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HomeMy WebLinkAboutItem 06.gJune 11, 2015 0 Item No. RESOLUTION APPROVING AN ADMINISTRATIVE AMENDMENT TO THE TAX INCREMENT PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 19 June 15, 2015 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution approving an Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 19 for the BTD Manufacturing Expansion. Passage of this motion will result in the legal description of Tax Increment Financing (TIF) District No. 19 being consistent with the re -platted land area contained in TIF District No. 19. Overview Last October, the City Council approved a TIF Plan to facilitate an expansion by BTD Manufacturing. The Company, in conjunction with the Fulford Group, is currently constructing a 200,000 square foot expansion of the Fulford Group Warehouse located at 21350 Cedar Avenue. Since the TIF Plan was approved, the Fulford Group re -platted the property in which TIF District 19 is located. An amendment to the previously approved TIF Plan is required in order to complete the certification of TIF District No. 19 by Dakota County. Attached is the original TIF Plan for TIF District with the amendments to the legal description of the property for TIF District No. 19 to reflect the recently approved Fulford Group 15Y Addition plat. The proposed changes are shown on pages 6 and 7 of the TIF along with new Exhibit IB. Staff recommends approval of this Administrative Amendment. Primary Issues to Consider • What is the impact of this proposed Administrative Amendment? It allows for the final certification of TIF District No. 19 for the BTD Manufacturing Project. Supporting Information • City Council Resolution and Amended Tax Increment Financing Plan David L. Olson, Community and Economic Development Director c: Paul Gintner - BTD, Dave Welte - BTD, Mikaela Huot - Springsted Financial Impact: $ None Budgeted:Y/N N Source: Envision Lakeville Community Value: Diversified Economic Development CITY OF LAKEVILLE COUNTY OF DAKOTA RESOLUTION NO. RESOLUTION APPROVING AN ADMINISTRATIVE AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 19 WHEREAS, by a resolution approved October 20, 2014 the Housing and Redevelopment Authority for the City of Lakeville (the "Authority") approved the Redevelopment Plan modification for Airlake Redevelopment Project No. 1 (the "Project Area") and the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing (Economic Development) District No. 19 (the "TIF District"), pursuant to and in conformity with Minnesota Statutes, Sections 469.124 through 469.133 and Sections 469.174 through 469.1794 (the "TIF Act"); and WHEREAS, by a resolution approved October 20, 2014, the City Council of the City of Lakeville (the "City") after a duly noticed public hearing, approved the Plan for the TIF District; and WHEREAS, the City and Authority have proposed an administrative amendment to the Tax Increment Financing Plan for the TIF District (the "Modification"), in order to update the parcel ID number and legal description of the property within the TIF District, pursuant to and in accordance with the Act; and WHEREAS, under Minnesota Statutes, Section 469.175, subdivision 4 of the TIF Act, the Authority may modify the TIF Plan for the TIF District without the notice and hearings required for a new district, if the changes are not those described in Section 469.175, subdivision 4(b), clauses (1) through (6); and WHEREAS, the proposed modification to the TIF Plan does not increase the total estimated cost of the project or the total amount of bonded indebtedness, and does not increase the geographic boundaries of the TIF District; and WHEREAS, the Board of the Authority, on June 15, 2015, adopted the Modification, subject to approval by this City Council, and transmitted the Modification to this City Council for consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The administrative amendment to the Plan is hereby approved in substantially the form on file in City Hall. 2. Upon approval of the Modification to the Plan by the Board of the Authority, the Community Development Director is authorized to forward a copy of the modified Plan to the Department of Revenue and the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4a. 3. The City Clerk is authorized and directed to forward a copy of the Plan to Dakota County for informational purposes. Adopted this 15th day of June, 2015. Attest: City Clerk W Mayor City of Lakeville, Minnesota Housing and Redevelopment Authority for the City of Lakeville Administrative Amendment to the Tax Increment Financing Plan 1571 Tax Increment Financing (Economic Development) District No. 19 Within Airlake Redevelopment Project No.1 (BTD Manufacturing Expansion Project) Public Hearing Scheduled: October 20, 2014 Approval Date: October 20, 2014 Administrative Amendment Dated: June 9, 2015 Administrative Amendment Approval Date (Anticipated): June 15, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM INTRODUCTION The Housing and Redevelopment for the City of Lakeville and the City Council of the City of Lakeville previously approved the Tax Increment Financing Plan and established Tax Increment Financing (Economic Development) District No. 19 for the BTD Expansion Project on October 20, 2014. Since establishment of the TIF District, one of the parcels listed in the original plan was split and combined with another parcel with one new parcel ID number and legal description created for the project. The purpose of the Administrative Amendment to the Tax Increment Financing Plan is to make adjustments to Section G to reflect the updated parcel ID number and legal description for the project. There are no other adjustments to the information contained within the Tax Increment Financing Plan as originally approved. TABLE OF CONTENTS PART LAKEVILLE AIRLAKE REDEVELOPMENT PLAN MODIFICATION NO.8 INTRODUCTION AND LEGAL BASIS A. Statement of Intent of Modification ............ B. Statement of Public Purpose .................... C. Project Area Boundary ........................... D. Statement of Authority ............................ II. REDEVELOPMENT PROJECT A. Redevelopment Plan Objectives ............. B. Land Use .......................................... C. Development Standards ....................... D. Environmental Controls ........................ E. Redevelopment Activities ...................... 1. City Activities -Original Plan 2. City Activities - Plan Modification 3. Private Activities - Original Plan F. Project Cost Estimates ......................... G. Relocation ......................................... H. Development Contracts ........................ I. Operation of Public Improvements .......... J. Administriation of Project ...................... K. Modification Plan ................................. ................................................. I........ 1 .......................................................... 1 .......................................................... 1 ..........................................................1 ............................................................................ 1 ............................................................................ 2 ............................................................................ 2 ............................................................................ 2 ............................................................................ 2 ...................................................................... 3 ...................................................................... 3 ...................................................................... 3 ...................................................................... 3 ...................................................................... 4 ...................................................................... 4 PARTI............................................................................................................................................................... EXHIBIT I TABLE OF CONTENTS (Continued) PART II TAX INCREMENT FINANCING PLAN NO. 19 Section A. Definitions..................................................................................................................... 5 B. Statutory Authorization..................................................................................................... 5 C. Statement of Need and Public Purpose................................................................................ 5 D. Statement of Objectives.................................................................................................... 5 E. Designation of Tax Increment Financing District as an Economic Development District .................... 5 F. Duration of the TIF District................................................................................................. 6 G. Property to be Included in the TIF District.............................................................................. 6 H. Property to be Acquired in the TIF District............................................................................. 7 I. Specific Development Expected to Occur Within the TIF District ................................................. 7 J. Findings and Need for Tax Increment Financing..................................................................... 7 K. Estimated Public Costs..................................................................................................... 9 L. Estimated Sources of Revenue.......................................................................................... 9 M. Estimated Amount of Bonded Indebtedness........................................................................ 10 N. Original Net Tax Capacity............................................................................................... 10 0. Original Tax Capacity Rate.............................................................................................. 10 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ............................. 11 Q. Use of Tax Increment.....................................................................................................11 R. Excess Tax Increment.................................................................................................... 12 S. Tax Increment Pooling and the Five Year Rule..................................................................... 12 T. Limitation on Administrative Expenses............................................................................... 13 U. Limitation on Property Not Subject to Improvements - Four Year Rule ....................................... 13 V. Estimated Impact on Other Taxing Jurisdictions................................................................... 14 W. Prior Planned Improvements............................................................................................ 14 X. Development Agreements............................................................................................... 15 Y. Assessment Agreements................................................................................................ 15 Z. Modifications of the Tax Increment Financing Plan................................................................ 15 AA. Administration of the Tax Increment Financing Plan.............................................................. 15 AB. Financial Reporting and Disclosure Requirements................................................................ 16 Map of the Tax Increment Financing District within Airlake Redevelopment Project No. 1 ................. Map of the Tax Increment Financing District....................................................................................... AssumptionsReport........................................................................................................................... Projected Tax Increment Report......................................................................................................... Estimated Impact on Other Taxing Jurisdictions Report...................................................................... MarketValue Analysis Report............................................................................................................. Page(s) EXHIBIT I -A EXHIBIT I -B EXHIBIT II EXHIBIT III EXHIBIT IV EXHIBIT V Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota PART MODIFICATION NO.8 TO AIRLAKE REDEVELOPMENT PROJECT I. INTRODUCTION AND LEGAL BASIS Section A Statement of Intent of Modification The City proposes to implement the plan objective listed in Section II.A.3 of the Original Redevelopment Plan approved by the Authority and Council in 1984. The activity objective primarily includes the expansion of the project boundary to include the proposed BTD Manufacturing Expansion TIF 19 as well as certain Airlake public Improvements. Section B Statement of Public Purpose No Change The Authority and Council find that there is a need to provide impetus for private development, maintain and increase employment, and to increase tax base for the taxing jurisdiction within the City's corporate limits. These public purpose goals are not attainable in the foreseeable future without the intervention of the Authority and City in the normal development process. Section C Project Area Boundary No Change The expanded boundaries of the Project area are shown in Exhibit "A" "Project Area Boundary Map". All land included in the Project Area is within the legal boundaries of the City Section D Statement of Authority No Change The Authority is authorized to modify a project pursuant to Minnesota Statutes Sections 469.001 to 469.047 (the HRA Act) within boundaries of municipalities. The project as contemplated by this Plan consists of a Redevelopment Project in the HRA Act, pursuant to Section 469.002, Subdivision 14 and Minnesota Statutes, Section 469.028, Subdivision 3. II. REDEVELOPMENT PROJECT Section A Redevelopment Plan Objectives No Change The Authority and City, through the implementation of this Plan, seek to achieve the following objectives: 1. To provide logical and organized land use for the Project Area consistent with the Comprehensive Land Use Plan and the zoning ordinance of the City. 2. To promote the prompt development of property in the Project Area with a minimal adverse impact on the environment SPRINGSTED Pagel Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota 3. To provided adequate streets, utilities, and other public improvements and facilities to enhance the Project Area and the City for new and existing development. 4. To enhance the project Area and the City and surrounding area by retaining current, and providing additional employment opportunities for the residents of the City and surrounding community. 5. To increase the City's tax base. 6. To afford existing business in the City the opportunity to expand or relocate within the Project Area. 7. To stimulate development and investment within the project Area by private interest by providing land of suitable size and configuration to permit it's economic and appropriate development. Section B Land Use No Change Current use: a. The project is partially vacant and undeveloped and used for both industrial and farming purposes. The Area is principally Zoned 1-1 and 1-2, which provides for the establishment of warehousing, light and heavy industrial and manufacturing development. Future Land Use: a. It is anticipated that the Project Area will develop consistent with existing zoning districts. The uses of the Project Area proposed are consistent with the Plan, the Lakeville Comprehensive Plan, and, to the knowledge of the City and Authority at this time, all other federal state and local laws and regulation. Section C Development Standards The Authority and City will consider, among other things, the following factors when evaluating development proposals in all phases: 1. Degree to which development objectives are provided for or enhanced. 2. Consistency with this Plan and the Lakeville Comprehensive Plan. 3. Ability of proposed tax increment projects to generate enough annual tax increment to retire the debt created by the project. 4. Developer's ability to perform both from a standpoint of financial ability to perform and the necessary experience and expertise to complete the proposed development. 5. Displaced Project Area property owners and tenants will be given priority over competing projects of similar scale and magnitude. Section D Environmental Controls It is presently anticipated that the proposed development in the Project Area will not present major environment problems. All municipal actions, public improvements, and private development will be carried out in a manner that will comply with applicable environmental standards. Then environmental controls to be applied within the Area are contained within the codes an ordinance of the City of Lakeville. The Minnesota Code of Agency Rules (6 MCAR 3.021-3.056) defines Minnesota's environmental policy. The threshold factor for the industrial/commercial projects on second class cities is 1,000,000 square feet (gross floor area). Projects above this threshold would require an Environmental Impact Statement. There are no properties on the National Historic Register of Historic Places within the Project Area. Section E Redevelopment Activities The Authority and the City proposes to implement this plan in phases. The activities of this Plan are described as follows: SPRINGSTED Page 2 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota 1. City Activities — Original Plan a. To acquire the land from the current owners and dedicate the land to an acceptable developer for the purposes of constructing a 150,000 square foot office, warehouse and manufacturing facility. 2. City Activities — Plan Modification a. A full discussion of the proposed City Activities can be found in the Tax Increment District Nos. 4, 13, 14, 15, 16, 17, 18 and 19 Plans prepared by the City and is hereby adopted by reference, 3. Private Activities — Original plan a. Phase One (TIF# 4) included a major private development project — Please See TIF #4 Plan. b. Phase Two (TIF #13) included a major private development project - Please See TIF #13 Plan. c. Phase Three (TIF #14) included a major private development project — Please See TIF #14 Plan. d. Phase Four (TIF #15) included a major private development project — Please See TIF #15 Plan. e. Phase Five (TIF #16) included a major private development project. — Please See TIF #16 Plan. f. Phase Six (TIF #17) — Please See TIF #17 Plan g. Phase Seven (TIF #18) — Please See TIF # 18 Plan h. Phase Eight (TIF #19) — Please See TIF # 19 Plan Section F Project Cost Estimates A full description of project costs is provided in Tax Increment Financing District No. 19 project budget. Section G Relocation No Change Phase One of the Plan requires no relocation. In subsequent phases where development proposals require the acquisition of either commercial, industrial or residentially occupied parcels of land, the displaced party or parties shall be eligible for and receive those relocation benefits in conformance with the Minnesota Uniform Relocation Act. Minnesota Statutes, Section 117.50-56. The relocation plan will be part of any tax increment financing plan that provides for acquisition and subsequent displacement. Section H Development Contracts No Change The City and Authority will not authorize any public improvement or facilities projects nor acquire any property for development which will be wholly or partially funded by the use of tax increment financing without first having secured development contracts. The Development Contracts shall require the developer to among other things, cause to be constructed an industrial facility of at least a specified minimum cost, and having a specified minimum Assessor's Market Value; to complete the work by a specified date pursuant to plans and specifications submitted to and building permits issued by or on behalf of the City, and pursuant to an and in accordance with all other applicable governmental regulations; and to demonstrate its financial capability for doing so. Section I Operation of Public Improvements No Change SPRINGSTED Page 3 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota All public improvements constructed under the provisions of this program shall be operated by the City of Lakeville in the same manner as all publicly owned streets and utilities. Section J Administration of Project No Change The Lakeville Housing Authority shall be responsible for seeing that contents of this plan are promoted, implemented and enforced. The Executive Director shall be delegated day by day responsibilities while the Board of Directors shall make all policy regarding the Project Area. Administrative maintenance activities will be funded out of tax increment revenue and other HRA funds. Section K Modification of Plan No Change Modifications or revisions of this Plan which change the permitted uses; modify the Project Area Boundary; set forth, revise, or modify and Developers Contract with respect to any part of the Project or terminate all or any part of the Project require approval of such modifications by the Authority and the City, upon notice and other public hearing as required for the adoption of this Plan and in accordance with Section 462.525, Subdivision 6 of the Act. SI RINGSTED Page 4 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota 7.1vRol TAX INCREMENT FINANCING PLAN NO. 19 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority' means the Housing and Redevelopment Authority for the City of Lakeville_ "City" means the City of Lakeville, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County„ means Dakota County, Minnesota "Redevelopment Project Area" means Airlake Redevelopment Project No.1 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project Area. "Project Area" means the geographic area of the Redevelopment Project Area. "School District" means Independent School District No. 192, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Economic Development) District No, 19. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section I. D. of the Redevelopment Plan for the Redevelopment Project Area, Section C Statement of Need and Public Purpose See Section LA and LB of the Redevelopment Plan for the Redevelopment Project Area. Section D Statement of Objectives See Section ILA of the Redevelopment Plan for the Redevelopment Project Area. Section E Designation of Tax Increment Financing District as an Economic Development District Economic development districts are a type of tax increment financing district which consist of any project, or portions of a project, which the City finds to be in the public interest because: SPRINGSTED Page 5 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota (1) it will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; (2) it will result in increased employment in the state; or (3) it will result in preservation and enhancement of the tax base of the state. The TIF District qualifies as an economic development district in that the proposed development described in this TIF Plan (see Section 1) meets the criteria listed above in (2) and (3). Without establishment of the TIF District, the proposed development would not occur within the City. The proposed development will also result in increased employment and enhancement of the tax base in both the City and the State. Tax increments from an economic development district must be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be constructed are used for any of the following purposes: (1) manufacturing or production of tangible personal property, including processing, resulting in the change of the condition of the property; (2) warehousing, storage and distribution of tangible personal property, excluding retail sales; (3) research and development related to the activities listed in (1) or (2) above; (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities (see M.S. Section 469.174, Subd. 22); (6) qualified border retail facilities (see M.S. Section 469.176, Subd. 4c); or (7) space necessary for and related to the activities listed in (1) through (6) above. Section F Duration of the TIF District Economic development districts may remain in existence 8 years from the date of receipt by the Authority and City of the first tax increment. The Authority and City anticipate that the TIF District will remain in existence the maximum duration allowed by law (projected to be through the year 2024, assuming first increment is received in 2016). The district will remain open through the year 2025 if the first collection of increment is in taxes payable 2017. The Authority and City may decertify the TIF District earlier if fulfillment of all District obligations occurs prior to the statutory maximum duration of 9 total years. Section G Property to be Included in the TIF District The TIF District is an approximate 32 28.67 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 22 77001 01 013 Tnon nioi KEE IND PARK 7non enn SPRINGSTED Page 6 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota AN A PIMA- - - .... MIF-ITM M10 ZE! VIA Administrative Amendment Dated June 15, 2015 Parcel ID Number Legal Description 22-27900-01-010 * Lot 1, Block 1 Fulford Group 1St Addition " previously listed parcels were split and replatted into a new parcel with the listed parcel ID number and corresponding legal description The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority and City may acquire and sell any or all of the property located within the TIF District; however, the Authority and City does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed development is expected to consist of an approximately 199,615 square foot industrial warehouse facility expansion. The development will result in increased employment (by adding a projected 100 new jobs) within the City, in compliance with statutory requirements. It is anticipated tax increment will be used to finance a portion of the site development and infrastructure costs. In addition, the Authority and City anticipate using available tax increment for related administrative expenses and any other eligible expenditures associated with the development of the site. Construction of the facility is projected to start in 2014. The project is expected to be partially completed by December 31, 2014 and fully constructed by December 31, 2015, and be 100% assess and on the tax rolls as of January 2, 2016 for taxes payable in 2017. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as an economic development district; See Section E of this document for the reasons and facts supporting this finding. SP INGSTED Page 7 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in 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 TIF District permitted by the TIF Plan. Factual basis: Proposed development not expected to occur., The project includes the development of an approximately 199,615 square foot expansion of an industrial warehouse facility. The proposed developer of the site has submitted information to the city demonstrating that the development of this site is not financially feasible without the assistance provided in this TI F Plan. The City has determined that the proposed development would not occur but for the financial assistance provided in this TIF Plan because of the increased costs related to site development, infrastructure including street improvements of east/north to Hwy 50 and building construction. Due to the high costs of investment for the proposed expansion, including site improvements and infrastructure costs incurred by the developer in conjunction with development of the project, the developer has stated that the project as proposed would not occur without the financial assistance provided by the City, as it would not be economically feasible without financial assistance. The City finds the use of tax increment necessary to finance a portion of the site improvements and infrastructure street improvement costs to facilitate development of the expansion and developer investment. The City anticipates providing financial assistance on a pay-as-you-go basis. No higher market value expected .• 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 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 TIF District permitted by the TIF Plan. Without improvements the City has no reason to expect that significant development would occur without assistance similar to that provided in this plan. For the same reasons that the desired development described above is not feasible without tax increment assistance, the City believes that no alternative development is likely to occur without similar assistance. To summarize the basis for the City's findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $9,025,215, including the value of the building (See Exhibit V). C. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $1,081,726 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the City finds that no alternative would occur that would produce a market value increase greater than $7,943,489 (the amount in clause b less the amount in clause c) without tax increment assistance. SPRINGSTED Page 8 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota (3) The TIF Plan would afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Factual basis: The proposed development is the construction of an industrial warehouse facility and office to be constructed in the Project Area that is proposed to create approximately 100 new jobs in the City, while retaining these jobs in the State, plus create substantial new tax base for the City and the State. The development clearly meets the City's economic development goals in terms of tax base expansion, job retention, and wage levels. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has reviewed the TIF Plan and supporting documents and following subdivision and replatting of the property within the District as identified in Section G can make the determination that the development proposed in the TIF Plan conforms to the City comprehensive plan. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land/building acquisition 0 Site Improvements/preparation costs 1,023,941 Utilities 0 Other qualifying Improvements 0 Construction of affordable housing 0 Bond principal payments 0 Bond interest payments 0 Loan Interest payments 0 Administrative expenses 53,891 Total $1,077,832 The Authority and City anticipate using tax increment to the extent available to assist with financing a portion of the site improvements and infrastructure costs, related administrative expenses, and other TIF -eligible expenditures as necessary and related to development of the project. The Authority and City reserve the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Tax increment revenue 1,077,832 Interest on invested funds 0 Loan proceeds 0 Special assessments 0 Rent/lease revenue 0 Grants 0 Total $1,077,832 SPRINGSTED Page 9 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota The Authority and City anticipate providing financial assistance on a pay-as-you-go basis for site improvement and infrastructure costs, as well as other TIF -eligible expenses related to the proposed development. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the Authority and City to reimburse the developer/owner for public costs incurred (see Section K), The Authority and City reserve the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt (referred to together as "TIF Bonds"), or any other financing mechanism authorized by law. The Authority and City also reserve the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $1,077,832. The Authority and City currently plan to finance the improvement costs in the form of a pay -as -you go revenue note, but reserve the right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2014, for taxes payable in 2015, is projected to be $7,275,169 with an estimated tax capacity value of $144,753, which is estimated to be the original net tax capacity of the TIF District upon establishment and subsequent certification. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2014 and payable in 2015, was not yet available. When this total becomes available, the County Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax SPRINGSTED Page 10 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2013 and payable in 2014, is 134.387% as shown below. 2013/2014 Taxing Jurisdiction Local Tax Rate City of Lakeville 40.696% Dakota County 31.827% ISD #192 56.326% Other 5.538% Total 134.387% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The Authority and City anticipate that the project will begin construction in 2014 and be partially completed on December 31, 2014 and 100% completed by December 31, 2015, creating a total tax capacity for TIF District No. 19 of $290,770 as of January 2, 2016. The captured tax capacity as of that date is estimated to be $88,935. The first year of tax increment is estimated to be $18,395 payable in 2016 (as partial value is achieved). A complete schedule of estimated tax increment from the TIF District is shown in Exhibit IV. The estimates shown in this TIF plan assume that commercial class rates remain at 1.5% of the estimated market value up to $150,000 and 2.0% of the estimated market value over $150,000, and assume 3% annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority and City the amount of captured net tax capacity each year. The Authority and City may choose to retain any or all of this amount. It is the Authority and City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority and City have determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; SPRINGSTED Page 11 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority and City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; SPRINGSTED Page 12 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority and City do not expect that allowable pooling expenditures will be made outside of the TIF District but within the Project Area (along with allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority and City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b)10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority and City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. SPRINGSTED Page 13 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota If a parcel is excluded from the TIF District and the Authority and City or owner of the parcel subsequently commences any of the above activities, the Authority and City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority and City believe that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,081,726. 2. To the extent the facility in the proposed TIF District generates any public cost impacts on city -provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing bonds in conjunction with this project. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $453,387. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $256,186. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The Authority and City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. The following building permits have been issued in the last 18 months in conjunction with the properties within the TIF District; Permit Number Issue Date Type of Improvement Permit Value Permit #128644 7/22/13 Small Office/Warehouse Remodel $20,000 Permit #129938 9/30/13 Office Remodel $44,000 SPRINGSTED Page 14 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota Section X Development Agreements If within a project containing an economic development district, more than 10% of the acreage of the property to be acquired by the Authority and City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority and City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority and City should the development not be completed. The Authority and City anticipate entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority and City do not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority and City; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority and City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority and City agree that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority and City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority and City shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority and City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority and City shall SPRINGSTED Page 15 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority and City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority and City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority and City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority and City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The Authority and City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The Authority and City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. SPRINGST D Page 16 Exhibit !-A Map of Tax Increment Financing (Economic Development) District No. 19 Within Airlake Redevelopment Project No.1 SPRINGSTED Page 17 Map of Boundaries of Tax Increment Financing (Economic Development) District No. 19 FULFORD GROUP 1ST ADDITION . r t. n twill. *�_ 4 LOT R _ n ° t1 Exhibit I -B SPRINGSTED Page 18 ovrLaT A 4 � i b 74F 7 a, ' a1Ff75 SPRINGSTED Page 18 Exhibit 11 Assumptions Report City of Lakeville, Minnesota Tax Increment Financing (Economic Development) District No. 19 Proposed BTD Manufacturing Expansion (199,615 SF) Draft TIF Plan Exhibits: EMV $14.6 Million, 3% Inflation, Maximum Term Type of Tax Increment Financing District Maximum Duration of TIF District Projected Certification Request Date Decertification Date Base Estimated Market Value Original Net Tax Capacity Economic Development 8 years from 1st increment 10/31/14 12/31/24 (9 Years of Increment) 2014/2015 $7,275,169 $144,753 Assessment/Collection Year 2014/2015 2015/2016 2016/2017 2017/2018 Base Estimated Market Value $7,275,169 $7,275,169 $7,275,169 $7,275,169 Estimated Decrease in Value - Bldg Demo $0 $0 $0 Estimated Increase in Value- New Construction 0 1,161,143 7,338,325 7,558,475 Total Estimated Market Value Total Net Tax Capacity 7,275,169 8,436,311 14,613,494 14,833,644 $144,753 $167,226 $290,770 $295,173 City of Lakeville 40.696% Dakota County 31.827% ISD# 192 56.326% Other (V Watershed) 5.538% Local Tax Capacity Rate 134.387% 2013/2014 Fiscal Disparities Contribution From TIF District 39.0927% Administrative Retainage Percent (maximum = 10%) 5.00% Pooling Percent 0.00% Bonds Note (Pay -As -You -Go) Bond Dated NA Note Dated 08/01/15 Bond Rate NA Note Rate 0.00% Bond Amount NA Note Amount $1,023,941 Present Value Amount Notes Calculation assumes no changes to future tax rates and class rates and includes 3% market value inflator. EMV: $14.1 Milion - High end of estimated value range as provided by County Assessor Construction on project commences in late 2014 and 100% complete by December 31, 2015. Payable 2014 Tax Rates and Net Tax Capacity values used, if request for certification made by 6/30/15, payable 2015 tax rates will apply, but are not yet available. 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Rate - Gross T.I. 08/01/15 0.00% Increase in EMV With TIF District $9,025,215 Less: P.V of Gross Tax Increment 1,081,726 Subtotal $7,943,489 Less: Increase in EMV Without TIF 0 Difference $7,943,489 Annual Present Gross Tax Value @ Year Increment 0.00% 1 2016 18,395 18,395 2 2017 119,516 119,516 3 2018 123,121 123,121 4 2019 126,833 126,833 5 2020 130,656 130,656 6 2021 134,594 134,594 7 2022 138,651 138,651 8 2023 142,829 142,829 9 2024 147,131 147,131 $1,081,726 $1,081,726 SPRINGSTED Page 22