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HomeMy WebLinkAbout4E - Waterfront PassageSTAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: BONITA CARLSON, ASSISTANT CITY MANAGE CONSIDER ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-3 (METRO CABINETS/AMERICAN GLASS) FOR THE CONSTRUCTION OF A 10,000 SQUARE FOOT BUILDING IN WATERFRONT PASSAGE ADDITION JANUARY 17, 1995 Two developers, Metro Cabinet and Guy and Mary Selinske d/b/a American Glass and Mirror, Inc., have entered into a purchase agreement for approximately one acre which is adjacent to the Becker Arena Products lot (on the west side) in the Waterfront Passage Addition. The City has negotiated Development Agreements with the two parties to provide the necessary Tax Increment Financing to allow them to construct a 10,000 square foot multi-tenant building. A public hearing on this project and Tax Increment Financing District was held on August 1, 1994. A vote to establish the district was delayed until 1995 because the development could not be constructed in 1994. By delaying establishment of the Tax Increment District until 1995 the city will have the opportunity to collect Tax Increment revenue for the maximum period allowed under the law (9 years). The developers for the project are both successful local businesses. They are each operating in facilities which are undersized, with no potential for expansion, and one case is an incompatible use according to the City Zoning Code. These uses are permitted in the Waterfront Passage Business/Office Park and are consistent with the type of businesses envisioned by the City when the business office park was established. The developers propose to construct a 10,000 square foot building on a one acre lot. The Tax Increment Plan and related development agreements requires the development project to have a minimum market value of $273,000 upon completion. The City agrees to provide tax increment financing in the amount of $68,000 for land write down and up to an additional $43,650 reimbursement for site improvement and soil correction costs. This assistance will be divided equally between the two developers. The captured tax increment is estimated to be approximately $16,000 less Local Government Aid (LGA) penalties of $4,500 for a net increment of $11,500 per year which is pledged to provide the required assistance, (reimbursement of City costs and write downs, and site improvements costs incurred by the developer). In addition, the agreement specifies -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Reviewed by: City Council:Agdevl.wrt that up to $1,600 per year additional reimbursement will be paid to the Developers if the development generates increment in excess of the estimated increment. Further, the City agrees to reimburse the developers up to $3,250 per year, to a maximum of $29,250 if redevelopment occurs on the "Triangle Car Wash" property at Highway 13 and 170th Street and produces sufficient increment to cover the payment. All pledged tax increment financing payments will end in the year 2005 and subsequent tax payments will be distributed to the respective taxing districts. The City Council has the following alternatives: 1. Approve Tax Increment Financing District No. 2-3. 2. Deny Tax increment Financing District No. 2-3. Staff recommends Alternative #1 A motion and second.to approve the attached resolution establishing Tax Frank/l~yle~ ! City Maj3ag'e r -2- MOTION BY: RESOLUTION 95- SECONDED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PRIOR LAKE APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-3 AND THE USE OF TAX INCREMENT FINANCING WHEREAS, the City Council of the City of Prior Lake, Minnesota (the "City"), has previously approved Development District No. 2 (the "Development District") and in connection therewith adopted a development program; and WHEREAS, it is desirable and in the public interest that the City undertake and carry out a tax increment finance plan for Tax Increment Financing District No. 2-3 pursuant to Chapter 469 of Minnesota Statutes, encompassing the area which is more particularly described on Exhibit A attached hereto and made a part hereof, (which area is herein called the "District"); and WHEREAS, the City Council has reviewed "Tax Increment Financing District No. 2-3, dated August 1, 1994" (the "Plan Booklet"), which sets forth a tax increment financing plan for the District; and WHEREAS, the Plan Booklet sets forth the City's estimate of the fiscal and economic impact of the District on the tax capacities of all taxing jurisdictions in which the District is located; and WHEREAS, the Board of Commissioners of Scott County, Minnesota, has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the School Board of Independent School District No. 719 has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the City has received and considered the comments of the Board of Commissioners of Scott County and the School Board of the Independent School District No. 719 respecting the contents of the Plan Booklet; and WHEREAS, the City on August 1, 1994, after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan Booklet and received public comments on the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. The City finds and determines that there is a need for the activities of Development District No. 2 to be financed in part by the tax increments from the District. 2. The City finds and determines that the activities to be financed by the tax increments from the District will carry out the objectives of Development District No. 2 by encouraging industrial develop- ment, providing job opportunities and enhancing the tax base. 3. The City finds and determines that the provision for job opportunities and the preservation and enhancement of the tax base are in the public interest of the City and the expenditures of the District are a public purpose. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. The City finds and determines that the tax increment financing plan as set forth in the Plan Booklet having been duly reviewed and considered is hereby approved and adopted, and the area described in Exhibit A hereto is hereby designated as an Economic Development District pursuant to Minnesota Statutes, Sections 469.174, Subd. 12. 5. The City finds and determines that the Distdct is an Economic Development District because it will result in increased employment in the City, and that it will result in preservation and enhancement Of the tax base of the City. 6. The City finds and determines that 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 therefore the use of tax increment financing is deemed necessary. 7. The City finds and determines that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. 8. The City finds and determines that the tax increment financing plan set forth in the Plan Booklet conforms to the general plan for the development of the City as a whole. 9. The reasons and supporting facts for findings 5, 6, 7 and 8 as set forth on pages 2, 3 and 4 of the Plan Booklet are by this reference confirmed, approved and adopted. 10. The City elects to retain tax increment revenues generated in District No. 2-3 pursuant to clause (a) of Minnesota Statutes, Section 469.177 Subdivision 3, Paragraphs I and 2. By making this election tax increment revenues generated within District No. 2-3 will not be made available for calculation or sharing with the fiscal disparity provisions of Chapter 473F. 11. The City Clerk shall request the auditor of Scott County to certify the original tax capacity and original local tax rate of the District approved by this resolution. 12. The City Clerk is hereby directed to file a copy of this resolution with a copy of the Plan Booklet to the Minnesota Department of Revenue. 13. The City hereby states its intention to use all of the captured tax capacity for purposes of tax increment financing as per the conditions set forth in the Plan Booklet. Passed and adopted this 17th day of January, 1995. Andren Greenfield Kedrowski Scoff Schenck YES NO Andren Greenfield Kedrowski Scott Schenck Frank Boyles City Manager City of Prior Lake (Seal) TAX INCREMENT FINANCING DISTRICT NO. 2-3 PRIOR LAKE, MINNESOTA JANUARY 17, 1995 PREPARED BY ADVANCE RESOURCES FOR DEVELOPMENT, INC. MANKATO, MINNESOTA TABLE OF CONTENTS INTRODUCTION ................................................. LOCATION ........................ ; ........................ DEFINITIONS ............................................... PURPOSE OF TAX INCREMENT FINANCING PLAN ................... SUMMARY ................................................. TAX INCREMENT FINANCING PLAN ................................. RELATIONSHIP OF DISTRICT TO DEVELOPMENT PLAN .............. PROPERTY CONDITIONS ...................................... NARRATIVE BOUNDARY DESCRIPTION OF THE DISTRICT ............ LIST OF PARCELS ........................................... FINDINGS .................................................. PLAN OBJECTIVES ......................................... DEVELOPMENT PROGRAM ................................... DISTRICT DEVELOPMENT ACTIVITIES ............................ CONFORMANCE WITH PLAN FOR THE CITY ....................... PROCEDURE FOR MODIFYING THE DISTRICT PLAN ................. RELOCATION POLICY PLAN ................................... PROPERTY ACQUISITION AND DISPOSITION PLAN ................. METHOD OF FINANCE ........................................ NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS ............... FINANCIAL PLAN ............................................ Page 2 2 2 2 2 3 4 5 5 5 5 6 6 6 6 6 Follows Page MAP TAX INCREMENT FINANCING DISTRICT 2-3 ....................... NOTICES, RESOLUTIONS AND CERTIFICATIONS ...................... 12 1. RESOLUTION CALLING FOR A PUBLIC HEARING 2. NOTICE OF A PUBLIC HEARING 3. AFFIDAVIT OF PUBLICATION 4. TRANSMITTAL TO INDEPENDENT SCHOOL DISTRICT NO. 719 5. TRANSMITTAL TO SCOTT BOARD OF COMMISSIONERS 6. RESOLUTION OF THE CITY COUNCIL APPROVING AND ADOPTING TAX INCREMENT FINANCING DISTRICT NO, 2-3 7. CERTIFICATION OF ORIGINAL TAX CAPACITY AND ORIGINAL LOCAL TAX RATE FOR TAX INCREMENT FINANCING DISTRICT NO. 2-3 INTRODUCTION LOCATION Tax Increment Financing District No. 2-3 is located in the Waterfront Passage Business Park south of Cqunty Road 21 on the east side of Prior Lake. The map following page I shows ~he location of District No. 2-3. DEFINITIONS For the purpose of clarity, the following terms defined in this report shall have the meanings given them. "Project" means development district as defined in Minnesota Statutes, Section 469.125, Subd. 9. "Development District" means a specific area within the corporate limits of a municipality which has been so designated and separately numbered by the governing body. "Development District" also means Development District No. 2. "Tax Increment Financing District No. 2-3", "Tax Increment Financing District" or "District" means a contiguous or noncontiguous geographic area within a project delineated in the tax increment financing plan, as provided by Minnesota Statutes, Section 469.175, Subd. 1, for the purpose of financing redevelopment, mined underground space development, housing, or economic development in municipalities through the use of tax increment generated from the captured net tax capacity in the tax increment financing district. "Economic Development District" means a type of tax increment financing district which consists of any project, or portions of a project, not meeting the requirements found in the definition of redevelopment district, renewal and renovation district, soils condition district, mined underground space development district, or housing district, but which the authority finds to be in the public interest because: 1. It will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; or 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. PURPOSE OF TAX INCREMENT FINANCING PLAN District No. 2-3 is being established pursuant to Minnesota Statutes, Chapter 469, in order to give the City Council the authority to use Tax Increment Financing as a funding source. Under Chapter 469, a tax increment district has to be established as a housing district, a redevelopment district, a mined underground space district, a renewal and renovation district, a soils condition district or an economic development district. Since this area qualifies as an economic development district, pursuant to Minnesota Statutes, Section 469.174, Subd. 12, it will have a duration of not greater than nine years from the date of receipt of the first tax increment or eleven years from the approval of the tax increment financing plan, whichever is less. SUMMARY The formation of District No. 2-3 improves the quality of life in the community by financing eligible Project costs which will result in the creation of job opportunities and increase of the tax base. TAX INCREMENT FINANCING PLAN RELATIONSHIP OF TAX INCREMENT DISTRICT TO DEVELOPMENT DISTRICT Development District No. 2 was formed in order to promote development of certain property, secure additional industrial, commercial and housing development and redevelopment opportunities, increase property subject to taxation, provide public improvements to development properties, and designate methods for the financing of activities in the Development District. Development District law authorizes the use of tax increment funds to pay for these Project activities and improvements. When using tax increment funds, it is necessary to establish a tax increment financing district according to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. Approval of this plan results in the formation of Tax Increment Financing District No. 2-3, the purpose of which is to finance the develop- ment activities authorized by the creation of Development District No. 2. PROPERTY CONDITIONS The District consists of an approximate I acre parcel which was recently incorporated as part of the Waterfront Passage Business Park. The property is currently vacant and is appropriately zoned for its intended use. Upon inclusion in the District, Metro Cabinets, Inc. and American Glass & Mirror, Inc. will develop the site and construct an approximate 10,000 sq. ft. production/warehouse facility. Financing for the project will consist of bank financing, tax increment financing and equity. The use of tax increment financing will employ the "pay-as-you-go" method of reimbursing eligible project costs. Under this program tax increment receipts generated from the development will be used to reimburse the City and developer for certain qualified costs such as land, site work, sewer, water, roads, sidewalks and landscaping. This "buy down" will occur over the life of the District or until all agreed upon costs have been reimbursed. The intent of this method is to apply all the revenues from the "pay-as-you-go" tax increment financing to reduce the project cost. NARRATIVE BOUNDARY DESCRIPTION OF DISTRICT NO. 2-3 That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: Upon platting of the property by the City it is anticipated that the legal description for the parcel will be identified as Lot 2, Block 1, Waterfront Passage Business Park. LIST OF PARCELS INCLUDED IN DISTRICT NO. 2-3 The following parcel is included in District No. 2-3: Parcel Number 25-300-004-0 will be used to identify Lot 2, Block 1, WaterFront Passage Business Park. Presently this parcel is contained within a larger plat identified as Parcel Number 25-296-001-0. FINDINGS Minnesota Statues, Section 469.175, Subd. 4, requires that prior to municipality approval of a tax increment financing plan that the statutory findings of Minnesota Statutes, Section 469.175, Subd. 3, must be made and the reasons for those findings must be set forth in writing along with supporting facts for each determination. The tax increment financing plan for District No. 2-3 finds the following: 1. FINDING. That the proposed tax increment financing district is an economic development district. SUPPORTING FACTS. Minnesota Statutes, Chapter 469 provides for six types of districts -- a redevelopment district, renewal and renovation district, soils condition district, a mined underground space district, a housing district, and an economic development district -- each serving a well-defined need and each having different qualifying standards. Tax Increment Financing District No. 2-3 is intended to be an "Economic Development District". Minnesota Statutes, Section 469.174, Subdivi- sion 12, defines "Economic Development District". This definition is also included on page I of this plan. The proposed District qualifies as an "Economic Development District" pursuant to the above cited statute because Project activities will increase employment and result in preservation and enhancement of the tax base of the municipality. Upon inclusion in the District the vacant property will be developed by Metro Cabinets, Inc. and American Glass & Mirror, Inc. Inclusion of this property in the District will in increase the community's tax base, as well as add new jobs. 2. FINDING That the proposed development or redevelopment, in the opinion of the municipality, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore, the use of tax increment financing is deemed necessary. SUPPORTING FACTS. In order for the companies to develop and occupy the site project financing must be obtained. The City of Prior Lake in conjunction with a local bank and the developer has prepared a public/private financial package which includes owner equity, tax increment financing and a bank fixed asset loan. The need for this type of project financing was determined by the city with the assistance of the bank and in the opinion of city officials this development would not occur in the City of Prior Lake without the public/private effort, including the financial assistance offered. 3. FINDING. That the tax increment financing plan conforms to the general plan for the develop- ment or redevelopment of the municipality as a whole. SUPPORTING FACTS. The tax increment financing plan conforms to the general plan of the City of Prior Lake for the following reasons: A. The tax increment financing area is designated on the zoning map for industrial develop- ment. Plan activities and subsequent development are intended to encourage and result in industrial development for this area. B. The general plan for the community supports the creation of job opportunities; particularly, increased opportunities for Iow and moderate income individuals. 4. FINDING. That the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or redevelopment of the project by private enterprise. SUPPORTING FACTS. The City of Prior Lake, in approving Development District No. 2, has prepared a blueprint for the development and redevelopment of the community. The Development District plan encourages cooperation with private enterprise. Information contained in the Develop- ment District report along with other city plans and reports has been used in the preparation of the District No. 2-3 plan. Based upon the objective of cooperation and upon the guidance provided by city plans and ordinances, the city has determined Project costs which will be paid for by tax increment revenues. As the Financial Plan contained on pages 6 through 12 of this report indicates, the city intends to concentrate the use of tax increment revenue on those improvements which would not reasonably be expected to occur solely through private action. Private enterprise will be responsible for the vast majority of the expenses and activities normally associated with land development. STATEMENT OF OBJECTIVES FOR DEVELOPMENT DISTRICT NO. 2 The City Council of Prior Lake, Minnesota, determines that it is necessary, desirable, and in the public interest to establish/modify, designate, develop, and administer a development district in the city pursuant to the provisions of Minnesota Statutes, Sections 469.124 to 469.134, inclusive. The city council further determines that the funding of the necessary activities and improvements in the Development District may be financed through tax increment financing, as well as, other appropriate sources. Prior to involving itself in financing Project activities or a development, the city council shall determine financial feasibility of the Project or development. Any public or private activity when funded by the city shall demonstrate the need for such financing and how said financing is going to be repaid if it is a loan. In the case of a grant or tax increment financing, the benefits to the community, such as housing or job opportunities, increased tax base or removal of blighting conditions, shall be demonstrated. The city council seeks to achieve the following objectives for Development District No. 2: 1. Acquire land which is vacant or underused, including public or semi-public properties already devoted to a public use which is underutilized. 2. Assist with land assembly for new and expanding business, office and industrial areas. 3. Provide development sites of such size and character so as to assure the development of the Project area. 4. Eliminate or correct physical deterrents to the development of land. 5. Provide adequate streets, utilities and other public improvements and facilities to enhance the area for development. 6. Achieve a high level of design and landscaping quality to enhance the physical environment. 7. Accomplish convenient and adequate parking to serve the needs of the area. 8. Create effective buffers, screens and/or transitions between residential and nonresidential uses to minimize the potential blighting effects of divergent land uses. 9. Combine elements of the comprehensive city plan with these Project objectives. 10. Improve the financial base of the city. 11. Provide maximum opportunity, consistent with the needs of the city, for development by private enterprise. 12. Provide increased employment opportunities and as much as possible seek businesses which would employ the unemployed and underemployed. 13. Promote redevelopment in order to prevent or eliminate blight and maintain the viability of commercial and residential areas. DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 2 ~ Minnesota Statutes, Section 469.175, Subd. 1(2) requires: "A statement as to the development program for the project, including the property within the project, if any, which the authority intends to acquire". The Development Program for Development District No. 2 is delineated in a report entitled "Development District No. 2" adopted May, 1992 and modification August 1, 1994, copies of which are on file in the city clerk's office. By this reference, said development program is incorporated as part of this tax increment financing plan. TAX INCREMENT DISTRICT DEVELOPMENT ACTIVITIES Development activities to be financed in whole or in part as a result of the implementation of this Plan include: 1. Reimbursement, to the city and developers, via a pay-as-you-go tax increment agreement for property acquisition and site preparation costs. 2. Expansion and development by Metro Cabinets, Inc. and American Glass & Mirror, Inc. of an approximate 10,000 sq. ft. production/warehouse facility. All of the proposed activities and improvements are within the boundaries of Development District No. 2 and District No. 2-3. The developments will be started in 1994 and completed prior to December 31, 1994. The above activities are, at the time of preparation of this report, the only activities proposed for the Development District as a result of the formation of District No. 2-3. No contract has been entered into at the time of preparation of this Plan pursuant to Minnesota Statutes, Section 469.175, Subd. 1(3), completion of any of the activities. CONFORMANCE WITH PLAN FOR THE CITY The City Council, by approval of this report, believes that creation and implementation of District No. 2-3 does indeed meet the intent of the plan for the city by maintaining the quality of existing development, and improving the quality of life through orderly planned improvements. PROCEDURE FOR MAKING MODIFICATIONS IN AN APPROVED TAX INCREMENT DISTRICT PLAN Tax Increment Financing District No. 2-3 may be modified, provided that the modification shall be approved by the City Council under provisions of the Minnesota Tax Increment Financing Act of Minnesota Statutes, Section 469.175, Subd. 4, as follows: "(a) A tax increment financing plan may be modified by an authority, provided that any reduction or enlargement of geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the authority shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan; provided that if an authority changes the type of district from housing, redevelopment or economic development to another type of district, this change shall not be considered a modification, but shall require the authority to follow the procedure set forth in Sections 469.174 to 469.179 for adoption of a new plan, including certification of the assessed valuation of the district by the county auditor. If a redevelopment.district or a renewal and renovation district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of section 469.174, subdivision 10, paragraph (a), clauses (1) and (2), or subdivision lOa must be documented. The require- 'rnents of this paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2)(A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding section 469.177, subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the district. The authority must notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area. (b) The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor or five years from August 1, 1979." RELOCATION POLICY The Tax Increment Financing Plan does not require any relocation at this time. The District does not contain any residential, commercial, or industrial uses that will require relocation or movement on individual sites. If in the future the District is expanded or modified to include additional area or relocation activities, the City Council shall adopt rules and regulations that are in compliance with the Uniform Relocation Act and any persons affected shall be treated according to those laws, rules and regulations. PROPERTY ACQUISITION AND DISPOSITION The City of Prior Lake will transfer property to the developers to enable their development of a production/warehouse facility. The property proposed for disposition includes the property described under the "Narrative Boundary Description of District No. 2-3" on page 2 of this Plan. METHOD OF FINANCE The City Council of the City of Prior Lake, Minnesota, elects to use Tax Increment Financing pursuant to Minnesota Statutes, Chapter 469, to finance all or part of the costs of the Project. By electing these methods of financing, the City Council is not precluding the use of other methods provided by State law. NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS Minnesota Statutes, Section 469.177, Subd. 4 requires that the request for certification of original tax capacity be accompanied by a listing of properties within the tax increment district for which building permits have been issued in the 18 months preceding approval of the tax increment financing plan. District No. 2-3 has had no building permits issued during this period, accordingly the most recent tax capacity will be 679. FINANCIAL PLAN ESTIMATE OF PUBLIC COST The following is an estimate of public costs including cost of District indebtedness, source of revenue, most recent tax capacity, and estimate of captured tax capacity. 1. Activities. Activities within the Project area consist of property acquisition and site improve- ments. Costs which may be funded in Development District No. 2 as a result of the formation of District No. 2-3 include: A. Property acquisition B. Site Improvements SUBTOTAL · $ 75,000 34,000 $'~09,000 2. Public Cost Other Than Activities. The following is a listing of costs other than costs directly attributed to undertaking of the Project area improvements: A. Administration, planning and legal SUBTOTAL 9,000 9,000 3. Financing Cost. Totaling activities costs and other costs as outlined in items 1 and 2 above, results in the total financing cost. A. Activities Costs $109,000 B. Other Costs 9,000 TOTAL FINANCING COST $118,000 4. Source of Funds. A. Developer payment B. Reimbursement of annual tax increment TOTAL SOURCE OF FUNDS $16,000 $102,000 $118,000 SOURCES OF REVENUE The proposed sources of revenue to be used to finance public costs associated with the develop- ment projects in the District are developer payments and tax increment generated as a result of the taxation of the land and improvements in the District. Tax increment financing refers to a funding technique that utilizes increases in tax capacity and the property taxes attributed to new development to finance, or assist in the financing of public development costs. The improvements resulting from development of the property by private business within the District is anticipated to generate an initial annual tax increment of $16,000 in 1996 through the year 2004. The District's tax increment will be generated from the construction of an approximate 10,000 sq ff. production/warehouse facility. The city may issue tax increment bonds or use the annual receipt of tax increment to reimburse eligible Project costs. FINANCING ASSUMPTIONS Tax increment will be used to finance activities in the Project area. The following information and assumptions were used to calculate financing costs for the activities in the Project area. 1. Table 1 on page 8 shows the calculations which were used to determine the amount of property taxes and tax increment resulting from the proposed development in District No. 2-3. 2. Development activities are scheduled to begin in August, 1994, and shall be completed by December 31, 1994. 3. Financing of the Project activities will be undertaken in 1994. 4. The first tax increment in the estimated amount of $16,000 collected from the District will be in 1996 payable from the 1995 tax levy. 5. The 1994 local tax rate of 155.513% and 1994 tax values were used to calculate the estimate of increment in this plan. 6. Annual tax increments of $16,000 in 1996 through 2004 generated as a result of formation of this District will be one source of funds used to finance the Project area activities. A portion of developer financed costs for property acquisition and administration will be repaid with increment revenues in excess of $14,400 (amount required for reimbursement of public costs). The amount of revenues available for reimbursement to the developer shall be net of any LGA/HACA reduction and shall not exceed a cumulative amount of $14,500. 7. Increment revenues will be used to finance only capital and administrative costs resulting from the Project activities. All tax increment generated by the formation of this District will be used to finance the activities of the Plan. TABLE 1' TAX INCREMENT CALCULATIONS Local Tax Rate =155.513% (Prior Lake, Payable 1994) ESTIMATED COMPLETION MARKET VALUE: $183,325 CLASSIFICATION: INDUSTRIAL (assume completion prior to 12-31-94) (1) (2) (3) Year Base Estimated Tax Tax Tax Payable Cal3acity Cal:)acity (4) (5) (6) Captured Estimated Estimated Tax Annual LGA Capacity Increment Im~)act (7) Estimated Net Annual Increment 1994 679 1995 693 1996 706 1997 721 1998 735 1999 750 2000 765 2001 780 2002 796 2003 811 2004 828 2005 0 TOTAL 679 693 10 969 10,969 10 969 10 969 10 969 10.969 10 969 10 969 10.969 Dece~ified 0 0 1 O, 263 10,248 10,234 10,219 10,204 10,189 10,173 10,158 10,141 0 0 1596O 15 938 15,915 15~892 15,869 15 845 15 821 15 796 15.771 0 $142,808 0 0 4,482 4,476 4,47O 4,464 4,457 4,450 4,444 4,437 4,429 0 $40,109 0 0 11 477 11 461 11445 11 429 11 412 11 395 11 378 11360 11 342 o $102,698 PRESENT VALUE DISCOUNTED AT 4% $109,122 $30,648 $78,474 8. The city will use tax increments of approximately $16,000 in 1996 through 2004 plus any additional increment revenues as a result of future expansions to service Project costs. "Project Costs" means all expenditures of the city or reimbursement for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District, including interest thereon. Project costs also include all administrative expenses as defined in Minnesota Statutes, Section 469.174, Subdivision 14. In order to estimate the amount of the increment assistance the City and developer will receive as a result of the approval of District No. 2-3 two additional factors were considered: (1) the impact the District would have on future Local Government Aid (LGA) received by the city, and (2) the estimated present value of the net tax increment. Both factors are shown in Table 1. The estimated LGA impact is shown in column 6 of Table I and the present value of the increment is shown in column 7 of Table 1. In forming District No. 2-3 the city will potentially experience future reductions in LGA as per column 6. While the city is prohibited from using tax increment to replace LGA losses, by retaining a portion of the increment for its overall economic development efforts the city may be able to generate future tax base growth thus mitigating the impact of reduced LGA. The first increment would be available to the city in 1996 and would continue through 2004. UMITATION ON USE OF TAX INCREMENT; GENERAL RULE Pursuant to Minnesota Statutes, Section 469.176, Subd. 4, "All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used solely for the following purposes: (1) to pay the principal and interest on bonds issued to finance a project; (2) by a rural. development financing authority for the purposes stated in Minnesota Statutes, Section 469.142, by a port authority or municipality exercising the powers of a port authority to finance or otherwise pay the cost of redevelopment pursuant to Minnesota Statutes, Sections 469.048 to 469.068, by an economic development authority to finance or otherwise pay the cost of redevelopment pursuant to Minnesota Statutes, Sections 469.090 to 469.108, by a housing and redevelopment authority or economic development authority to finance or ~)therwise pay public redevelopment costs pursuant to Minnesota Statutes, Sections 469.001 to 469.047, by a municipality or economic development authority to finance or otherwise pay the capital and administra- tion costs of a development district pursuant to Minnesota Statutes, Sections 469.124 to 469.134, by a municipality or authority to finance or otherwise pay the costs of developing and implementing a develop- ment action response plan, by a municipality or redevelopment agency to finance or otherwise pay premiums for insurance or other security guaranteeing the payment when due of principal of and interest on the bonds pursuant to Minnesota Statutes, Sections 462C, Sections 469.152 to 469.165, or both, or to accumulate and maintain a reserve securing the payment when due of the principal of and interest on the bonds pursuant to Chapters 462C, Sections 469.152 to 469.165, or both, which revenues in the reserve shall not exceed, subsequent to the fifth anniversary of the date of issue of the first bond issue secured by the reserve, an amount equal to 20 percent of the aggregate principal amount of the outstanding and nondefeased bonds secured by the reserve. EXCESS TAX INCREMENTS Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, "(a) In any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment financing plan, including the amount necessary to cancel any tax levy as provided in Section 475.61, Subd. 3, the authority shall use the excess amount to do any of the following: (1) prepay any outstanding bonds, (2) discharge the pledge of tax increment therefore, (3) pay into an escrow account dedicated to the payment of such bonds, or (4) return the excess amount to the county auditor who shall distribute the excess amount to the municipality, county and school district in which the tax increment financing district is located in direct proportion to their respective tax capacity tax extension rates. The county auditor must report to the commissioner of education the amount of any excess tax increment distributed to a school district within 30 days of the distribution. (b) The amounts distributed to a city or county must be deducted from the levy limits of the govern- mental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government aid payment. DURATION OF TAX INCREMENT FINANCING DISTRICTS The city estimates that the District shall endure for as long as it is permitted to by law. If no new development activities were to occur, the city estimates that tax increments would be sufficient to pay all indebtedness initially undertaken and to pay all initial and administration costs of the District by 2004. LIMITATION OF ADMINISTRATIVE EXPENSES Pursuant to Minnesota Statutes, Section 469.176, Subd. 3, "(a) .... no tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expendi- tures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less.' ESTIMATED TOTAL CAPTURED TAX caPaCITY; RETENTION The city estimates that the District's total tax capacity at completion of the initial activities will be 10,969; Since the original tax capacity is 679 with a 2% annual inflation factor the captured tax capacity will be 10,263 in 1996. Pursuant to Minnesota Statutes, Section 469.177, Subd. 2, the authority may retain the full captured tax capacity to pay expenditures noted in the Plan or subsequent Plan modifications. TAX INCREMENT ACCOUNT Pursuant to Minnesota Statutes, Section 469.177, Subd. 5, "the tax increment received with respect to any diStrict shall be segregated by the authority in a special account or accounts on its official books and '~(ecords or as otherwise established by resolution of the authority to be held by a trustee for the benefit of holders of the bonds.' ANNUAL DISCLOSURE AND FINANCIAL REPORTING ~ Minnesota Statutes, Section 469.175, Subd. 5, requires "For all tax increment financing districts, whether created prior or subsequent to August 1, 1979, on or before July I of each year, the authority shall submit to the county board, the school board, the commissioner of revenue and, if the authority is other than the municipality, the governing body of the municipality a report of the status of the district. The report shall include the following information: the amount and the source of revenue in the account, the amount and purpose of expenditures from the account, the amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness, the original tax capacity of the district, the captured tax capacity retained by the authority, the captured tax capacity shared with other taxing districts, the tax increment received, and any additional information necessary to demonstrate compliance with any applicable tax increment financing plan. An annual statement showing the tax increment received and expended in that year, the original tax capacity, captured tax capacity, amount of outstanding bonded indebtedness, and any additional information the authority deems necessary shall be published in a newspaper of general circulation in the municipality." Minnesota Statutes, Section 469.175, Subd. 6, requires "(a) The state auditor shall develop a uniform system of accounting and financial reporting for tax increment financing districts, the system of accounting and financial reporting shall, as nearly as possible: (1) provide for full disclosure of the sources and uses of public funds in the district; (2) permit comparison and reconciliation with the affected local government's accounts and financial reports; (3) permit auditing of the funds expended on behalf of a district, including a single district that is part of a multidistrict project or that is funded in part of whole through the use of a development account funded with tax increments from other districts or with other public money; (4) be consistent with generally accepted accounting principles. (b) The authority must annually submit to the state auditor, on or before July 1, a financial report in compliance with paragraph (a). Copies of the report must also be provided to the county and school district boards and to the governing body of the municipality, if the authority is not the municipality. To the extent necessary to permit compliance with the requirement of financial reporting, the county and any other ap- propriate local government unit or private entity must provide the necessary records or information to the authority or the state auditor as provided by the system of accounting and financial reporting developed pursuant to paragraph (a). (c) The annual financial report must also include the following items: (1) the original tax capacity of the district; (2) the captured tax capacity of the district, including the amount of any captured tax capacity shared with other taxing districts; (3) the outstanding principal amount of bonds issued or other loans incurred to finance project costs in the district; (4) for the reporting period and for the duration of the district, the amount budgeted under the tax increment financing plan, and the actual amount expended for, at least, the following categories: (i) acquisition of land and buildings through condemnation or purchase; (ii)site improvements or preparation costs; (iv)administrative costs, including the allocated cost of the authority; (5) for properties sold to developers, the total cost of the property to the authority and the price paid by the developer; (6) the amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the district. (d) The reporting requirements imposed by this subdivision are in lieu of the annual disclosure required by subdivision 5.' IMPACT OF THE USE OF TAX INCREMENT OF TAXING JURISDICTIONS Minnesota Statutes, Section 469.175, Subd. 1 (6), requires 'statements of the authority's alternate 10 estimates of the impact of tax increment financing on the tax capacity of all taxing jurisdictions in which the ' tax increment financing district is located in whole or in part. For purposes of one statement, the authority shall assume that the estimated captured tax capacity would be available to the taxing jurisdictions without creation of the district, and for purposes of the second statement, the authority, shall assume that none of the estimated captured tax capacity would be available to the taxing jurisdictions without creation of the district;" Table 2 on page 12 depicts the impact of tax increment financing on the tax capacity of the affected taxing jurisdictions assuming (1) none of the increment would be available, and (2) the increment would be available to the tax jurisdictions. 11 ¢12~ -NOTICES, RESOLUTIONS, TRANSMITTALS AND CERTIFICATIONS 1. RESOLUTION CALLING FOR A PUBLIC HEARING 2,; NOTICE OF A PUBMC HEARING - INCLUDING LOCATION MAP 3. AFFIDAVIT OF PUBLICATION 4. TRANSMITTAL TO INDEPENDENT SCHOOL DISTRICT NO. 719 5. TRANSMITTAL TO SCOTT COUNTY BOARD OF COMMISSIONERS 6. RESOLUTION OF THE CITY COUNCIL APPROVING AND ADOPTING TAX INCREMENT FINANCING DISTRICT NO. 2-3 7. CERTIFICATION OF ORIGINAL TAX CAPACITY AND ORIGINAL LOCAL TAX RATE FOR TAX INCRE- MENT FINANCING DISTRICT NO. 2-3 RESOLUTION ON THE PROPOSAL TO MODIFY DEVELOPMENT DISTRICT NO.2 AND FORM TAX INCREMENT FINANCING DISTRICTS NOS. 2-3 AND 2-4 WITHIN DEVELOPMENT DISTRICT NO. 2, ADOPT A DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS AND CALL FOR CONSULTATION WITH OTHER AFFECTED JURISDICTIONS AND PUBLIC HEARING ' WHEREAS, a proposal to modify Development District No. 2, form Tax Increment Financing Districts Nos. 2-3 and 2-4 within Development District No. 2 under the provisions of Minnesota Statutes, Chapter 469 (the "Act"), and to adopt a development program and tax increment financing plans has been received by the City Council; and WHEREAS, the Act requires that prior to modification of a development district and formation of a tax increment financing district the City Council shall provide a reasonable opportunity to members of the County Board of Commissioners of the County of Scott and the members of the School Board of Independent School District No. 719 to meet with the City Council and that the City Council shall fully inform the members of the County Board and School Board of the fiscal and economic implications of the proposed tax increment financing districts; and WHEREAS, the Act further requires that prior to the modification of a development district, formation of a tax increment financing district and the adoption of a development program and tax increment financing plan a public hearing shall be held thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. The City Clerk is authorized and directed to make available to the County Board of Commissioners of Scott County and of the School Board of Independent School District No. 719 a copy of this resolution, together with a copy of the proposed development program and tax increment financing plans, and to invite board members to meet with the City Council to discuss said proposals on the 1st day of August, 1994, at 7:45 p.m. at the City Hall. 2. A public hearing on said plan will be held at the time and place set forth in the Notice of Hearing hereto attached and incorporated herein by reference. The City Clerk is authorized and directed to cause said Notice of Hearing to be published in the official newspaper and, if the official newspaper does not have general circulation, in a newspaper of general circulation in the City at least once not less than 10 days nor more than 30 days prior to the date of hearing and to cause a copy of said notice to be mailed to Scott County and the School Board of Independent School District No. 719. Adopted this 5th day of July, 1994. ATTEST: Lydia Andren Mayor Frank Boyles City Manager NOTICE OF PUBLIC HEARING ON DEVELOPMENT DISTRICT MODIFICATION AND FORMATION OF TAX INCREMENT FINANCING DISTRICTS TO WHOM' IT MAY CONCERN: Notice is hereby given that the City Council of the City of Prior Lake, Minnesota, will meet at the City Hall in Prior Lake, Minnesota, at 7:45 p.m. on Monday, August 1, 1994, to consider the modification of Development District No. 2 and the formation of Tax Increment Financing Districts Nos. 2-3 and 2-4, and the adoption of a development program and tax increment financing plans pursuant to Minnesota Statutes, Chapter 469. Such persons as desire to be heard with reference to the above proposals will be heard at this meeting. Tax Increment Financing District No. 2-3 is located on a portion of Lot 2, Block I (preliminary plat) in the Waterfront Passage Business Park, south of County Road 21 on the east side of Prior Lake. Tax Increment Financing District No. 2-4 is located on Block 1, Lot 3 and Outlot A, Langhorst First Addition; Block 1, Lot 1, Cates Addition; the southerly one-half of Lot 2, Block 14, Original Plat; and, Section 10, Township 114, Range 22, 3.62 acres in Government Lot 5 lying north and west of Highway 13. The modified boundary of Development District No. 2 is coterminous with the boundary of Waterfront Passage Business Park and the proposed Tax Increment District No. 2-4 boundary. The map accompanying this notice shows the location of the proposed Districts. Copies of the proposed Development Program and Tax Increment Plans are on file in the office of the City Clerk and are available for public examination. Written or oral statements will be considered. Dated: This 5th day of July, 1994. BY ORDER OF THE PRIOR LAKE CITY COUNCIL By. Frank Boyles City Manager FAX 612 447 4245 CiTY PRIOR L~.KE [~002 07/01,'94 11:23 June 29,1994 Prior Lake Independent School District 719 P.O. Box 539 Prior Lake, MN. 55372 Attention: Dr. Les Sonnabend Dear School Board Members and Dr. Sonnsbend: On behalf of the City of Prior Lake I mn submitting information pertaining to the City's proposed Tax Increment Financing Distr/cts for Economic Development and Redevelopment. 'The information responds to the points contained on the Scott County TIF Review Team Worksheet. Over the past several months City staff has been working with numerous development proposals, however there are only three projects which merit consideration for using tax increment financing to enhance or exper the projects and to assist with public ~n6-astructure costs. In summary the City of Prior Lake proposes to create two tax increment financing districts for the following projects: A: A redevelopment district which would include vacant l~ts at Walker and Pleasant Street and three blighted buildings on M~n Avenue adjacent to the site combined with the triangular parcel located at l?0th and Highway 13 South. Proceeds from the tax increments would be used to promote redevelopment of the blighted properties on Main Avenue and Pleasant SWeet, relocation of a non conformin'g use on the "trian~e" property, and the improvement and reali~ment of the intersection of 170th and Highway 13 South. Increments captured from proposed new retail on the vacant lots at Walker and Pleasant Street and from new construction on the "trian~e" property will provide necessm'y funds in order to make this redevelopment possible. B. An economic development district in the Waterfront Passage Addition for construction of a 10,000 square foot multi-tenant bui]d~ng on a one acre lot. The developers are local businessmen who propose to occupy the building once it is completed. The attached information provides more information regarding these projects. You are invited to a public hearing of the Prior Lake City Council on Monday, August 1, 1994 at 7:45 P.M. in the City Council Chambers of the Prior Lake City Hall. The purpose of the meeting is to discuss the establishment of Tax Increment Financing Districts numbers 2-3 and 2-4 which. if created will enable the City to provide tax increment financing assistance to the above described projects. Minnesota 55372-1714 /_ Fh. (612) 447-4230 / Fe.x (612) 447-4245 cITy PRIOR L.~.KE [~003 07/01/9-1 11:2~ FAX 612 ~7 Since the proposed plans involve the taxable base of .your jurisdiction, representation at the meeting would be appreciated. Attached to this letter is a copy of the Notice of the Public Hearing, a more complete description of the projects, location maps and an estimate of the fiscal and economic ~rnpacts associated with these developments. If you have any questions regarding the above inform~ion, please contact me at 447-4230. Sincerely, Bonita Carlson Assistant City Manager OT,'O1/9~ P 08'48 FAX 612 447 4245 CITY PRIOR LAKE [~001 FAX_TRANSMITTAL # of Pages ~ FAX~ ,5~? 8o~/~ FAXA~ (61~)447-424S ,Tune 29,1994 The Scott County Board of Commissioners Scott Cotmty Courthouse 428 South Holmes Street Shakopee, Nh-'q. 55379 Attention: Cliff McCama, County Admin/strator Dear County Commissionem and Mr. McCann: On behalf of the City of Prior Lake I am submitting information pertaining tO the City's proposed Tax Increment Financing Districts for Economic Development and Redevelopment:.. The information responds to the points contained on the Scott County TIF Review Te~m Worksheet. Over the past several montes City staff has been workLng with numerous development proposals, however there Ne only three projects which merit consideration for using tax increment finn.ricing to enhance or expand the projects and to assist with public infrastructure costs. In summary the City of Prior Lake proposes to create two tax increment financing districts for the following projects: A: A redevelopment district which would incIude vacant lots at Walker and Pleasant Street and three blighted buildings on Main Avenue adjacent to the site combined with the triangular parcel located at .170th and Highway 13 South. Proceeds from the tax increments would be used to promote-redevelopment of' the .blighted properties on Main Avenue and Pleasant Street,. relocation of'a. non conforming use on the "triangle" property, and the improvement and realignment of the intersection of 170th and Highway 13 South. Increments captured from proposed new retail on the vacant lots at Walker and Pleasant Street and from new construction on the "trian~e" property will provide necessary ~unds in order to make redevelopment possible. An economic development district in the Waterfront Passage Addition for construction of a I0,000 square foot multi-tenant building on a one acre lot. The developers are local businessmen who propose to occupy the building once it is eornpleted. The attached information provides more information regarding these projects. You are invited to a public hearing of the Prior Lake City Council on l~onday, August 1, 1994 at 7:45 P.M. in the City Council Chambers of the Prior Lake City Hall. The purpose of the meeting is to discuss 'the establishment of Tax Increment F'mancing Districts numbers 2-3 and 2-4 which, if created will enable the City to provide tax increment financing assistance to the above described projects. 07/01/94 08:48 FAX 612 447 4245 CI'I'~ F}~I~I~ L_{lx~- Since the proposed plans involve the t~x~le b~s¢ of yom' jurisdiction, representation ~ the meeting would b~ appreciated. AttachecI to this letter is a ¢op¥ of the Notice of the Public I-Ie~g, a more complete description of the projects, location maps Md and economic ~np~c~ ~ssoci~ecl with these developments. If you have any questions regarding the above information, please contact me at 447-4230. Sincerely, Bonita Carlson Assistant City Manager MOTION BY: RESOLUTION 95- ,! SECONDED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PRIOR LAKE APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-3 AND THE USE OF TAX INCREMENT FINANCING WHEREAS, the City Council of the City of Prior Lake, Minnesota (the "City"), has previously approved Development District No. 2 (the "Development District") and in connection therewith adopted a development program; and WHEREAS, it is desirable and in the public interest that the City undertake and carry out a tax increment finance plan for Tax Increment Financing District No. 2-3 pursuant to Chapter 469 of Minnesota Statutes, encompassing the area which is more particularly described on Exhibit A attached hereto and made a part hereof, (which area is herein called the "District"); and WHEREAS, the City Council has reviewed "Tax Increment Financing District No. 2-3, dated August 1, 1994" (the "Plan Booklet"), which sets forth a tax increment financing plan for the District; and WHEREAS, the Plan Booklet sets forth the City's estimate of the fiscal and economic impact of the District on the tax capacities of all taxing jurisdictions in which the District is located; and WHEREAS, the Board of Commissioners of Sco~t County, Minnesota, has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the School Board of Independent School District No. 719 has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the City has received and considered the comments of the Board of Commissioners of Scott County and the School Board of the Independent School District No. 719 respecting the contents of the Plan Booklet; and WHEREAS, the City on August 1, 1994, after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan Booklet and received public comments on the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. The City finds and determines that there is a need for the activities of Development District No. 2 to be financed in part by the tax increments from the District. 2. The City finds and determines that the activities to be financed by the tax increments from the District will carry out the objectives of Development District No. 2 by encouraging industrial develop- ment, providing job opportunities and enhancing the tax base. 3. The City finds and determines that the provision for job opportunities and the preservation and enhancement of the tax base are in the public interest of the City and the expenditures of the District are a public purpose. 4. The City finds and determines that the tax increment financing plan as set forth in the Plan Booklet having been duly reviewed and considered is hereby approved and adopted, and the area described in Exhibit A hereto is hereby designated as an Economic Development District pursuant to Minnesota Statutes, Sections 469.174, Subd. 12. 5. The City finds and determines that the District is an Economic Development District because it will result in increased employment in the City, and that it will result in preservation and enhancement of the tax base of the City. 6. The City finds and determines that 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 therefore the use of tax increment financing is deemed necessary. 7. The City finds and determines that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. 8. The City finds and determines that the tax increment financing plan set forth in the Plan Booklet conforms to the general plan for the development of the City as a whole. 9. The reasons and supporting facts for findings 5, 6, 7 and 8 as set forth on pages 2, 3 and 4 of the Plan Booklet are by this reference confirmed, approved and adopted. 10. The City elects to retain tax increment revenues generated in District No. 2-3 pursuant to clause (a) of Minnesota Statutes, Section 469.177 Subdivision 3, Paragraphs I and 2. By making this election tax increment revenues generated within District No. 2-3 will not be made available for calculation or sharing with the fiscal disparity provisions of Chapter 473F. 11. The City Clerk shall request the auditor of Scott County to certify the original tax capacity and original local tax rate of the District approved by this resolution. 12. The City Clerk is hereby directed to file a copy of this resolution with a copy of the Plan Booklet to the Minnesota Department of Revenue. 13. The City hereby states its intention to use all of the captured tax capacity for purposes of tax increment financing as per the conditions set forth in the Plan Booklet. Passed and adopted this 17th day of January, 1995. Andren Greenfield Kedrowski Scott Schenck YES NO Andren Greenfield Kedrowski Scott Schenck Frank Boyles City Manager City of Prior Lake (Seal) EXHIBIT a TO CITY COUNCIL RESOLUTION APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-3 Tax Increment Financing District No. 2-3 includes the following property: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: Upon platting of the property by the City it is anticipated that the legal description for the parcel will be identified as Lot 2, Block 1, WaterFront Passage Business Park. List of All Taxable Parcels Within the District ATTACHMENT "A" TO THE CERTIFICATE AS TO ORIGINAL NET TAX CAPACITY AND ORIGINAL LOCAL TAX RATE WITHIN TAX INCREMENT FINANCING DISTRICT NO. 2-3 IN THE CITY OF PRIOR LAKE, MINNESOTA Original Net Tax Capacity as Certified by State 25-300-004-0* 679 Total Net Tax Capacity 679 * Lot 2, Block 1 of WaterFront Passage Business Park is currently recorded as a portion of Parcel #25-296- 001-0; upon recording of a final plat for Lot 2, Block 1, Parcel #25-300-004-0 will be assigned. .STATE OF MINNESOTA COUNTY OF SCOTT ) CERTIFICATION AS TO ORIGINAL NET TAX CAPACITY AND ) ORIGINAL LOCAL TAX RATE WITHIN TAX INCREMENT FINANCING ) DISTRICT NO. 2-3 IN THE CITY OF PRIOR LAKE, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Scott County, Minnesota, do hereby certify to the City of Prior Lake in said County, pursuant to the provisions of Minnesota Statutes, Section 469.177, Subd. 1, that the original net tax capacity of all taxable property within the tax increment district designated as Tax Increment Financing District No. 2-3 (the "District") of said City, as described in the tax increment financing plan for the area approved by City Council resolution dated January 17, 1995, is 679. I also certify that such original net tax capacity is composed of the net tax capacity of each parcel of taxable property within the District as determined by the assessment thereof in 1994, this being the net tax capacity most recently determined before the date when this certification was requested. I will also, in accordance with the provisions of Minnesota Statutes, Section 469.177, Subd. 1, add to the original net tax capacity of the District, an amount equal to the original net tax capacity for the preceding year multiplied by the average percentage increases in the market value of all property included in the District during the five years prior to certification of the District. The market value of all property in the District for the five years prior to certification of the District is as follows: Assessment Year Tax Year Market Value Percent Chanqe January 2, 1989 1990 $1,300 0% January 2, 1990 1991 1,300 0% January 2, 1991 1992 1,300 0% January 2, 1992 1993 1,300 0% January 2, 1993 1994 1,430 10% The average percentage increase in the tax capacity of all property in the District during the five years prior to its certification is 2%. I also certify that attached to and made part of this certificate is a full, true, and complete list of all taxable parcels of real property within the District and of the original net tax capacity determined for each parcel and included in the aggregate amount stated above. I also recognize, and in doing so make public record thereof, that the City of Prior Lake wishes to waive the right to collect the increment for the tax years payable in 1994 and 1995 and in doing so elects to collect the increment for the years 1996 through 2004, inclusive. I also certify pursuant to the provision of Minnesota Statutes, Section 469.177, Subd. la that the "local tax rate" that applies to the District is 155.513% WITNESS my hand and seal this . day of ,1995. Scott County Auditor