cost below) for the site and the
cleanup costs equal or exceed $3 per square foot for the site. Accepted appraisal
methodology and independent appraisers must be used in appraising the site.
111
FY 02 -03
5) Finally, to qualify for this grant program, it is expected that the site will be improved with
buildings or other improvements, and that these buildings or improvements will provide a
substantial increase in the property tax base or will be used for an important publicly
owned or tax exempt facility. The final development of polluted sites may include, for
example, commercial, industrial, office or housing development.
The above criteria are aligned with the major goals of this program: public benefits,
redevelopment and economic development. In order to disburse monies to a wider range of
contaminated sites, we will not fund sites currently receiving federal or state funding under the
Superfund program. We also will not duplicate efforts by funding activities eligible for funding
under any other state cleanup program (i.e., the Department of Agriculture's ACRRA program,
other MPCA programs or Petrofund, etc.). THE 10% OF UNREIMBURSABLE COSTS
UNDER THE MINNESOTA PETROFUND PROGRAM ARE NOT ELIGIBLE UNDER
THIS PROGRAM. Also, any match required for other state cleanup programs are not eligible
under this grant.
REQUIRED BUDGET /SCHEDULE: The application requires that cleanup costs and project
costs be identified. For purposes of completing the budgets in the application, it is necessary to
follow the statutory definitions of "cleanup cost" and "project cost."
Cleanup Cost: "The costs of developing and implementing a response action plan, but does not
include implementation costs incurred before the award of a grant unless the application for the
grant was submitted within 180 days after the response action plan was approved by the
commissioner of the pollution control agency."
This means site assessment /testing and cleanup are eligible for grant funds. However, site
assessment/ testing that has been paid for by grant proceeds under the Contamination
Investigation and RAP Development Grant are not eligible. An applicant can begin to
implement the approved RAP before being awarded a grant if application for the grant is made
within 180 days of the MPCA approving the response action plan. This is done, of course, at the
discretion and risk of the applicant. Implementation of the RAP prior to a grant award does not
obligate DTED to reimburse the costs incurred nor provide funding to complete the RAP if a
grant is not awarded.
Project Cost: "The cleanup costs for the site (see above definition), and the cost of related site
acquisition, demolition of existing improvements, and installation of public improvements if
necessary for the applicant to implement the response action plan."
cleanup
Iv
ELIGIBLE COSTS
INELIGIBLE COSTS
Cleanup
Project Administration
Demolition (ifnecessary to implement RAP)
Demolition ( only for
redevelopment)
Acquisition and Relocation (ifnecessary to
implement RAP)
Acquisition and Relocation (ifnecessary only
for redevelopment)
Investigation (ifnot already fended under a
DTED Investigation and RAP Development
Grant)
Asbestos Abatement in Buildings
Environmental Consulting fees necessary to
implement the RAP
Contingencies
Public Improvements (ifnecessary to
implement the RAP)
Costs of appraisals or other application costs
.
FY 02--03
Some examples of eligible and ineligible costs are listed below.
You must also submit a detailed project schedule outlining the individual tasks and schedules of
the overall project (this will include the cleanup of the site as well as the time line for
developrnent after cleanup). The budget and time line pages to be filled out are included in the
following application. While the redevelopment of the site is considered in the application and
must be identified, grant funds can only be used towards the remediation of the site.
LOCAL MATCH REQUIREMENT: It is required that the applicant or other local source pay
for one - quarter of the project cost as a local match to obtain a cleanup grant. The applicant shall
pay an amount equal to 12 percent of the cleanup costs from the municipality's general fund, a
property tax levy or other unrestricted money available to the municipality. Tax increments may
not be used for this purpose.
The rest of the local match may be paid with tax increments, regional, state or federal money
available for the redevelopment of brownfields (including money from the Metropolitan
Council's Tax Base Revitalization Account for metro applicants) or any other money available to
the municipality. If the applicant establishes a TIF district or hazardous substance subdistrict on
the site to pay for part of the local match requirement, the district or subdistrict is not subject to
the state aid reductions under M.S. § 273.1399. In order to qualify for the exemption from the
state aid reductions, the municipality must elect, by resolution, on or before the request for
certification is filed, that all tax increments for the district or subdistrict will be used exclusively
to pay (1) project costs for the site and (2) administrative costs for the district or subdistrict. The
district or subdistrict must be decertified when an amount of tax increments equal to no more
than three times the costs of implementing the response action plan for the site and the
administrative costs for the district or subdistrict have been received, after deducting the amount
of the state grant.
cleanup
v
FY 02 -03
An example of how to determine the local match is demonstrated below.
LOCAL MATCH EXAMPLE:
Expenses:
Cleanup Cost S 100,000
Funding Formula:
1/4 of Total Project Cost
To determine the sources of local match:
12% of Cleanup Cost = $12,000 (must come from property tax levy, etc. - see Page V)
$37,500 - $12,000 = $25,500 (must come from TIF, etc., as described on Page V)
Total Local Match = $37,500
Note that the grant can pay for up to 75% of the project cost. In the above example, the
maximum grant award would be $112,500.
INQUIRED APPRAISAI.Sa An appraisal of the current market value of the property (with
contaminants) and an appraisal of the site after cleanup (pre - construction) are required to qualify
for cleanup funds. Both values may be included in a single appraisal. The required appraisal
must be prepared by a qualified independent appraiser using accepted appraisal methodology.
No other appraisals will be accepted. Tax assessments are not considered a replacement for an
appraisal.
AWARDING GRANTS: Due to environmental contamination that has affected many
communities throughout Minnesota, a large number of applicants are expected to apply for the
contamination cleanup grants. The law allows DTED to make grants for sites that provide the
highest return in public benefits for the public costs incurred and that meet all the statutory
requirements. In order to evaluate the applications for public benefits with respect to the costs
incurred, the law specifies priorities which DTED must consider. To fulfill this requirement of
reviewing applications in an objective and fair manner, the criteria on Page VII, have been
assigned maximum point values in order to systematically award grants. All assigned scores will
be compared to scores awarded to other applications in each cycle.
cleanup
Total Project Cost
Demolition $50,000
Cleanup Cost (see above) $100,000
$150,000
37,500 (this is your local match)
VI
FY 02 - 03
1) The potential increase in the property tax base of the local taxing jurisdictions relative to
the fiscal needs of the jurisdictions, which will result from developments that will occur
because of completion of each of the approved response actions. Maximum = 30 points.
2
The social value to the community that will result from cleaning up and redeveloping the
site. Social value includes the project's time frame, the number of new jobs, the
importance of the proposed facilities and the removal of blighting influences at the site,
the readiness of the project, the development potential and the financial health of the
project. Maximum = 50 points.
3) The MPCA staff's review and ranking according to the potential threat to human health
and the environment that would be reduced or eliminated by completion of each of the
response action plans. Maximum = 30 points.
4) The likelihood that each site will be cleaned up without use of government money in the
reasonably foreseeable future. Maximum = 10 points.
5) The amount of cleanup costs for each site. Maximum = 10 points.
6) The amount and level of the commitment of municipal or other local resources to pay for
the cleanup costs. Maximum = 10 points.
cleanup
VII
FY 02 - 03
Trade &
Economic
Development
Business & Community
Development
Contamination Cleanup Grant Application
Cover Page
Applicant:
Head of Applicant Agency:
Applicant Address:
City:
Project Contact Person:
Phone: -
E-mail:
Application Author/Preparer:
Phone:
cleanup
1
Zip Code:
Fax:
E-mail
FY 02 — 03
I. SITE IDENTIFICATION /SITE HISTORY
SITE INFORMATION
1. Name of Site:
(Building Name, Location Reference, etc.)
Site Address:
City, County or Township
Minnesota Legislative District # A B
If enrolled in an MPCA program: VIC Program I.D. #
LUST Program I.D. # Other
2. If the site is located in the seven - county metropolitan area as defined in M.S. § 473.121,
Subd. 2, you must be participating in the Metropolitan Council's Housing Incentives
Program to qualify for this grant. Please attach a copy of your city council resolution
required by the Metropolitan Council indicating your election to participate in the program.
3. Is the project site publicly or privately owned:
Current property owner(s):
When was the property purchased? For what amount?
After subsequent cleanup and development, will the project site be publicly or privately
owned?
Who will own the project site after subsequent development?
When will the property be purchased?
Will a public entity, including the applicant, own the property at any time?
During what time will the public entity own?
4. What is the current assessed value of the site?
5. What is the anticipated assessed value of the property after the proposed development is
completed?
6. Name(s) of current environmental consultant and legal counsel if applicable
Consultant Phone
Attorney Phone
7. Legal description of site:
c!CalInup
2
For what amount?
FY 02 - 03
8. Attach an accurate and legible site and location map showing locations of prominent and
relevant site features such as buildings, retaining walls, etc. (NOTE: maps shall include property
boundaries, a north arrow and bar scale). The map(s) should show the following:
a) The current condition of the site including labeled structures;
b) The proposed development of the site including labeled structures; and
c) The location(s) of contamination.
Adding photographs is helpful.
9. Acreage of Site Sq. Ft. of Site
10. Zoning /Land Use:
A. Current: Industrial
cleanup
Commercial
Mixed -use Other (Specify)
B. After Cleanup: Industria
Mixed -use Other (Specify)
11. Current economic condition:
Vacant lot Developed site
13. Year building(s) was /were built:
SITE HISTORY
Commercial
3
Other
Residential
Residential
12. How many buildings are culTently on site?
Commercial How many are occupied? If vacant, for how long?
Residential How many are occupied? If vacant, for how long?
15. Please attach a brief synopsis on the history and general background of this site. This
includes but is not limited to former uses of the site, known and/or suspected causes of
contamination etc. Also describe the current condition of the site including existing
structures and existing occupants.
14. Is demolition a required activity listed in the RAP implementation plan? Please explain.
General contaminant
type (i.e., DRO,
VOCs, metals, etc.)
Total volume of
identified contamin-
ated soil (cyds)
Total volume of
identified contamin-
ated soil to be
remediated (cyds)
Remedy
RAP Cleanup Goal
(i.e., residential
SRVs, industrial
SRVs, etc.)
FY 02 -03
11. CONTAMINATION
16. What contaminants have been identified at the site?
17. To qualify for cleanup funding, you must attach a copy of the approved RAP and final
approval letter to your Response Action Plan from the Minnesota Pollution Control Agency.
18. Summary of Contamination Information:
cleanup
A. Provide a concise description of the identified contamination and proposed RAP. The
description should include the occurrence of the contamination (i.e., are there distinct
areas of contamination or is contamination widely disseminated across the site? Is the
contamination at the surface or at depth ?).
B. Complete the following table for soil contamination (be sure to include areas of
contamination that have been identified at the site but will not be treated or removed as
part of the approved RAP) :
4
General contaminant
type (i.e., DRO, VOCs,
metals, etc.
Affected aquifer (i.e.,
water table, deeper
aquifers)
Approximate dimensions of
contaminant plume on -site.
Specify if the plume extends
off-site.
Remedy
FY 02--03
C. Complete the following table for groundwater contamination. If no or limited
groundwater investigation has been conducted, indicate this. Also indicate if a
groundwater investigation was conducted but no contamination was detected.
cleanup
D. List all compounds comprising the identified release in soil and the corresponding
average and maximum concentration for each compound. Also include petroleum in
the table. If distinct areas of contamination are present at the site, please describe
separately. (NOTE: It is acceptable to provide an overview with estimated average and
maximum concentrations if the amount of analytical data is overwhelming.) (Note: for
PAHs, please provide individual compound concentrations or Benzo(a)pyrene
equivalent concentrations for the carcinogenic PAH compounds.)
Compound
Tier 1
SRV (residential)
Average
Concentration
Maximum
Concentration
5
FY 02 -03
E. Please do the same as in D. for groundwater.
cleanup
Compound
HRL
Average
Concentration
Maximum
Concentration
•1111111111111111•11111111111
F. If groundwater at the site is contaminated, note the geologic makeup of the affected
aquifer (sand /gravel, till, lacustrine clay, etc.), and the estimated average linear velocity
(be sure to indicate how this number was determined).
G. Briefly describe the possible exposure scenarios posed by identified contamination at
the site (Le., ingestion or human contact with contaminated soil, consumption of
contaminated groundwater, ecological impacts, etc.), and nearby receptors that could be
affected by contaminants migrating from the site (high resource value wetland/creeks/
rivers, etc.).
COST RECOVERY
19. Is the site receiving funding from any other state or federal funding program(s)?
If so, which program(s) and at what funding amount?
20. Has the site been identified as a state or federal Superfund site?
6
FY 02 -03
21. Has the party responsible for the contamination been identified?
If so, who is the responsible party (RP)?
Is there any financial commitment by the RP for the cleanup?
22. Are there available resources for the RP to pay for the cleanup? Explain.
23. Is a cost recovery plan to recover costs from responsible parties in place?
If so, attach the plan and amount of costs to be recovered.
Has consent of the Attorney General been attained?
NOTE: It is not required that you have a plan to recover costs from the party responsible
for the contamination. However, if you are planning on recovering your costs from the
responsible party, attach information on the process. If this application receives funding
under this program, the consent of the Attorney General must be obtained before costs are
recovered. See M.S. § 1100.557 for further details on the distribution of funds recovered.
III. COST ANALYSIS
INVESTIGATION, CLEANUP AND PROJECT COST BUDGETS
24. What are the grand total of investigation, cleanup and other project costs for the site?
25. How much funding are you requesting from DTED (cannot be more than 75% of the costs
listed in the question above) $
26. Please fill out the following budget table to identify the cleanup costs and project costs for
the site as defined on Page III. Attach additional sheets if necessary.
cleanup
7
Eligible Activities for Investigation and
RAP Development
Costs
Already
Incurred
Y/N
Date Costs
Incurred
DTED
Request +
Local Match
# 1 +#
Local Match
2 —
Total
MIIIIMIIIMIIIIIIIIIMEMIIIIIMIIIIMMIIIIIIIMINIIII
IIIIMMIIIIMIIIIIIMIIIIIIMIIIIMIIM
IIIIIIIIIMIIIIIIMIIIIII NIIMIIIIIIMIIIIIIMIM
IIIIIIIIIIIMIIIIIIIIIIIIIIIIMMIIIMIIIMIIIIIIIIIIIIMIII
IIIIIMIIIIMIIIIIIIMINIMIIMIMIIII
IIIIMIIIIIIMIIIMMIIIIIIIIMIIIMIIIMMIll
Costs
ligible Activities for Soil & Already
roundwater Cleanup Incurred
Y/N
Date Costs
Incurred
DTED
Request +
Local Match
1 +••
Local Match Total
2 =
Local Match
2 =
Total
MIIIIMIIIMIIIIIIIIIMEMIIIIIMIIIIMMIIIIIIIMINIIII
IIIIMMIIIIMIIIIIIMIIIIIIMIIIIMIIM
IIIIIIIIIMIIIIIIMIIIIII NIIMIIIIIIMIIIIIIMIM
IIIIIIIIIIIMIIIIIIIIIIIIIIIIMMIIIMIIIMIIIIIIIIIIIIMIII
IIIIIMIIIIMIIIIIIIMINIMIIMIMIIII
IIIIMIIIIIIMIIIMMIIIIIIIIMIIIMIIIMMIll
Eligible Other Project Activities
Necessary to Implement the RAP
Costs
Already
Incurred
Y/N
Date Costs
Incurred
DTED
Request +
Local Match
# 1 +#
Local Match
2 =
Total
FY 02 -03
BUDGET SOURCES & USES
Subtotal C - Other Project Activities
Total Investigation; Cleanup and Other Project Activities (Subtotal A + B + C)
APPRAISAL
27. Attach an appraisal which shows:
(1) The current market value (pre - cleanup) of the property; and
If you are requesting acquisition costs and the amount for acquisition is different from the
appraised value, please explain why there is a difference.
cleanup
Subtotal `A Investigation and RAP Developmen
Subtotal B - Sol! & Groundwater Cleanup
(2) An appraisal of the value of the site after cleanup but before development (pre-
construction).
8
FY 02 - 03
FINANCING
28. Please submit a copy of the applicant's most current audit, or financial statement if an audit
is not available.
29. Is there a possibility that the site will be cleaned up without government money? Explain.
cleanup
A. If yes, what are the sources of funding and dollar commitment from each?
Source
B. If no, what efforts have been made to secure other funding? (Attach letters of rejection
for funding requests, city council minutes, etc. Also attach a narrative explaining why
the project cannot be financed exclusively with local resources. Explain cash reserves
that may appear in your audit. Are they dedicated to other capital improvement
projects? If so, how much ?)
LOCAL MATCH REQUIREMENT
30. Determine sources and amounts of local match.
A. 1/4 of the Project Cost = (this is the amount you must pay in local
match)
B. 12% of the Cleanup Cost = (this amount must come from the
municipality's general fund, a property tax levy for that purpose, or other unrestricted
money available to the municipality (excluding TIF). Unrestricted money can be funds
spent on project costs other than cleanup costs and qualify here). Please list source and
amount on the following page.
9
Funding Amount
FY 02 - 03
Source
C. Subtract figure B. from A. above. This is the remaining amount of the local match that
must be met. This money may come from TIF, regional, state, or federal money
available for the redevelopment of brownfields or any other money available to the
municipality. Please list source and amount below.
Source
TOTAL
TOTAL $
GRAND TOTAL (This should equal local match in A. above) $
Amount
Amount
IV. DEVELOPMENT ASSESSMENT POTENTIAL AFTER CLEANUP
32. Will the site be improved with buildings or other improvements?
cleanup
10
31. What are the development plans for the site after implementation of the RAP? Please
specify development projects (business name, public facility, etc.).
When will these improvements begin (this should correspond to the project schedule on
Page 13)?
FY 0 -03
33. If the site will be redeveloped for residential use, provide the following data:
cleanup
RENTAL:
OWNER OCCUPU-D: Purchase price per unit $
Monthly rental cost per unit $
Number of affordable units?
Construction cost per unit $
Number of affordable units /homes
Construction cost per unit
11
34. Is there a commitment from a third party to develop the site after cleanup?
If yes, attach commitment letters, capital improvement plans, city council resolutions, etc.
35. What is the estimated cost of the redevelopments (construction costs not including the
cleanup costs)? $
Of these costs, how much will be public? private?
PROPERTY TAXES
36. What are the property taxes on the site for the current year (prior to cleanup)? $
37. What is the projected property tax on the site after cleanup (before redevelopment)? Refer
to the local taxing jurisdiction's tax capacity value. $
38. What is the projected property tax on the site after redevelopment? $
A. How were the figures in Questions 36 and 37 determined?
B. Who determined them?
FY 02 - 03
V. JOB CREATION
39. Project the number of new jobs created after cleanup and development of site (attach
additional pages if necessary). Are any jobs transferred from another Minnesota community
or another state? How many? From where?
JOB TABLE
cleanup
Position Title
Total Jobs
Total # of
Full -Time
Jobs
Total # of
Part -Time
Jobs
Annual Expected
Wages per Hiring Date
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FY 02 -.03
VII. THIRD PARTY /COMPANY COMMITMENT INFORMATION
41. If there is a commitment from a third party to develop on the site after cleanup, please
complete the following:
VII
42. Payment Information
cleanup
Third Party /Company Name:
Contact Person:
Title:
Phone Number (include area code):
PAYMENT INFORMATION
Mailing Address:
Contact Person:
Telephone Number (include area code):
Fax Number (include area code):
State of Minnesota Vendor Number
Minnesota Identification Number:
Federal Employer Identification Number:
14
FY 02 -.03
IX. RESOLUTIONS
43. Resolutions are required to be adopted prior to submission of the application package. The
two required elements are:
Signed:
Title:
Date:
1. A resolution from the governing body of the city where the project site is
located, which approves the application.
2. A resolution from the applicant committing the local match and authorizing
contract signatures. Note: Pursuant to M.S. § 412.201, Statutory Cities
must authorize the Mayor and Clerk to execute all contracts.
An applicant may either provide a separate resolution for each of the above, or combine them
into a single resolution, as long as they include the same elements.
Blank resolutions are included for your convenience. You may choose to reformat or combine
them, but make sure to include all of the statements that appear in our examples.
RESOLUTION # 1- City Approving the Application
BE IT RESOLVED that the city of has approved the
City where site is located
Contamination Cleanup grant application submitted to the Department of Trade and Economic
Development (DIED) on , by
Date Applicant
for the site.
Site name
I certify that the above resolution was adopted by the city council on
Authorized Official
Witnessed by:
Title:
cleanup
15
Date
Date:
FY 02 -.03
RESOLUTION # 2- Committing Local Match and Authorizing Contract Signature
BE IT RESOLVED that act as the legal sponsor for project(s)
(Applicant)
contained in the Contamination Cleanup Grant Program to be submitted on
(Day /Mo /Yr)
and that is hereby authorized to apply to the Department of
(Title of Authorized Official)
Trade and Economic Development for funding of this project on behalf of
(Applicant)
BE IT FURTHER RESOLVED that has the legal authority to
(Applicant)
apply for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate project administration.
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the
application are committed to the project identified.
BE IT FURTHER RESOLVED that has not violated any
(Applicant)
Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
may enter into an agreement with the State of
(Applicant)
Minnesota for the above - referenced project(s), and that
(Applicant)
certifies that it will comply with all applicable laws and regulation as stated in all contract
agreements.
NOW, THEREFORE BE IT RESOLVED that is hereby
(Title of Authorized Official)
authorized to execute such agreements as are necessary to implement the project(s) on behalf of
the applicant. Note: Do not include the proper name, only the title of the official. Pursuant to
M.S. § 4120201, Statutory Cities must authorize both the Mayor and Clerk to execute all
contracts.
cleanup 16
FY 02 -.03
I CERTIFY THAT the above resolution was adopted by the
of on
Applicant Date
SIGNED: WITNESSED:
(Authorized Official) (Signature)
(Title) (Date) (Title) (Date)
cleanup 17
(City Council, County Board, etc.)
Fiscal Years
2002-
2003
Con
+ _____ NESp T �
Trade &
Economic
Development
Business & Community
Development
tamination
Investigation
and RAP
Development
Grant
Application
Brownfields and Community Assistance Unit
FY 02 - FY 03
TABLE OF CONTENTS
Instructions
Purpose /Background ii
Funding Availability iii
Eligible Applicants iii
Qualifying Sites iii
Local Match Requirement iii
Grant Award Criteria iv
Application
I. Site Information Z
II. Site History 3
III. Contamination Investigation Information 3
IV. Cost Analysis 4
Budget 4
Budget Sources and Uses Table 4
Financing 4
Local Match 5
V. Site value 6
VI. Redevelopment Potential 6
Job Creation 7
Job Table 7
Project Schedule 8
vII. Third Party /Company Commitment. Information q
VIII. Payment Information 9
Ix. Resolutions I o
Investigation
1
FY 02 --- FY 03
CONTAMINATION INVESTIGATION AND RAP DEVELOPMENT
GRANT APPLICATION
121 - 7th Place East
St Paul, Minnesota 55101
Contact: Brownfields & Community Assistance Unit 651- 296 -5005
** *YOU MUST READ THE FOLLOWING NARRATIVE TO
FULLY UNDERSTAND THE APPLICATION PROCESS"*
INSTRUCTIONS
Under the authority of the Contamination Cleanup Grant Program (M.S. §§ 116J.551- 116J.558) the
Department of Trade and Economic Development (DTED) is able to award grant funds toward the
cost of performing contaminant investigations and the development of a response action plan (RAP)
on sites believed to be contaminated. The Contamination Investigation and RAP Development Grant
operates on a semiannual grant cycle in conjunction with the Contamination Cleanup Grant.
Deadlines for making application are November 1 and May 1 of each year. Applications must be
received at DTED by 4 p.m. on either date. In the event that these days fall on a weekend, the
deadline will be the following business day. You must submit the original application and 2 copies.
NOTE: If you are applying for investigation funds for more than one site, a separate application must
be completed for each site.
Please fill out the entire application. All applications must be complete upon submission in order to
qualify for a grant.
PURPOSE/BACKGROUND: DTED was authorized to award grant funds by legislation passed
during the 1997 Minnesota Legislative Session for the estimated costs of performing contaminant
investigations and the development of a RAP. The original Contamination Cleanup Grant Program
statute has been amended to allow for granting up -front investigation dollars primarily to help
communities located in Greater Minnesota to investigate sites believed to be contaminated. The
intent is that these grant funds will begin the environmental remedi ati on process and stimulate
activity addressing environmental issues in these communities.
According to statute, the Minnesota Pollution Control Agency (MPCA) provides technical assistance
and recommendations to DTED in the application review process. In order for them to fulfill this
statutory order, it is required that the applicants work with the MPCA in assessing the site and
developing a RAP. Requiring applicants to follow the MPCA investigation and RAP development
guidelines ensures that the state is paying for quality site assessments and allows the applicant to
qualify for a Contamination Cleanup Grant (which requires an approved RAP from the MPCA). The
MPCA has guidance documents and fact sheets available for performing Phase I and Phase IT
investigations, which should be followed throughout the investigation and RAP development process,
For more information or to get copies of these documents you may contact Patrice Jensen at the
MPCA at 651 -296 -7744.
Investigation
11
FY O2- --FY03
When applying for a grant, applicants have the choice of either:
The legislation allows DTED to award a grant for up to 75% of the estimated cost of the investigation
or $50,000, whichever is less. No more than $250,000 per fiscal year may be awarded for
investigation grants. If an applicant has received grant funds under DTED's Contamination Cleanup
Grant Program or the Metropolitan Council's Tax Base Revitalization Account during the year that
application is made, they will not receive priority in funding.
FUNDING AVAILABILITY: The total Legislative appropriation for both the Contamination
Cleanup and Investigation and RAP Development Grant Programs for fiscal years 2002 and 2003 is
$7 million of general fund monies for the cleanup of Superfund contaminants and $12.4 million of
Petrofund monies for the cleanup of eligible petroleum contamination. Since the program runs on a
semi - annual grant cycle, the monies will be divided among the four cycles run during the biennium.
Up to $250,000 of this funding will be awarded per fiscal year under the Investigation and RAP
Development Grants.
ELIGIBLE APPLICANTS: Eligible applicants include statutory or home rule charter cities,
counties, housing and redevelopment authorities, economic development authorities, and port
authorities. NOTE: This does not mean that the site must be owned by one of the public bodies
listed as eligible applicants. If a site is privately owned, one of the eligible applicants must apply on
behalf of the private entity.
QUALIFYING SITES: A site qualifies for a Contamination Investigation and RAP Development
Grant if the following criteria are met:
1)
2
LOCAL MATCH REQUIREMENT: The applicant must pay for at Least one- quarter of the total
estimated investigation costs as a local match. A portion of the local match must come from
unrestricted sources. The local match section on Pages 5 and 6 of the application details how to
determine the local match sources.
Investigation
1) Applying for all investigation dollars up- front; or
2) Completing and financing a portion of the investigation on their own, applying for
reimbursement of those costs, and requesting future investigation dollars. NOTE: Should
an applicant choose to perform a portion of the investigation activities on their own, they
will receive priority in the application review process.
If you are an applicant from the Twin Cities Metropolitan Area, your municipality must be
participating in the Metropolitan Council's Local Housing Incentives Program. For more
information on this program, call Guy Peterson at 651-602-1418.
It is expected that the site have redevelopment potential that will be pursued beyond the
investigation stage. If the investigation identifies the need to remediate, it is expected that
cleanup will be accomplished and the site will be improved with buildings or other
improvements. It is further expected that these improvements will provide a substantial
increase in the property tax base within a reasonable period of time or the site will be used
for an important publicly owned or tax exempt facility. Final development of polluted
sites could include, for example, commercial, industrial, office or housing development.
111
FY 02 --- FY 03
GRANT AWARD {CRITERIA: DTED may make a grant for up to 75% or 550,000, whichever is
less, towards the cost of performing contamination investigations. No more than $250,000 per fiscal
year may be spent on contamination investigations. Because of these limitations, there may be more
requests for investigation grants than there are dollars available. Therefore, the program statute
directs DTED to award grants to sites that will provide the highest return in public benefits for the
public costs incurred. To evaluate the applications there are priorities which DTED must consider.
Applications will be ranked by the following:
1.
The MPCA staff's review and ranking according to the potential threat to human health
and the environment that would be reduced or eliminated by completion of the Response
Action Plans. Maximum = 30 points.
2. The social value to the community that will result from testing the site and cleaning up
and redeveloping the site in the future. Social value includes the project's time frame, the
number of new jobs, the importance of the proposed public facilities, the removal of
blighting influences at the site, the readiness of the project, the development potential and
the financial health of the project. Maximum = 50 points.
3. The potential increase in the property tax base of the local taxing jurisdictions.
Maximum = 30 points.
4. The probability that each site will be investigated for contamination without the use of
government money in the reasonably foreseeable future. Maximum = 10 points.
5. The amount of investigation costs for each site. Maximum = 10 points.
6. The amount of the commitment of the municipality or other local resources to pay for part
of the investigation costs. Maximum = 10 points.
Investigation
iv
FY 02 FY 03
.+ NEsor i ,
t:3)
Trade &
Economic
Development
Business & Community
Development
Applicant:
Head of Applicant Agency:
Applicant Address:
City:
Project Contact Person:
Phone: -
E-mail:
Application AuthorfPreparer:
Phone:
E-mail:
Investigation
Contamination Investigation and RAP Development
Grant Application
Cover Page
1
Fax:
Zip Code:
FY 02 - FY 03
I. SITE INFORMATION
L Name of Site
(Building name, location reference, etc.)
Site address
City (or Township)
County Minnesota Legislative District #
If enrolled in an MPCA program: VIC Program I.D. #
LUST Program I.D.#
Other
2. If the site is located in the seven - county metropolitan area as defined in M.S. § 473.121, Subd. 2,
you must be participating in the Metropolitan Council's Local Housing Incentives Program to
qualify for a grant. Please attach a copy of your city council resolution required by the
Metropolitan Council indicating your election to participate in their program.
3. Current property owner
4. Property owner after cleanup and redevelopment
5. Name(s) of current environmental consultant and legal counsel if applicable
Consultant
Attorney
6. Legal description of the site:
investigation
Phone
7. Attach an accurate and legible site and location map showing locations of current prominent and
relevant site features such as buildings, retaining walls, etc. Also indicate where contamination
is suspected, and where future development will occur. (Note: Site map shall include property
boundaries and a north arrow and bar scale). Photographs are very helpful.
8. Acreage of Site Sq. Ft. of Site
2
Phone
A B (circie correct}
FY 02 - FY 03
9. Zoning /Land use:
A. Current: Industrial Commercial Residential
Mixed use Other (specify)
B. Assuming the site gets cleaned up, what the is expected zoning /land use:
Industrial Commercial Residential
Mixed Use Other (specify)
10. Current economic condition:
Vacant lot Developed site
IIa SITE HISTORY
(explain below)
11. If the site is currently developed with buildings but is not occupied, how long have the
buildings been vacant?
12. Please attach a brief synopsis of the site. Explain why you think the site is contaminated and
give a general background/history of the activity on the site that may have caused or contributed
to the contamination.
III$ CONTAMINATION INVESTIGATION INFORMATION
13. Current status of the investigation.
A. Is the site enrolled in the MPCA VIC Program?
B. Has a Phase I Environmental Site Assessment been completed?
If so, attach a copy of the Phase I to this report.
C. Do you have an approved work plan to begin implementation of a Phase II?
D. Has any of the work plan been implemented?
E. Please provide copies of any approval and/or comment letters you have received from
the MPCA VIC Program and copies of any reports documenting investigation activities that
have been conducted to date.
14. Briefly summarize the identified contamination at the site to date (identified compounds,
concentration, etc.), and the objective of the future planned investigation. If no soil or
groundwater samples have yet been collected at the site, indicate this.
Investigation
3
FY 02 — FY 03
IV. COST ANALYSIS
BUDGET
15. What are the total investigation and RAP development costs?
16. How much are you requesting from DTED? (This amount cannot exceed $50,000 or 75%
of the total cost, whichever is less.)
Complete the budget table below. If you have already completed a Phase I investigation, you may
include that cost in addition to the future investigation & RAP development costs to be incurred.
Eligible Activities for
Investigation and RAP
Development
FINANCING
Investigation
Costs
Already
Incurred
YIN
BUDGET SOURCES & USES
Date Costs DTED Local Local
Incurred Request + Match # 1 Match # 2
Subtotals:
4
Total
Cost
Total ® Investigation & RAP Development:
17. Please submit an audit, or financial statement if an audit is not available, from the municipality
in which the site is located.
FY 02 -- FY 03
18. Is there a possibility that the site will be investigated without government money?
Investigation
A. If yes, what are the sources of funding and dollar commitment from each?
Source Funding Amount
S
B. If no, what efforts have been made to secure other funding?
LOCAL MATCH
A. 1/4 of estimated investigation costs
amount you must pay in local match). .
Source
TOTAL $
5
Amount
S
19. The applicant must pay for at least 1/4 of the investigation costs as a local match. Twelve
percent (12 %) of the investigation costs must come from unrestricted funds (see letter B below).
The remainder of the local match can be financed with any other funds available to the applicant
(see letter C on following page). Follow the formula below to determine the amount of local
match required and eligible sources of those funds.
(this is the
B. 12% of estimated investigation costs = ( this amount must
come from the municipality's general fund, a property tax levy for that purpose, or other
purp ,
unrestricted money available to the municipality [excluding TIF ).
Investigation
FY 02 — FY 03
C. Subtract B. from A. from the previous a e =
p � ---� —� This is the remaining
amount of the local match that must be met. This money regional, y nay come from TIF, regional, state, or
federal money available for the redevelopm of brovwr •
nlunici all Ids or any other money available to the
p ty.
Source
6
Amount
S
TOTAL $
GRAND TOTAL (this should equal the local match in A.) $
V. SITE VALUE
20. What is the current assessed value of the site? $
21 • What is the estimated assessed value of the site should contamination be found and
remediation completed? $
What is the estimated assessed value of the site after redevelopment? $
A. How were these figures determined?
B. Who determined them?
VI. REDEVELOPMENT POTENTIAL
22. Explain the likely use of the site after investigation �nvest�gat�on and cleanup and how this was determi
(give examples of prospective develo ers ned
p , interested parties, coning requirements, etc.).
}
23. If the site will be redeveloped for residential use, provide the following data:
TOTAL # OF RENTAL UNITS TO BE DEVELOPED
Monthly rental cost per unit $
Number of affordable units
Construction cost per unit $
TOTAL # OF OWNER - OCCUPIED UNITS TO BE DEVELOPED
Purchase price per unit/home $
Number of affordable units/homes
Construction cost per unit $
FY 02 FY 03
24. Are there any third parties who have expressed interest in redeveloping the site?
NOTE: If you answered affirmatively to this question you must fill out the third party
information on Page 9.
25. What are the current property taxes on the site? $
26. What are the projected property taxes for the site when the site is cleaned and developed?
JOB CREATION
27. On the following table, project the number of new (meaning new to Minnesota) jobs that could
be created based on the redevelopment prospect described in Question #22.
JOB TABLE
Position Title
Total # of Total No of Annual Expected
New Full -time New Part- Wages Per Job Hiring Date
Jobs time Jobs
Total Jobs
Will any of the jobs listed above be transferred from another Minnesota community?
How many? From where?
Investigation
7
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FY 02 - FY 03
VII. THIRD PARTY /COMPANY COMMITMENT INFORMATION
29. If there is a commitment from a third party to develop on the site, please complete the following:
Third Party/Company Name:
Contact Person:
Title:
Phone Number (include area code): /
VIII. PAYMENT INFORMATION
30. List below the appropriate information to indicate where grant payments should be made.
Mailing Address:
Contact Person:
E-mail address:
Telephone Number (include area code):
Fax Number (include area code) :
Minnesota Identification Number:
State of Minnesota vendor number
Federal Employer Identification Number:
Investigation
9
FY 02 -- FY 03
IX. RESOLUTIONS
31. Resolutions must be adopted prior to submission of the application package. The two required
elements are:
An applicant may either provide a separate resolution for each of the above, or combine them into a
single resolution, as long as they include the same elements.
Blank resolutions are included as examples for your convenience. You may choose to reformat them,
but make sure to include all of the statements that appear in our examples.
RESOLUTION # 1- City Approving the Application
BE IT RESOLVED that the city of
for the
Signed:
Authorized Official
Investigation
1. A resolution from the governing body of the city where the project site is
located, which approves the application.
2. A resolution from the applicant committing to the local match and authorizing
contract signatures. Note: pursuant to M.S. 412.201, Statutory Cities must
authorize both the Mayor and Clerk to execute all contracts.
Site name
City where site is located
Contamination Cleanup grant application submitted to the Department of Trade and Economic
Development (DIED) on
Date
I certify that the above resolution was adopted by the city council on
Title:
Date:
Witnessed by:
Title:
site.
10
Date:
has approved the
Applicant
Date
FYO2 —FY 03
RESOLUTION # 2 Committing Local Match and Authorizing Contract Signature
BE IT RESOLVED that act as the legal sponsor for project(s)
(Applicant)
contained in the Contamination Cleanup Grant Program to be submitted on
(Applicant)
BE IT FURTHER RESOLVED that
BE IT FURTHER RESOLVED that
(Day /Mo /Yr)
and that is hereby authorized to apply to the Department of
(Title of Authorized Official)
Trade and Economic Development for funding of this project on behalf of
(Applicant)
apply for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate project administration.
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the
application are committed to the project identified.
(Applicant)
Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
may enter into an agreement with the
(Applicant)
State of Minnesota for the above - referenced project(s), and that
(Applicant)
certifies that it will comply with all applicable laws and regulation as stated in all contract agreements.
NOW, THEREFORE BE IT RESOLVED that is hereby
(Title of Authorized Official)
authorized to execute such agreements as are necessary to implement the project(s) on behalf of the
applicant. Note: Do not include the proper name, only the title of the official. AND, if the applicant is a
statutory city, two individual officials (titles only) must be authorized to sign agreements.
Investigation
11
has the legal authority to
has not violated any
FY 02 -- FY 03
I CERTIFY THAT the above resolution was adopted by the
(City Council, County Board, etc.)
of on
SIGNED: WITNESSED:
(Authorized Official) (Signature)
Applicant Date
(Title) (Date) (Title) (Date)
Investigation
12