HomeMy WebLinkAbout7B - TIF Destrict 4-1
AGENDA ITEM:
May 16, 2005
7B
JOHN SULLIVAN, COMMUNITY DEVELOPMENT
DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION ESTABLISHING A DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO.4
AND TAX INCREMENT FINANCING DISTRICT NO. 4-1
MEETING DATE:
AGENDA #:
PREPARED BY:
DISCUSSION:
Introduction:
The purpose of this item is to consider the following:
1. The establishment of the Development Program for
Development District No.4;
2. The establishment of TIF District 4-1.
Background:
The location of Development District 4 is in Deerfield
Industrial Park, which includes approximately 60 acres south of
County Road 21 and is located west of County Road 87 (Revere).
The site is north of Deerfield, a residential development, and is
east of Waterfront Passage Park and the City of Prior Lake
maintenance facilities. Deerfield Industrial Park is a private
development by Eagle Creek Development, LLC and the public
improvements were largely completed by Eagle Creek in the Fall
of 2004.
TIF District 4-1 is approximately 1.09 acres in size, and is located
north of Adelman Street. Development District No.4 includes the
Deerfield Industrial Park development of approximately 60 acres.
The property is guided C-BO Business Office Park in the City of
Prior Lake 2030 Comprehensive Plan and the zoning is C-5
Business Park Use District.
CURRENT
CIRCUMSTANCES: The project is the construction of an 8,119 sq. ft. single story
commercial building consisting of office and warehouse use on a
1.09 acre site in Deerfield Industrial Park 3rd Addition. The
estimated construction cost is $1,015,000. Onsite Engineering
and Forensic Services Inc. will contribute equity to the project of
100/0 cash.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
FINANCIAL
IMPACT:
Financing for the project will consist of bank financing, proposed
tax increment financing, and developer equity. The proposed use
of TIF is "pay-as-you-go" method of reimbursing eligible project
costs, which in this case is a portion of the land acquisition cost.
This pay-as-you-go method of TI F is when tax increment receipts
generated from the project development are used to reimburse the
developer and city for qualified costs over the life of the district.
In accordance with State Statute, the project needed to be eligible
based on proposed activities of the company, and qualify for TIF
and pass a "But For" test. Both the eligibility and "But For" test
have been completed and recommended for approval as part of
the TIF Plan for 4-1 by city financial consultant Ehlers and
Associates, Inc.
The attached narrative and project summary, prepared by Ehlers
and Associates, Inc. explains the project and TIF proposal in
greater detail. In accordance with State Statutes, the City must
also enter into a private Development Contract with Onsite
Engineering and Forensic Services, Inc. as well as a Business
Subsidy Agreement. Those two items will be considered
separately on the agenda at this meeting.
The proposed TIF project, if approved, would then be followed by
a building of 8,119 sq. ft. to be built on the project site for the
company. The project is currently under review by the City
Development Review Committee. The company cannot
commence construction until the TIF has been approved by the
City Council.
In accordance with State Statutes, the proposed TIF Plan for
District 4-1 and the Development Program for District NO.4 have
been sent by Ehlers and Associates, the city financial consultant,
to the affected taxing jurisdictions, including the City, Scott
County, and the Prior Lake Savage School District 719. Scott
County sent a comment letter (attached) to the City which was
received on May 10, 2005. The comments have been forwarded
to Ehlers to determine how this information impacts the
anticipated increment. As to the County's desire to collect funds
for roadway improvements, the developer of Deerfield Industrial
Park, Eagle Creek Development, was required to escrow
$125,000 for the eventual improvements of CSAH 21 and CSAH
87 intersection.
This proposed project does have a financial impact. The City is
proposing to collect taxes that would normally be disbursed to
additional taxing jurisdictions and allow the reimbursement of
certain project costs back to the developer over the duration of the
TIF District. The cost, according to the cash flow projection, is
estimated by the City financial consultant Ehlers and Associates,
Inc. to be approximately $104,590 over the duration of the TIF
District, with a present value of approximately $65,275. The
associated cash flow and impacts to the local taxing jurisdictions
are explained in greater detail in the attached TIF Plan for TIF 4-1.
In exchange for these tax investments, the building will provide
property tax revenues well after Tax Increment District 4-1
terminates. In addition, the project will also add high quality jobs
and tax base for Prior Lake.
ALTERNATIVES:
1.
Adopt Resolution #05-xx, approving the
Development Program for Development District No.
4 and the establishment of TIF District 4-1.
2. Further discuss this issue and direct staff to provide
additional information to the Council.
3. Deny the tax increment financing proposal.
RECOMMENDATION:
Alternative #1.
5.
Resolution #05-xx
Development Program for Development District No.4
Tax Increment Financing Plan for the Establishment of TIF
District No. 4-1
Ehlers and Associates Tax Increment Financing District
Overview
May 10, 2005 letter from Scott County regarding
comments on the proposed Development District 4 and TI F
District 4-1.
ATTACHMENTS:
1.
2.
3.
4.
oyles, City Manager
RESOLUTION 05-xx
RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR
DEVELOPMENT DISTRICT NO.4; AND ESTABLISHING TIF DISTRICT NO.
4-1 WITHIN DEVELOPMENT DISTRICT NO. 4 AND ADOPTING A TAX
INCREMENT FINANCING PLAN THEREFOR.
MOTION BY: SECOND BY:
WHEREAS, It has been proposed by the City that the City adopt a Development Program for
Development District No.4 (the "Development Program") and establish TIP
District No. 4-1 (the "District") therein and adopt a Tax Increment Financing
Plan (the "TIP Plan") therefor (the Development Program and the TIP Plan are
referred to collectively herein as the "Program and Plan"); all pursuant to and in
conformity with applicable law, including Minnesota Statutes, Sections 469.124
to 469.134 and Sections 469.174 to 469.1799, all inclusive, as amended, (the
"Act") all as reflected in the Program and Plan, and presented for the Council's
consideration; and
WHEREAS, The City has investigated the facts relating to the Program and Plan and has
caused the Program and Plan to be prepared; and
WHEREAS, The City has performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed
Program and Plan, including, but not limited to, notification of Scott County and
Independent School District No. 719 having taxing jurisdiction over the property
to be included in the District, a review of and written comment on the Program
and Plan by the City Planning Commission, and the holding of a public hearing
upon published notice as required by law; and
WHEREAS, Certain written reports (the "Reports") relating to the Program and Plan and to
the activities contemplated therein have heretofore been prepared by staff and
consultants and submitted to the Council and/or made a part of the City files and
proceedings on the Program and Plan. The Reports include the Application for
Financial Assistance, the but-for comparison, data, information and/or
substantiation constituting or relating to the basis for the other findings and
determinations made in this resolution. The Council hereby confirms, ratifies
and adopts the Reports, which are hereby incorporated into and made as fully a
part of this resolution to the same extent as if set forth in full herein; and
WHEREAS, The Council recognizes that, pursuant to Minnesota Statutes, Section 469.1 77,
Subd. 3, clause b, there is a mandatory fiscal disparities contribution for the
District, an economic development district.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. Findings for the Adoption and Approval of the Program and Plan.
The Council hereby finds that the Program and Plan, are intended and, in the judgment of
this Council, the effect of such actions will be, to provide an impetus for development in
the public purpose and accomplish certain objectives as specified in the Program and
Plan, which are hereby incorporated herein.
3. Findings for the Establishment ofTIF District No.4-I.
The Council hereby finds that the District is in the public interest and is an "economic
development district" under Minnesota Statutes, Section 469.174, Subd. 12.
The Council further finds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future and that 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 the 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 District permitted by the Tax Increment
Financing Plan, that the Program and Plan conform to the general plan for the
development or redevelopment of the City as a whole; and that the Program and Plan will
afford maximum opportunity consistent with the sound needs of the City as a whole, for
the redevelopment or development of the District by private enterprise.
The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each
determination in writing, as set forth in Exhibit A, which Exhibit A is incorporated herein
and made part of this Resolution as if fully set forth herein.
4. Public Pumose
The adoption of the Program and Plan conforms in all respects to the requirements of the
Act and will help to provide employment opportunities, to improve the tax base and to
improve the general economy of the State and thereby serves a public purpose.
5. Approval and Adoption of the Program and Plan.
The Program and Plan, as presented to the Council on this date, including without
limitation the findings and statements of objectives contained therein, are hereby
approved, ratified, established, and adopted and shall be placed on file in the office of the
City Manager.
The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Program and Plan and to negotiate, draft, prepare
and present to this Council for its consideration all further plans, resolutions, documents
and contracts necessary for this purpose.
The Auditor of Scott County is requested to certify the original net tax capacity of the
District, as described in the Program and Plan, and to certify in each year thereafter the
amount by which the original net tax capacity has increased or decreased; and the City of
Prior Lake is authorized and directed to forthwith transmit this request to the County
EXIllBIT A
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for TIF
District No. 4-1 as required pursuant to MS., Section 469.175, Subd. 3 are as follows:
1. Finding that the TIF District No. 4-1 is an economic development district as defined in M.S., Section
469.174, Subd. 12.
TIF District No. 4-1 is a contiguous geographic area within the City's Development District No.4,
delineated in the Plan, for the purpose of financing economic development in the City through the use of
tax increment. The District is in the public interest because it will facilitate construction of an
approximately 8,119 sq. ft. research and development, testing, and warehouse building for Onsite
Engineering and Forensic Services, Inc. which will discourage commerce, industry, or manufacturing
from moving their operations to another state or municipality; it will increase employment in the state,
and preserve and enhance the tax base of the state.
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and that
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 the market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments for the
maximum duration of TIF District No. 4-1 permitted by the TIF Plan.
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: This finding is supported by the
fact that the development proposed in this plan is a research and development, testing, and warehouse
facility that meets the City's objectives for economic development. The cost of land acquisition, site
and public improvements and utilities makes development of the facility infeasible without City
assistance. The developer has asked for and provided a letter and a proforma as justification that the
developer would not have gone forward without tax increment assistance (see attachment in Appendix
F). The proforma demonstrates that the return for the developer is below market rate of return, and
therefore, tax increment assistance is needed to make the project feasible.
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: The City supported this finding on the
grounds that the cost of land acquisition, site and public improvements and utilities add to the total
development cost. Historically, site development costs in this area have made development infeasible
without tax increment assistance. Therefore, the City reasonably determines that no other development
of similar scope is anticipated on this site without substantially similar assistance being provided to the
development.
A comparative analysis of estimated market values both with and without establishment of the District
and the use of tax increments has been performed as described above. If all development which is
proposed to be assisted with tax increment were to occur in the District, the total increase in market
value would be up to $789,100. The present value of tax increments from the District is estimated to be
$65,275. It is the Council's finding that no development with a market value of greater than $723,825
would occur without tax increment assistance in this district within 9 years. This finding is based upon
evidence from general past experience with the high cost of acquisition and public improvements in the
general area of the District (see Cashflow in Appendix D).
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3. Finding that the TIF Plan for TIF District No. 4-1 conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIP Plan and found that the TIP Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for TIF District No. 4-1 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development of Development
District No. 4 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State of
Minnesota, increased tax base of the State, and add a high quality development to the City.
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Auditor in such form and content as the Auditor may specify, together with a list of all
properties within the District, for which building permits have been issued during the 18
months immediately preceding the adoption of this resolution.
The City Manager is further authorized and directed to file a copy of the Program and
Plan with the Commissioner of Revenue pursuant to Minnesota Statutes 469.175, Subd.
4a.
Passed and adopted this 16th day of May, 2005.
YES
NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zleska Zieska
Frank Boyles, City Manager
Draft for City Review I
DEVELOPMENT PROGRAM
for
DEVELOPMENT DISTRICT NO.4
CITY OF PRIOR LAKE
SCOTI COUNTY
STATE OF MINNESOTA
Public Hearing: May 16, 2005
Adopted:
.
EHLERS
& ASSOCIATES INC
Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
(651) 697-8500 fax: (651) 697-8555 'MWI.ehlers-inc.com
TABLE OF CONTENTS
(for reference purposes only)
MUNICIPAL ACTION TAKEN ................................................... i
SECTION I
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 ............. 1-1
Subsection 1-1. Definitions.............................................. 1-1
Subsection 1-2. Statutory Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-2
Subsection 1-3. Statement of and Finding of Public Purpose . . . . . . . . . . . . . . . . . . .. 1-2
Subsection 1-4. Statement of Objectives ................................... 1-3
Subsection 1-5. Statement of Public Facilities and Costs to Be Financed .......... 1-3
Subsection 1-6. Funding of Developments and Redevelopments ................ 1-3
Subsection 1-7. Environmental Controls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4
Subsection 1-8. Proposed Reuse of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4
Subsection 1-9. Open Space to Be Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4
Subsection 1-10. Administration and Maintenance of Development District No.4. . . .. 1-4
Subsection 1-11. Rehabilitation ........................................... 1-4
Subsection 1-12. Relocation.............................................. 1-4
Subsection 1-13. Property Acquisition ...................................... 1-4
Subsection 1-14. Modification to the Development Program and/or Development District No.
4 ..................................................... 1-5
Subsection 1-15. Boundaries of Development District No.4. . . . . . . . . . . . . . . . . . . .. 1-5
MUNICIPAL ACTION TAKEN
(This Municipal Action is only for convenience of reference.)
Based upon the statutory authority described in the Development Program attached hereto, the public purpose
findings by the City Council and for the purpose of fulfilling the Council's development objectives as set forth
in the Development Program, the City Council has created, established and designated Development District
No.4 pursuant to and in accordance with the requirements of the Development District Act and the TIF Act
as defmed in the definitions of this document.
Tax Increment Financing District No.4-I, an economic development tax increment financing district, was
established at the same time that Development District No.4 was established.
The following municipal action was taken in connection therewith:
Develooment District No.4:
Mav 16. 2005: Development District No.4 was established by the Council and the Development Program
adopted.
Tax Increment Financin!! District No.4-I:
Mav 16. 2005: Tax Increment Financing District No. 4-1 was established by the Council and the Tax
Increment Financing Plan adopted.
SECTION I
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4
Subsection 1-1.
Definitions
- The terms def'med below shall, for purposes of this Development Program, have the meanings herein
specified, unless the context othenvise specifically requires.
1. "Authority" means the Prior Lake City Council.
2. "City" means the City of Prior Lake.
3. "Comprehensive Plan" means the documents which contain the objectives, policies, standards and
programs to guide public and private land use, development, redevelopment and preservation for all lands
and water within the City.
4. "County" means the County of Scott, Minnesota.
5. "Development Program" means this Development Program for Development District No.4, as initially
proposed, and as it shall be modified.
6. "Development District Act" means Minnesota Statutes, Sections 469.124 to 469.134, inclusive, as
amended.
7. "Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances, and plans
relating to or governing the use of development of land in the City, including but not limited to
environmental, zoning and building code laws and regulations.
8. "Project Area" means the real property within the City constituting Development District No.4.
9. "Public Costs" means the costs set forth in the Tax Increment Financing Plan, and any other costs eligible
to be fmanced by Tax Increments under the TIF Act and the Development District Act.
10. "Public Improvements" means the public improvements described in the Development Program and Tax
Increment Financing Plan.
11. "State" means the State of Minnesota.
12. "Tax Increment Bonds" means any tax increment bonds or notes, including pay-as-you-go notes, issued
by the City to finance the Public Costs as stated in the Development Program for Development District
No.4 and in the Tax Increment Financing Plans, and any obligations issued to refund such bonds.
13. "TIF Act" means Minnesota Statutes, Sections 479.174 through 479.1799, inclusive, as amended.
14. "Tax Increment Financing District" means any tax increment fmancing district presently established or
to be established in the future in Development District No.4.
15. "Tax Increment Financing Plan" or "Plan" means the Plans adopted by the Authority for any Tax
Increment Financing District.
City of Prior Lake
Development Program for Development District No.4
1-1
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Subsection 1-2.
Statutory Authority
The City established Development District No.4 pursuant to the Development District Act. It is authorized
that the City will administer Development District No.4 and any tax increment fmancing districts.
Within Development District No.4, the City plans to create one or more tax increment financing districts
established pursuant to the Tax Increment Act to finance the public improvements proposed for the
Development District. The public improvements may be initially financed from other City sources, including,
but not limited to the use of improvement bonds issued pursuant to Minnesota Statutes, Chapter 429, which
sources the City may reimburse from tax increment proceeds derived from tax increment districts to be
created within Development District No.4.
The tax increment district or districts will be created at such time as will enable the City to capture the
increase in taxable value of private improvements to be constructed within Development District No.4.
Subsection 1-3.
Statement of and Finding of Public Purpose
In recent months, the City has been reviewing the future development of the community. This review has
defined several important roles for the City of Prior Lake.
. Facilitating development activities that are compatible with overall community development
objectives of the City.
. Removing the physical and economic barriers to development.
. Providing the infrastructure needed to support development.
. Providing sites for future development.
The City intends to use the powers allowed under the Development District Act to fill these roles, to promote
development and redevelopment throughout the City, and to pool resources in order to reduce financial
barriers to providing decent housing and development and redevelopment opportunities.
The City has found that there is a need for development and redevelopment within the Development District
based upon the following conditions:
1. The Development District suffers from a lack of necessary streets, utilities and site improvements
essential to preparing and making sites available for meaningful development.
2. The Development District requires active promotion, attraction, encouragement and development
of economically sound commerce through government action for the purpose of preventing
emergence and continuation of blight and the occurrence of conditions requiring redevelopment
3. The Development District contains vacant, unused, underused and inappropriately used land.
Therefore, the City has determined to exercise its authority to develop a program for improving the
Development District to provide impetus for private development and redevelopment, to maintain and
increase employment, to provide infrastructure to serve citizens and employees of the City, to utilize existing
land for potential redevelopment and to provide other facilities as are outlined in the Development Program.
The City has also determined that proposed developments to be assisted by the City would not occur solely
through private investment in the foreseeable future. The City fmds that the welfare of the City, as well as
City of Prior Lake
Development Program for Development District No.4
1-2
the State, requires active promotion, attraction, encouragement and development of economically sound
industry and commerce to carry out its stated public purpose objectives.
The City has also determined that any tax increment fmancing plans to be proposed herein will be consistent
with the Development Program, and that the tax increment fmancing plans will afford maximum opportunity ,
consistent with the sound needs of the City as a whole, for the development or redevelopment of the
Development District by private enterprise.
Subsection 1-4.
Statement of Objectives
The City determines that it is necessary, desirable and in the public interest to establish, designate, develop
and administer the Development District. The City determines that the establishment of Development District
No.4 will provide the City with the ability to achieve certain public purpose objectives not otherwise
obtainable in the foreseeable future without City intervention in the normal development process. The City
seeks to achieve the following program objectives:
1. Promoting and securing the prompt development of property in the Development District in a
manner consistent with the City's planning and with a minimal adverse impact on the
environment, which property is less productive because of the lack of proper utilization and lack
of investment, and thereby promoting and securing the development of other land in the City;
2. Promoting and securing additional employment opportunities within the Development District
and the City for residents of the City and the surrounding area, thereby improving living
standards and preventing unemployment and the loss of skilled and unskilled labor and other
human resources in the City;
3. Securing the increase in value of property subject to taxation by the City, Independent School
District No. 719 and Scott County, and any other taxing jurisdictions in order to better enable
such entities to pay for public improvements and governmental services and programs required
to be provided by them;
4. Securing the construction and providing of moneys for the payment of the cost of public
improvements in the Development District, which are necessary for the orderly and beneficial
development of the Development District; and
Subsection 1-5.
Statement of Public Facilities and Costs to Be Financed
The preceding objectives will be promoted by providing improvements and opportunities within the
Development District which may include various types of site improvements, land acquisition,
redevelopment, demolition, parking, street, sewer, water and other public improvements. A description of
the items of expenditure and the estimated costs can be found in the Tax Increment Financing Plans for the
Tax Increment Financing Districts created within this Development District.
Subsection 1-6.
Funding of Developments and Redevelopments
To implement the established objectives, the City plans to utilize a number of public and private financing
tools. Funding of the necessary activities and improvements in the Development District is expected to be
accomplished through, and is not limited to, tax increment fmancing, special assessments, state aid for road
construction, proceeds from the sale of property, and federal and state grants.
Any public facilities within the Development District will be fmancially feasible and compatible with longer
range development plans. Any acquisition of property for the public improvements will be done to provide
City of Prior Lake
Development Program for Development District No.4
1-3
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the impetus for private development within the Development District.
Subsection 1-7.
Environmental Controls
All municipal actions, public improvements and private development shall be carried out in a manner
consistent with existing environmental controls and all applicable Land Use Regulations.
Subsection 1-8.
Proposed Reuse of Property
The Development Program contemplates that the City may acquire property and reconvey the same to another
entity. Prior to formal consideration of the acquisition of any property, the City will require the execution
of a binding development agreement with respect thereto and evidence that Tax Increments or other funds
will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the City
to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and
redevelopment of property shall be incorporated into any development agreement to which the City is a party .
Subsection 1-9.
Open Space to Be Created
Any open space within the Development District will be created in accordance with the zoning and
ordinances of the City.
Subsection 1-10.
Administration and Maintenance of Development District No.4
Maintenance and operation of the Development District will be the responsibility of the City Clerk. Each
year, the City Clerk will submit to the City Council the maintenance and operation budget for the following
year.
The City Clerk will administer the Development District pursuant to the provision of the Development
District; provided, however, that such powers may only be exercised at the direction of the City. No action
taken by the City Clerk pursuant to the above-mentioned powers shall be effective without authorization by
the City.
Subsection 1-11.
Rehabilitation
Owners of properties within the Development District may be encouraged to rehabilitate their properties to
conform with the applicable state and local codes and ordinances, as well as any design standards. Persons
who purchase property within the Development District from the City may be required to rehabilitate their
properties as a condition of sale of land. The City may provide such rehabilitation assistance as may be
available from federal, state or local sources.
Subsection 1-12.
Relocation
Any person or business that is displaced as a result of the Development Program will be relocated in
accordance with Minnesota Statutes, Section 117.50 to 117.56. The City accepts its responsibility for
providing for relocation assistance pursuant to the Development District.
Subsection 1-13.
Property Acquisition
The City intends to acquire such property, or appropriate interest therein, within the Development District
as the City may deem to be necessary or desirable to assist in the implementation of the Development
Program.
City of Prior Lake
Development Program for Development District No.4
1-4
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Subsection 1-14.
Modification to the Development Program and/or Development District
No.4
The City reserves the right to alter and amend the Development Program and the Tax Increment Financing
Plans, subject to the provisions of state law regulating such action. The City specifically reserves the right
to enlarge or reduce the size of the Development District and the Tax Increment Financing District, the
Development Program, the Public Costs and the amount of Tax Increment Bonds to be issued to finance such
cost by following the procedures specified in Minnesota Statutes, Section 469.175, Subd. 4.
Subsection 1-15.
Boundaries of Development District No.4
A boundary map of the Development District is shown on the attached Appendix A.
City of Prior Lake
Development Program for Development District No.4
1-5
APPENDIX
APPENDIX A
MAP OF DEVELOPMENT DISTRICT NO.4 BOUNDARIES
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As of May 9,2005
Draft for City Council
TAX INCREMENT FINANCING PLAN
for the establishment of
TIF DISTRICT NO. 4-1
(an economic development district)
within
DEVELOPMENT DISTRICT NO.4
CITY OF PRIOR LAKE
scon COUNTY
STATE OF MINNESOTA
Public Hearing: May 16,2005
Adopted:
81 EHLERS Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville. Minnesota 55113-1105
& ASSOCIATES INC 651-697 -8500 fax: 651-697-8555 www.ehlers-inc.com
TABLE OF CONTENTS
(for reference purposes only)
SECTION 11- TAX INCREMENT FINANCING PLAN
FOR TIF DISTRICT NO. 4-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Subsection 2-1. Foreword............................................... 2-1
Subsection 2-2. Statutory Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Subsection 2-3. Statement of Objectives ................................... 2-1
Subsection 2-4. Development Program Overview ............................ 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2
Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-2
Subsection 2-7. Duration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-3
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements. . . . . . . . . . . . . . .. 2-3
Subsection 2-9. Sources of Revenue/Bonded Indebtedness. . . . . . . . . . . . . . . . . . .. 2-4
Subsection 2-10. Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-5
Subsection 2-11. Fiscal Disparities Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-5
Subsection 2-12. Business Subsidies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-6
Subsection 2-13. County Road Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-7
Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions . . . . . . . . . . . . . . . .. 2-7
Subsection 2-15. Supporting Documentation ................................. 2-8
Subsection 2-16. Definition of Tax Increment Revenues ........................ 2-8
Subsection 2-17. Modifications to the District................................. 2-8
Subsection 2-18. Administrative Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-9
Subsection 2-19. Limitation of Increment ................................... 2-10
Subsection 2-20. Use of Tax Increment .................................... 2-11
Subsection 2-21. Excess Increments ...................................... 2-11
Subsection 2-22. Requirements for Agreements with the Developer . . . . . . . . . . . . .. 2-11
Subsection 2-23. Assessment Agreements ................................. 2-12
Subsection 2-24. Administration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-12
Subsection 2-25. Annual Disclosure Requirements ........................... 2-12
Subsection 2-26. Reasonable Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 2-12
Subsection 2-27. Other Limitations on the Use of Tax Increment. . . . . . . . . . . . . . . .. 2-13
Subsection 2-28. Summary.............................................. 2-13
APPENDIX A
PROJECT DESCRIPTION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A-1
APPENDIX B
MAP(S) OF DEVELOPMENT DISTRICT NO.4 AND THE DISTRICT. . . . . . . . . . . . . .. B-1
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . . . . . . . . .. C-1
APPENDIX 0
ESTIMATED CASH FLOW FOR THE DISTRICT .............................. 0-1
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM ............................... E-1
APPENDIX F
BUT/FOR QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. F-1
SECTION /I - TAX INCREMENT FINANCING PLAN
FOR T/F DISTRICT NO. 4-1
Subsection 2-1. Foreword
The City of Prior Lake (the "City"), staffand consultants have prepared the following information to expedite
the establishment ofTIF District No. 4-1 (the "District"), an economic development tax increment financing
district, located in Development District No.4.
Subsection 2-2. Statutory Authority
Within the City, there exists areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes
("MS."), Sections 469.124 to 469.134, inclusive, as amended, andMS., Sections 469.174 to 469.1799,
inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in fmancing public costs
related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for TIF District No.4-I. Other
relevant information is contained in the Development Program for Development District No.4.
Subsection 2-3. Statement of Objectives
The District currently consists of 1 parcel of land and adjacent and internal rights-of-way. The District is
being created to facilitate the construction of an approximately 8,119 sq. ft. warehouse building for Onsite
Engineering and Forensic Services, Inc. in the City of Prior Lake. Please see Appendix A for further project
information. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but
development is likely to occur in 2005. This TIF Plan is expected to achieve many of the objectives outlined
in the Development Program for Development District No.4.
The activities contemplated in the Development Program and the TIF Plan do not preclude the undertaking
of other qualified development or redevelopment activities. These activities are anticipated to occur over the
life of Development District NO.4 and the District.
Subsection 2-4. Development Program Overview
1. Property to be Acquired - Selected property located within the District may be acquired by
the City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
MS., Chapter 117 and other relevant state and federal laws.
3. Upon approval ofa developer's plan relating to the project and completion of the necessary
legal requirements, the City may sell to a developer selected properties that it may acquire
within the District or may lease land or facilities to a developer.
4. The City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
5. The City proposes infrastructure facilities within the District, no additional open space
within the District, no environmental controls specific to the District, proposed reuse of
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-1
private property as an office building, and continued operation of Development District No.
4 after the capital improvements within Development District No.4 have been completed.
Subsection 2-5.
Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcel listed below. See the map in Appendix B for further infonnation on the location of the District.
Parcel Number
25-428001-0
The City may acquire any parcel within the District including interior and adjacent street rights of way . Any
properties identified for acquisition will be acquired by the City only in order to accomplish one or more of
the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry
out land acquisition, site improvements, clearance and/or developmentto accomplish the uses and objectives
set forth in this plan. The City may acquire property by gift, dedication, condemnation or direct purchase
from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken
only when there is assurance of funding to fmance the acquisition and related costs.
Subsection 2-6. Classification of the District
The City, in detennining the need to create a tax increment fmancing district in accordance with MS.,
Sections 469.174 to 469.1799, as amended, inclusive, fmds that the District, to be established, is an economic
development district pursuant to MS., Section 469.174, Subd. 12 as defmed below:
"Economic development district" means a type of tax increment financing district which consists of any
project, or portions of a project, which the authority finds to be in the public interest because:
(1) it will discourage commerce, industry, or manufacturingfrom 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.
The District is in the public interest because it will meet the statutory requirement from clauses 1 and 2.
Pursuant to MS., Section 469.176, Subd. 4c, revenue derived from tax increment from an economic
development district may not be used to provide improvements, loans, subsidies, grants, interest rate
subsidies, or assistance in any fonn to developments consisting of buildings and ancillary facilities, if more
than 15 percent of the buildings and facilities (determined on the basis of square footage) are used for a
purpose other than:
(1) The manufacturing or production of tangible personal property, including processing resulting
in the change in 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 items (1) or (2);
(4) Telemarketing if that activity is the exclusive use of the property;
(5) Tourism facilities; or
(6) Qualified border retail facilities;
(7) Space necessary for and related to the activities listed in items (1) to (6)
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-2
In meeting the statutory criteria the City relies on the following facts and fmdings:
The facilities in the District meet the conditions of Purposes 1, 2, and 7.
The District is being created to assist in the construction of an approximately 8,119 sq. ft. warehouse building
for Onsite Engineering and Forensic Services, Inc. in the City of Prior Lake. The proposed facility will be
used for warehousing evidence for cases in litigation, provide testing that leads to providing expert opinion
in state and Federal court and related activities.
Pursuant to MS., Sections 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of MS., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in
any of the five calendar years before the filing of the request for certification of the District.
Subsection 2-7. Duration of the District
Pursuant toMS., Section 469.175, Subd. 1, andMS., Section 469.176, Subd. 1, the duration of the District
must be indicated within the TIF Plan. Pursuant toMS., Section 469.176, Subd 1b, the duration of the
District will be 8 years after receipt of the fITst increment by the City. The date of receipt by the City of the
first tax increment is expected to be 2007. Thus, it is estimated that the District, including any modifications
of the TIF Plan for subsequent phases or other changes, would terminate after 2015, or when the TIF Plan
is satisfied. If increment is received in 2006, the term of the District will be 2014. The City reserves the right
to decertify the District prior to the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements
Pursuant toMS., Section 469.174, Subd 7 andMS., Section 469.177, Subd 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2004 for taxes payable 2005.
Pursuant to MS., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2007) the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district~
3. Change due to adjustments, negotiated or court-ordered abatements~
4. Change in the use of the property and classification~
5. Change in state law governing class rates~ or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no
value will be captured and no tax increment will be payable to the City.
The original local tax rate for the District will be the local tax rate for taxes payable 2005, assuming the
request for certification is made before June 30, 2005. The ONTC and the Original Local Tax Rate for the
District appear in the table on the following page.
Pursuant to MS., Section 469.174 Subd 4 and MS., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within Development District No.4, upon completion of
the project, will annually approximate tax increment revenues as shown in the table below. The City requests
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-3
""""^-'---'"-'---'~'-'~"-'--"'-"--"-'---'''"--i''--''"--"----"--.-..-"-~--"-.""..".,-'--""-,..."""'.-
100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures,
beginning in the tax year payable 2007. The Project Tax Capacity (PTC) listed is an estimate of values when
the project is completed.
Project Estimated Tax Capacity upon Completion (PTC)
Original Estimated Net Tax Capacity (ONTC)
Estimated Captured Tax Capacity (CTC)
Original Local Tax Rate
Estimated Annual Tax Increment (CTC x Local Tax Rate)
Percent Retained by the City
$15,250
$164
$10,329
1.00477
Pay 2005
$10,378
1000/0
*Estimates are for the first year of increment. The cashflow assumes a 2% annual inflation rate.
Pursuant to MS., Section 469.177, Subd 4, the City shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to MS.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant toMS., Section 469.175, Subd 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City of Prior Lake has reviewed the area to be included in the District and found no parcels for
which building permits have been issued during the 18 months immediately preceding approval of the
TIF Plan by the City.
Subsection 2-9. Sources of Revenue/Bonded Indebtedness
Public improvement costs, acquisition, utilities, parking facilities, streets and sidewalks, and site preparation
costs and other costs outlined in the Uses of Funds will be fmanced primarily through the annual collection
of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City
and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road
maintenance and construction, proceeds from the sale of land, other contributions from the developer and
investment income, to pay for the estimated public costs.
The City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan.
As presently proposed, the project will be fmanced by a pay-as-you-go note. Additional indebtedness may
be required to fmance other authorized activities. The total principal amount of bonded indebtedness,
including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment
fmancing will not exceed $104,000 without a modification to the TIF Plan pursuant to applicable statutory
requirements. It is estimated that $104,000 in bonded indebtedness will be financed with tax increment
revenues.
This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only
upon the determination that such action is in the best interest of the City. The City may also finance the ac-
tivities to be undertaken pursuant to the TIF Plan through loans from funds of the City or to reimburse the
developer on a "pay-as-you-go" basis for eligible costs paid for by a developer.
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-4
The estimated sources of funds for the District are contained in the table below.
PROJECT REVENUES
TOTAL
$104,590
$104.590
SOURCES OF FUNDS
Tax Increment
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of an approximately
8,119 sq. ft. warehouse building for Onsite Engineering and Forensic Services, Inc. in the City of Prior Lake.
The City has detennined that it will be necessary to provide assistance to the project for certain costs. The
City has studied the feasibility of the development or redevelopment of property in and around the District.
To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes
the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public
costs and uses of funds associated with the District is outlined in the following table.
PROJECT COSTS TOTAL
TOTAL
$85,000
$0
$0
$0
$0
$0
$9,131
$10,459
$104,590
USES OF FUNDS
Land Acquisition
Site Improvements/Preparation
Public Utilities
Parking Facilities
Streets and Sidewalks
Other Public Improvements
Interest
Administrative Costs (up to 10%)
The above budget is organized according to the Office of State Auditor (OSA) reporting fonns.
It is estimated that the cost of improvements, including administrative expenses which will be paid or
financed with tax increments, will equal $104,590 as is presented in the budget above.
Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment fmancing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to MS., Section 469.1763, Subd. 2, no more than 20 percent of the tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside of the District but within
the boundaries of Development District No.4, (including administrative costs, which are considered to be
spent outside of the District) subject to the limitations as described in this TIF Plan.
Subsection 2-11. Fiscal Disparities Election
Pursuant to MS., Section 469.177, Subd 3, clause b, the City must calculate fiscal disparities using the
following method of computation:
City of Prior Lake
T ax Increment Financing Plan for TIF District No. 4-1
2-5
~. "^""'"'-'l-'~""'~""'-'-~"'U"~'<""-~-'--""""""'''--'''''~'-,.._--~.-.""' -,,-_.-
(b) The following method of computation applies to any economic development district for which the
request for certification was made after June 30, 1997, and to any other district for which the
governing body, by resolution approving the tax increment financing plan pursuant to MS., Section
469.175, Subd 3, elects:
(1) The original net tax capacity shall be determined before the application of the fiscal
disparity provisions of Chapter 276A or 473F. The current net tax capacity shall exclude
any fiscal disparity commercial-industrial net tax capacity increase between the original
year and the current year multiplied by the fiscal disparity ratio determined pursuant to
MS., Section 276A.06, subdivision 7 or MS., Section 473F. 08, subdivision 6. Where the
original net tax capacity is equal to or greater than the current net tax capacity, there is no
captured tax capacity and no tax increment determination. Where the original tax capacity
is less than the current tax capacity, the diffirence between the original net tax capacity and
the current net tax capacity is the captured net tax capacity. This amount less any portion
thereofwhich the authority has designated, in its tax increment financing plan, to share with
the local taxing districts is the retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from
the net tax capacity of the local taxing districts in determining local taxing district tax rates.
The local tax rates so determined are to be extended against the retained captured net tax
capacity of the authority as well as the net tax capacity of the local taxing districts. The tax
generated by the extension of the less of (A) the local taxing district tax rates or (B) the
original local tax rate to the retained captured net tax capacity of the authority is the tax
increment of the authority.
Subsection 2-12. Business Subsidies
Pursuant to M S. Sections 1161.993, Subd. 3, the following forms of fmancial assistance are not considered
a business subsidy:
(1) A business subsidy of less than $25,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses, such
as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a public
purpose and do not principally benefit a single business or defmed group of businesses at the time
the improvements are made;
(4) Redevelopment property polluted by contaminants as defmed in MS., Section 116.1.552, Subd 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that the
assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment fmancing
hazardous substance subdistrict as defined under MS., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-6
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999~
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment fmancing soils condition district as defined under MS., Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature.
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $75,000 or less; and
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration.
The City will comply withMS., Section 116./.993 to 116./.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 2-13. County Road Costs
Pursuant toMS., Section 469.175, Subd. la, the county board may require the City to pay for all or part of
the cost of county road improvements if the proposed development to be assisted by tax increment will, in
the judgement of the county, substantially increase the use of county roads requiring construction of road
improvements or other road costs and if the road improvements are not scheduled within the next five years
under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the City within forty -five days
of receipt of this TIF Plan. The City is aware that the county could claim that tax increment should be used
for county roads, even after the public hearing.
Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions asswnes that the redevelopment contemplated by the TIF
Plan would occur without the creation of the District. However, the City has determined that such
development or redevelopment would not occur "but for" tax increment fmancing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
IMPACT ON TAX BASE
Scott County
City of Prior Lake
ISD No. 719
Actual
2004/2005
Total Net
Tax Canacitv
103,189,786
2,554,183
2,743,387
Estimated Captured
Tax Capacity (CTC)
Un on Comnletion
Percent of CTC
to Entitv Total
10,329
10,329
10,329
0.01000/0
0.40440/0
0.37650/0
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-7
IMPACT ON TAX RATES
Actual Percent Potential
2004/2005 of Total CTC Taxes
Extension Rates
Scott County 0.353590 35.19% 10,329 3,652
City of Prior Lake 0.324690 32.31 % 10,329 3,354
ISD No. 719 0.271730 27.04% 10,329 2,807
Other 0.054760 5.45% 10.329 566
Total 1.004770 100.00% 10,378
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual 2004/Pay 2005 rate. The total net capacity for the entities listed above are
based on actual Pay 2005 figures.
Subsection 2-15. Supporting Documentation
Pursuant to MS. Section 469.175 Subd 1, clause 7 the TIF Plan must contain identification and description
of studies and analyses used to make the determination set forth in MS. Section 469.175 Subd 3, clause (2)
and the fmdings are required in the resolution approving the TIF district. Following is a list of reports and
studies on file at the City that support the Authority's fmdings:
· Application for Financial Assistance
· Business Subsidy Agreement adopted in October of 2004
· 2004 Tax Increment Policy
· EAW
Subsection 2-16. Definition of Tax Increment Revenues
Pursuant to MS., Section 469.174, Subd 25, tax increment revenues derived from a tax increment fmancing
district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under MS.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, purchased by the Authority
with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
and
4. Interest or other investment earnings on or from tax increments.
Subsection 2-17. Modifications to the District
In accordance withMS., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of Development District No.4 or the District, if the
reduction does not meet the requirements of MS., Section 469.175, Subd 4(e)~
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan, or to increase or decrease the amount of interest on the debt to be capitalized;
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-8
__ ""'_~}'~""""'_____~__~M"""-'''''""",,'__'''''~'__'"''''''.''=___~''~''''_,_~_~"'-"'"_""'__"~"~~_^"_~""""~__
4. Increase in the portion of the captured net tax capacity to be retained by the City;
5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to MS., Section 469.175 Subd. 4{f), the geographic area of the District may be reduced, but shall
not be enlarged after five years following the date of certification of the original net tax capacity by the
county auditor. If an economic development district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria of MS., Section 469.174, Subd 12 must be
documented in writing and retained. The requirements of this paragraph do not apply if (1) the only
modification is elimination of parcel(s) from Development District No.4 or the District and (2) (A) the
current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity
of those parcel(s) in the District's original net tax capacity or (B) the City agrees that, notwithstandingMS.,
Section 469.177, Subd 1, the original net tax capacity will be reduced by no more than the current net tax
capacity of the parcel(s) eliminated from the District.
The City must notify the County Auditor of any modification that reduces or enlarges the geographic area
of Development District No.4 or the District. Modifications to the District in the form of a budget
modification or an expansion of the boundaries will be recorded in the TIF Plan.
Subsection 2-18. Administrative Expenses
In accordance with MS., Section 469.174, Subd 14, administrative expenses means all expenditures of the
City, other than:
1. Amounts paid for the purchase of land;
2. 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
project;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
project; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant toMS., Section 469.178; or
5. Amounts used to pay other fmancial obligations to the extent those obligations were used to fmance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982,
administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Pursuant to MS., Section 469.176, Subd 3, tax
increment may be used to pay any authorized and documented administrative expenses for the District up
to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan
or the total tax increments, as defmed by MS., Section 469.174, Subd 25, clause (1), from the District,
whichever is less.
Pursuant to MS., Section 469.176, Subd 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District. The county may require payment of those
expenses by February 15 of the year following the year the expenses were incurred.
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-9
_,',.. "'""~~,_"'"'_V"~"___,_""...."._,,,,.._~,_.._._._..-~~__..._'~"""''''''''''----'-''"'''''..''"'''''''''''''"-'"~-'~~'-~-'-~'-''''~'~"~'''''".-'-""-"-"-,..,----..-...-;""...,,""""--"~---.~.-.;."',,-.........,,"".'-~...""-~..--~---~-,~_......._"".~--
Pursuant to MS., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the City and the County Treasurer shall pay the amount deducted to
the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost
of imancial reporting of tax increment fmancing information and the cost of examining and auditing
authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of
Revenue.
Subsection 2-19. Limitation of Increment
Pursuant to MS., Section 469.176, Subd. 1 a, no tax increment shall be paid to the City for the District after
three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property
in the District by the County Auditor unless within the three (3) year period:
(1) Bonds have been issued in aid of the project containing the District pursuant toMS., Section
469.178, or any other law, except revenue bonds issued pursuant toMS., Sections 469.152
to 469.165, or
(2) The City has acquired property within the District, or
(3) The City has constructed or caused to be constructed public improvements within the
District.
The bonds must be issued, or the City must acquire property or construct or cause public improvements to
be constructed by approximately May, 2008 and report such actions to the County Auditor.
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to MS., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax increment
financing district pursuant to MS., Section 469.177, no demolition, rehabilitation or renovation of
property or other site preparation, including qualified improvement of a street adjacent to a parcel
but not installation of utility service including sewer or water systems, has been commenced on a
parcel located within a tax incrementfinancing district by the authority or by the owner of the parcel
in accordance with the tax increment financing plan, no additional tax increment may be taken from
that parcel and the original net tax capacity of that parcel shall be excludedfrom the original net
tax capacity of the tax increment financing district. If the authority or the owner of the parcel
subsequently commences demolition, rehabilitation or renovation or other site preparation on that
parcel including qualified improvement of a street adjacent to that parcel, in accordance with the
tax increment financing plan, the authority shall certify to the county auditor that the activity has
commenced and the county auditor shall certify the net tax capacity thereof as most recently certified
by the commissioner of revenue and add it to the original net tax capacity of the tax increment
financing district. The county auditor must enforce the provisions of this subdivision. The authority
must submit to the county auditor evidence that the required activity has taken place for each parcel
in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following
the year in which the parcel was certified as included in the district. For purposes of this
subdivision, qualified improvements of a street are limited to (1) construction or opening of a new
City of Prior Lake
T ax Increment Financing Plan for TIF District No. 4.1
2-10
'-"+-'-'-""'--"'---r-".'~----'---'--------"-'----'---'--'.........-.....----..-...-.....---..--.-.......
street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street.
The City or a property owner must improve parcels within the District by approximately May, 2009 and
report such actions to the County Auditor.
Subsection 2-20. Use of Tax Increment
The City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property
located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project~
2. To finance, or otherwise pay the capital and administration costs of Development District No.4
pursuant to the MS., Sections 469.124 to 469.134;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To [mance, or otherwise pay for other purposes as provided inMS., Section 469.176, Subd 4~
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
City or for the benefit of Development District No.4 by a developer~
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
MS., Chapter 462C. MS., Sections 469.152 through 469.165, and/or MS., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to MS., Chapter 462C, MS., Sections 469.152
through 469.165, and/or MS., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by MS., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Scott County to the City for the Tax Increment Fund
of said District. The City will pay to the developer(s) annually an amount not to exceed an amount as
specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,
demolition and relocation, site preparation, and administration. Remaining increment funds will be used for
City administration (up to 10 percent) and the costs of public improvement activities outside the District.
Subsection 2-21. Excess Increments
Excess increments, as defined inMS., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
In addition, the City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order
to fmance additional public costs in Development District No.4 or the District.
Subsection 2-22. Requirements for Agreements with the Developer
The City will review any proposal for private development to determine its conformance with the
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-11
Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development
with City plans and ordinances. The City may also use the Agreements to address other issues related to the
development.
Pursuant to MS., Section 469.176, Subd 5, no more than 10 percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any time be owned by the City as a result of
acquisition with the proceeds of bonds issued pursuanttoMS., Section 469.178 to which tax increments from
property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage, the City
concluded an agreement for the development of the property acquired and which provides recourse for the
City should the development not be completed.
Subsection 2-23. Assessment Agreements
Pursuant to MS., Section 469.177, Subd 8, the City may enter into a written assessment agreement in
recordable form with the developer of property within the District which establishes a minimum market value
of the land and completed improvements for the duration of the District. The assessment agreement shall be
presented to the County Assessor who shall review the plans and specifications for the improvements to be
constructed, review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement appears, in the
judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum
market value agreement.
Subsection 2-24. Administration of the District
Administration of the District will be handled by the City Clerk.
Subsection 2-25. Annual Disclosure Requirements
Pursuant toMS., Section 469.175, Subd 5, 6, and 6b the City must undertake financial reporting for all tax
increment fmancing districts to the Office of the State Auditor, County Board, County Auditor and School
Board on or before August 1 of each year. MS., Section 469.175, Subd. 5 also provides that an annual
statement shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by MS., Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2-26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that 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 the 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 District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-12
."" ~~" ,_. ',.,.~,~,."-" '+....~,..,-_...~"".4<"""_.._..............""""~',.,..,----~1'f+-..--"'~""..._..."....---
estimated market values both with and without establishment of the District and the use of tax increments has
been performed as described above. Such analysis is included with the cashflow in Appendix D, and
indicates that the increase in estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated market value of the site absent the establishment of the District and the
use of tax increments.
Subsection 2-27. Other Limitations on the Use of Tax Increment
1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to fmance, or otherwise pay the capital and administration costs of
Development District No.4 pursuant to theMS., Sections 469.124 to 469.134. Tax increments may not
be used to circumvent existing levy limit law. No tax increment may be used for 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. This provision does not prohibit the use of revenues derived from tax
increments for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 80 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 20 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule
set forth in MS., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 80 percent of said tax increments that remain after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth inM.s:, Section 469.1763, Subd. 5.
Subsection 2-28.
Summary
The City of Prior Lake is establishing the District to preserve and enhance the tax base, and provide
employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates,
Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105, telephone (651) 697-8500.
City of Prior Lake
Tax Increment Financing Plan for TIF District No. 4-1
2-13
, -'-'--'~'
APPENDIX A
PROJECT DESCRIPTION
Onsite Engineering and Forensic Services, Inc. is an electrical engineering consulting firm. The company
is retained by insurance companies, law fmns, state and federal agencies to investigate electrical failures,
accidents and fIres. The company needs to retain evidence for cases in litigation, often for long periods of
time, and provides testing and gives expert opinion in state and federal court. The company needs to
construct a new facility in order to add additional staff, add additional secure and safe evidence storage,
provide additional areas for testing and research! development activities, and add professional office space
for personnel growth. The company currently is located in Prior Lake, at Park Nicollet Avenue and Toronto
east ofTH 13.
The company proposes to construct an approximately 8,119 sq. ft. new facility in Deerfield Industrial Park,
specifically, Lot 1, Block 1 Deerfield Industrial Park 3rd Addition. Lot 1, Block 1 is approximately 1.10 acres,
and is zoned by the City of Prior Lake as C-5 Business Park District. The lot fronts Graystone Court, and
the main road serving the development is Adelman Street. The site sits on the south side of County Road 21
in the city limits of the City of Prior Lake. The site is visible from County Road 21.
APPENDIX
A-I
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APPENDIX
APPENDIX B
MAP(S) OF DEVELOPMENT DISTRICT NO.4 AND THE DISTRICT
B-1
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APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcel listed below.
Parcel Number Address Owner
25 -428001-0 5714 Graystone CT SE Choudek Properties LLC
APPENDIX
C-l
__"_,,,,,,,~,,,^,.,_,~~_~"'~~"'__"~"''''_''_~~''~_'''''''''''~'~'''__~_,....~.~~...'"_~........'~w.'""""........._,..M'~."-<_.....'..k~..~_'.~.."....._,._~.."'"_ffl~~_.',,,..__~.._~._____~'."'__""""""~_'_
APPENDIX D
ESTIMATED CASH FLOW FOR THE DISTRICT
APPENDIX
D-l
51812005
o
EHLERS
, *-1511 (H 'l;$ Ule:
Page 1 of 2
On-Slte Engineering
CITY OF PRIOR LAKE, MINNESOTA - Economic Development TlF District
8,119 SqlFt Warehouse Building
fHfi@,%mN!%Bill&iltllli.~~__ONljt~WRHi!ft.1HlW!if!HWtl1
Diatrlct N_ Economic Development Diatrlct
County District #
Inflatial Rate - Every 1 Year
Pay-As-You-Go Interest Rate:
Nole Issued Date (Present Value Dete):
local Tax Rate - CertIfied
Ascal Disparities Electlal (A- outside or B inside)
Year District was certified
Assumes Arst Tax Inaement For District
Assumes Arst Tax Inaement For Dev
Years d Tax Inaernent
Assumes Last Year of Tax Inaement
Ascal Disparities Ratio
Ascal Disparities Metro Wde Tax Rate
Local Tax Rate - QJTent
State Wde Property Tax Rate (Used for total taxes)
Mar1<:et Value Tax Rate (Used for total taxes)
Commerdallndustrlal Cass Rate
First 150,000
Over 150,000
Rental Cass Rate
Resldental Cass Rate
Under $500,000
OIf!1' $500,000
I%Ht%ltM@ffi**&flimW1Mhtt%tMWNEWiWnMfm~ntmgg
2.??oo%
6.5000%
01-Feb-06
100.4770% est. Pay 2005
B
2005
2007
August 2007
9
2015
34.0532% eat. Pay 2005
129.8630% nt. Pay 2005
100.4770% est. Pay 2005
51.1210% Pay 2005
0.21486% est. Pay 2005
1.5%-2.0% Pay 2005
1.50%
2.000.4
1.25% Pay 2005
1.0".4-1.25%
1.000A,
1.25%
Wii1ih@!hWllWniili;W;iWmmSimmJiVmmm@ WI
.'~. it m
Property Land Building Total Claaa Ba. Date
PlD Owner Market Value Market Value Market Value Rate Tax Capacity Payable
2~28001-0 OloucJek Properties 10,900 0 10,900 1.5%-20% 164 2005
Totals 10.900 184
'."'.
Total Market Value Taxea Per Total Market Claaa N_ Date
U. Sq. Ft/Unlta Sa. FtlUnlta Sq. FtlUnita Taxes Value Rate Tax Capacity Payable
Warehouse 8,119 98.53 $3.25 26,364 800,000 1.50.4-2.0"11. 15,250 2007
TOTAL 26,364 800,000 15,250
Note:
1. Tax estimates are based upon market value, construction costs and taxes per sqlft
2. llF run assumes 100% of the building is constructed by January 2, 2006 fo/' payable 2007 . Per Developer.
Total Local Fiscal Local Fiacal State-wlde Local Flacal State-wide Market
Use Tax Tax Disparities Tax Disparities Property Taxes Diaperitles Property Value Total
CaDacltv CaD8clty Tax CaDacltv Rate Tax Rate Tax Rate Taxes Taxes Taxea Taxes
Wareh 15,250 10,057 5,193 1.00477 1.29863 0.51121 10,105 6,744 7,796 1,719 26,364
TOTAL 15,250 10,057 5,193 U)0477 1.29883 0.51121 10,105 6,744 7,796 1,719 26,384
Note:
1. City of Prior lake pays Fiscal Disparities. Economic DIlI/&lopment Districts pay Fiscal Disparities from inside the District
Prepered by EhI.-.
Cashftow 5-5--05
"-'-'-""~"""'''-'--'~'''''---_._-'---''-''-r--'-'--~.-.-.....-.-.--------.,.-....""..'''-.."..-....."--.....''..--,,.--.-
51812005 Page 2 of 2
e ~.~1d~t~,!
CITY OF PRIOR LAKE, MINNESOTA - Economic Development T1F District
On-Site Engineering
Baee Project Captured State Admin. "~TmC""1 U~IC
PERIOD BEGlNNNG Tax Tax Gross Tax Auditor & Pooling Net Tax Present PERIOD ENDING
Vrs. Mth. Yr. CaDacitv Caoacitv CaDacitv Increment 0.38% 10.00% Increment Value V.... Mth. Yr.
0.0 02-01 2005 0 0 0 0 0 0 0 0 0.0 08-01 2005
0.0 08-01 2005 0 0 0 0 0 0 0 0 0.0 02~1 2006
0.0 02-01 2006 0 0 0 0 0 0 0 0 0.0 08-01 2006
0.0 08-01 2006 0 0 0 0 0 0 0 0 0.0 02-01 2007
0.0 02-01 2007 164 15,250 10,329 5,189 (19) (517) 4,653 4,228 ,;'.' :;r;;I!I:jjt;!ji:I!I;::j_~4!!~_i!
0.5 08-01 2007 164 15,250 10,329 5,189 (19) (517) 4,653 8,322 1.0 02~1 2008
1.0 02-01 2008 164 15,555 10,634 5,342 (19) (532) 4,791 12,405 1.5 08-01 2008
1.5 08-01 2008 164 15,555 10,634 5,342 (19) (532) 4,791 16,360 2.0 02~1 2009
2.0 02-01 2009 164 15,866 10,945 5,499 (20) (548) 4,931 20,301 2.5 08-01 2009
2.5 08-01 2009 164 15,866 10,945 5,499 (20) (548) 4,931 24,119 3.0 02-01 2010
3.0 02-01 2010 164 16,183 11 ,263 5,658 (20) (564) 5,074 27,924 3.5 08-01 2010
3.5 08-01 2010 164 16,183 11 ,263 5,658 (20) (564) 5,074 31,609 4.0 02~1 2011
4.0 02-01 2011 164 16,507 11,586 5,821 (21) (580) 5,220 35,281 4.5 08-01 2011
4.5 08-01 2011 164 16,507 11,586 5,821 (21) (580) 5,220 38,837 5.0 02-01 2012
5.0 02-01 2012 164 16,837 11,916 5,987 (22) (597) 5,369 42,379 5.5 08-01 2012
5.5 08-01 2012 164 16,837 11,916 5,987 (22) (597) 5,369 45,810 6.0 02-01 2013
6.0 02-01 2013 164 17,174 12,253 6,156 (22) (613) 5,520 49,227 6.5 08-01 2013
6.5 08-01 2013 164 17,174 12,253 6,156 (22) (613) 5,520 52,536 7.0 02~1 2014
7.0 02-01 2014 164 17,517 12,597 6,328 (23) (631) 5,675 55,831 7.5 08-01 2014
7.5 08-01 2014 164 17,517 12,597 6,328 (23) (631) 5,675 59,022 8.0 02-01 2015
8.0 02-01 2015 164 17,868 12,947 6,504 ~~~ (648) 5,833 62,198 8.5 08-01 2015
8.5 08-01 2015 164 17868 12947 6504 (648) 5833 65 275 9.0 02-01 2016
Totals 104968 (378) (10459) 94 131
65 275
NOTES:
1. State Auditor PIJYment Is based upon 1st half, pay 2005 actual and may Increase over term of district
2. Assumes 100% of the building Is completed OIl January 1, 2006 for first increment collected in 2007 which starts the district.
& the 1st full year of Increment is 2007.
3. Amount of increment will vary depending upon market value, tax rates, class rates, construction schedule and inflation on Market Value.
4. Inflation on tax rates cannot be captured.
5. TlF does not capture state wide property taxes or market value property taxes
Prep.-ad by Ehlen
Cashnow 5-5-.05
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM
(MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT)
APPENDIX
--,-.----,,--------....-.---- -------.+.~...--... .."-~-"-------". ..-.., ..
E-l
mn=j~
_ Please fill in date agreement signed (same as question 21)
Minnesota Business Assistance Form
. The Minnesota Business Assistance Form (MBAF) is used to report each business subsidy (including Job Opportunity Zone (JOBZ) tax
exemptions/credit) and financial assistance agreement signed from Aueust 1.1999 throuf!h December 31. 2004 unless goals have been
achieved and reported on a MBAF per Minn. Stat. 9 116J.993 to ~ 116J.995.
. Businesses receiving JOBZone Benefits must report through 2015 even if goals have been achieved.
. The following govemment agencies must submit a MBAF: 1) any local government/agency that signed a business subsidy agreement
since January 1, 1999, or represents a population of more than 2,500; 2) all state government agencies authorized to provide business
subsidies.
. DEED will contact any local or state government agency that is required to report but has not done so by April 1. Business assistance
may not be awarded after June 1 of each year until a report has been submitted
. Questions? Call (651) 296-0580. Information on where to mail or fax your completed MBAF(s) is on page 5. An online version of
this form is available at www.deedstate.mn.us/Community/subsidies/MBAFForm.htm
Section 1: (Grantor Information)
1. Name of grantor (funding entity) 2. Name of person completing this form
3. Street address 4. City 5. Zip Code
6. County 7. Phone number 8. Fax number 9. E-mail address
10. Please indicate who in your organization should receive the MBAF if different from the person in Question 2.
Nameffitle Phone number Street address City Zip Code
11. Classification of grantor (Mark one. If grantor is entity created 12. Has your organization held a public hearing on and adopted
by gov 't agency, please indicate affiliation. For example, a city criteria for awarding business subsidies in compliance with
EDA would check "City government. ") Minn. Stat 9 1161.994? (Mark one.)
o City government 0 Yes, in 2005 (attach criteria)
0 Yes, in 2005 but have not yet adopted criteria
CJ County government CJ Yes, prior to 2005
CJ Regional government If Yes:
Hearing Date: Year Criteria Submitted:
o State government
CJ No
o Other (please specifY) CJ Other (Please attach explanation.)
13. Has your organization signed any agreements to award a business subsidy or financial assistance from August 1, 1999 through
December 31, 2004 unless goals have been achieved and reported in a previously filed MBAF? (Mark one.)
CJ Yes (Complete the remainder oftheform unless goals have been achieved and CJ NO(StOD here go to section 5 on page 4.)
reported in a previouslvfiled MBAF Der Minn. Stat. 6116J. 993 and Q 116J. 994,)
Section 2: Recipient n ormation
14. Name of business or organization 15. Address where business subsidy or financial assistance
receiving subsidy or financial assistance will be used
Street address City State ZIP Code
16. Does the recipient have a parent corporation? (Mark one.)
CJ Yes (Indicate name and address of parent corporation below. If more than one, indicate ultimate owner.)
CJ No
-
Name of parent corporation Street address City State ZIP Code
I fi
Minnesota Business Assistance Form (02/01/05)
Page 1 of5
Dept. of Employment and Economic Development
----...-.-.-----.-......-........,.--..----.---......--.-'.
17. Industry of recipient's facility (Mark one.):
[J Manufacturing [J Services [J Finance, Insurance, Real Estate
l:I Retail Trade l:I Wholesale Trade l:I Construction l:I Other (please specify)
18. Did the recipient relocate as a result of signing this agreement? (Mark one.)
l:I Yes (Indicate city and state of previous address and reason recipient did not complete this project at that address.)
City/State of previous address Reason project not completed at previous address
[J No (Go to Question 19.)
19. What would recipient have done without business subsidy or financial assistance? (Mark one):
[J Remain at previous location, but not expand [J Remain at previous location but expand
l:I Relocate to different Minnesota location [J Relocated outside Minnesota
o Other
Section 3: A2reement Information
20. Total dollar value of business subsidy or financial assistance
(Please separate value by type in Questions 24 and 25.)
(Enter zero for JOBZ, Biozone and Agzone projects.)
21. Date agreement signed (In addition to the agreement date,
indicate any dates the agreement was amended. )
22. Benefit date (Indicate the date the recipient receives the business subsidy or improvements were finished, equipment was placed into
service, or the recipient occupied the property, whichever is earlier.)
23. Does the agreement provide a business subsidy or one ofthe four types of financial assistance (see Question 25) required
to be reported? (Mark one.)
[J business subsidy
24. If the agreement provided a business subsidy, please indicate the
type(s) and total dollar value for each type.
[J not applicable, agreement provided financial assistance
[J loan (only principal)
o grant (i.e., forgivable loan)
[J tax abatement
[J TIF or other tax reduction or deferral
[J guarantee or payment
[J contribution of property or infrastructure
[J preferential use of governmental facilities
[J land contribution
[J Biozone
[J JOBZ (state tax exemptions/credits and sales tax)
[J JOBZ - Agzone
[J other (Specify subsidy type.)
$-
$-
$-
$-
$-------,
$-
$-
$-
$~
$~
$~
$-
(Note: no dollar value for zone projects)
26. If the assistance included tax increment financing, please indicate
the type of TlF district? (Mark one.)
[J not applicable, assistance was not in the form ofTlF
[J redevelopment
[J renewal and renovation
o soils condition
o economic development
o mined underground space
D hazardous substance subdistrict
Minnesota Business Assistance Form (02/01105)
[J financial assistance
25. If the assistance was one of the four types of financial assistance,
please indicate the type(s).
[J not applicable, agreement provided a business subsidy
[J assistance for property
by contaminants
[J assistance for renovating building
stock or bringing it up to code, and
assistance provided for designated
historic preservation districts, when
50 percent or less of total cost
[J assistance for pollution control or
abatement
[J assistance for a TlF soils
condition district
$
$
$
$
27. Are any other grantors providing a business subsidy or financial
assistance to the same project? (Mark one.)
DYes (Specify each grantor and the value of their assistance below;
attach an additional sheet ifnecessary.
Grantor
Value ($)
Grantor
Value ($)
DNo
Page 2 of5
Dept. of Employment and Economic Development
~ ~~_.,....--"""-"""'-""".,-''''-"'-"._-''''-,,._-~-'''-_.._--.--,--.----.--
Section JZ: JOZ Information
Complete Questions 28-31 if the financial assistance was awarded to a JOBZ qualified business recipient receiving JOBZ benefits. (If not,
go directly to Question 32.)
JZl. What was the amount of private capital investment of the business in the JOBZ zone prior to December 31, 2004?
Real (land and buildings) $
Personal (equipment) $
JZ2. What was the property tax assessment which was not collected for the property where the JOBZ qualified business was operating
during the period of January 1,2004 and December 31, 2004? (Please specify each additional parcel identification number and the
value of the property tax assessment that was not collected during the period of January 1,2004 and December 31,2004; attach an
additional sheet ifnecessary - obtain injiJrmationfrom county tax assessor's office.)
$
for Parcel Identification Number:
JZ3. What was the value of Wind Energy Production Tax, if any, for the JOBZ qualified business that was operating during the period of
January 1,2004 and December 31, 2004?
$
Section 4: Goals and Public Pur ose Identified in the A reement
28. Minn. Stat. 91161.994 requires that business subsidy and financial assistance agreements state a public purpose. Which of the following
public purposes were stated in the agreement? (Mark all that apply.)
a Enhancing economic diversity
a Creating high-quality job growth
a Job retention
a Stabilizing the community
a Increasing tax base (cannot be only purpose)
a Other (please specify)
29. Indicate whether the agreement included the following types of goals, and whether the recipient had attained those goals at the time of
this report. (Fill in the boxes and attainment daters) for each goal.)
B) Other job-creation and/or retention goals
Goals Target attainment All goals
established? dates (month & year) attained?
aYes aNo aYes aNo
aYes aNo aYes DNo
DYes DNo DYes DNo
aYes aNo aYes aNo
A) Specific wage and job goals to be attained within 2 years
C) Other wage goals
D) Goals other than wage and job goals
Please attach descri tion 0 oals and ro ess toward attainment i not documented in estions 30 and 31.
30. For each ofthe following wage categories, indicate the job creation and/or retention goals stated in the agreement and the average
hourly value of any employer-provided health insurance goals for those jobs. (Onlv indicate job creation goals in fUll-time
equivalents if you are unable to separate goals by full- and part-time positions.)
Hourly Wage
(excluding benefits)
Full-time
Job
Creation
Part-timel
Seasonalffemp.
Job Creation
FfE (onlv if unable to
stated as Ff/PT)
Job Creation
Job Retention
Hourly Value of
Health Insurance
no hourly wage-level goal
$
less than $7.00
$
$7.00 to $8.99
$
$9.00 to $10.99
$
$11.00 to $12.99
$
$13.00 to $14.99
$
$15.00 and higher
$
Minnesota Business Assistance Form (02/01/05)
Page 3 of5
Dept. of Employment and Economic Development
31. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the actual
hourly value of any employer-provided health insurance for those jobs. (Onlv indicatejob creation infull-time equivalents if you are
unable to separate job creation into full- and part-time positions.)
Hourly Wage
(excluding benefits)
Full-time
Job
Creation
Part-time!
SeasonalfI'emp. .
Job Creation
FTE (onlv if unable to
stated as FfIPT)
Job Creation
Job Retention
Hourly Value of
Health Insurance
less than $7.00
$
$7.00 to $8.99
$
$9.00 to $10.99
$
$11.00 to $12.99
$
$13.00 to $14.99
$
$15.00 and higher
$
32. Has the recipient achieved alllZoals (see Question 33, 34 and 35) and fulfilled all oblilZations stipulated in the agreement (Mark one.)
DYes
DNo
Section 5: Recipients Failing to Fulfin Obligations
(Do not complete this section if you completed it on another MBAF submitted to DEED.)
33. During the period January 1,2004 through December 31, 2004, did your organization have any recipients who failed to report as required
by Minn. Stat. ~116J.993 and ~116J.994? (Mark one.)
D Yes (Indicate the name of each recipient failing to report and the value of subsidy or financial assistance awarded to that
recipient. Attach additional pages if necessary.)
Name of recipient
Type of subsidy or assistance (See Questions 24 & 25. ) Value of subsidy or assistance
DNo
34. Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on
or after January 1, 2004, that were required to be fulfilled by the time of this report? (Mark one.)
D Yes (Complete the remainder of this section.)
D No (Stop here and submit form to DEED.)
Name ofrecipient in default
Type of subsidy or assistance
Initial value of subsidy or assistance
Street address of recipient
City/Zip code of recipient
Outstanding value of subsidy
or assistance
36. Reason(s) for default (Mark all that apply.):
D recipient ceased operation
D recipient relocated to a different community
D recipient was unable to fill vacant positions
D other (Specify reason.)
Minnesota Business Assistance Form (02/01/05)
Page 4of5
Dept. of Employment and Economic Development
37. To date, has the recipient fulfilled its repayment obligation? (Mark one.)
DYes D No, recipient has be2UIl to repay the assistance. D No, recipient has not beszun to repay the assistance.
38. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.)
DYes DNo
39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy:
Return your completed MBAF(s) by Avril]. 2005
EITHER
Mail To:
Minnesota Business Assistance Report
Minnesota Department of Employment and Economic Development - Analysis and Evaluation
1 st National Bank Building
332 Minnesota Street, Suite E200
81. Paul, Minnesota 55101-1351
OR
. Fax To:
(651) 215-3841
(Next year, please use the online version of this form. It can be found at
www.deed.state.mn.us/Community/subsidies/MBAFForm.htm. )
Minnesota Business Assistance Form (02/01105)
Page 5 of5
Dept. of Employment and Economic Development
APPENDIX F
BUT/FOR QUALIFICATIONS
Current Market Value - Estimate
New Market Value - Estimate
Difference
Present Value of Tax Increment
Difference
$10,900
800 000
$789,100
65.275
$723,825
Value Likely to Occur Without TIF is Less Than:
$723,825
APPENDIX
F-l
Proposed action:
Establishment of Tax Increment Financing District No. 4-1 and the
adoption of the Tax Increment Financing Plan.
Establishment of Development District No.4 and adoption of the
Development Program
An Economic Development District
. Ehlers & Associates
.. ...~ .. Tax Increment Financing District Overview
City of Prior Lake - Tax Increment Financing District No. 4-1
Development District No.4:
Type of TIF District:
Parcel Number:
25-428001-0
Location:
See the attached map
The District is being created to facilitate the construction of an
approximately 8,119 sq. ft. warehouse building for On site
Engineering and Forensic Services, Inc. in the City of Prior Lake.
Proposed development:
Estimated annual tax increment:
$10,378
Proposed uses of funds:
The TIF Plan contains the following budget:
Land Acquisition .......................... $85,000
Site ImprovementslPreparation .................... 0
Public Utilities ..... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
Parking Facilities ........................ . . . . . .. 0
Streets and Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
Other Public Improvements . . . . . . . . . . . . . . . . . . . . . .. 0
Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,131
Administrative Costs (up to 10%) .............. 10.459
TOTAL ................................ $104,590
Form offinancing:
Maximum duration:
Pay-as-you-go note
The duration of the District will be 8 years after receipt of the fITst
increment by the City. The date of receipt by the City of the fITst tax
increment is expected to be 2007. Thus, it is estimated that the
District, including any modifications of the TIF Plan for subsequent
phases or other changes, would terminate after 2015, or when the TIF
Plan is satisfied.
Administrative fee:
Up to 10% of annual increment, if costs are justified.
~'~'-'_'~_"""___"""""""~'_~"'__"'~~h_'~~"_'''_'''^''''~~'~_~_-'''_~---'''''_'_<~^_~~~_"~__.__''''''''''''''_''''''__''-~_~_'''''_"",,^"'''''''-'''~__'''_=,WX''''''''''''''_'_,.,,,~..,,_.",,,,.~."..,_,'_....,."~.,,,,~_
T1F District Overview
3 Year Activity Rule
(f469.176 Subd. 1a)
At least one of the following activities must take place in the
District within 3 years from the date of certification:
· · bonds have been issued
· · the authority has acquired property within the district
· · the authority has constructed or caused to be constructed
public improvements within the district
The estimated date whereby this activity must take place is May,
2008
4 Year Activity Rule
(f 469.176 Subd 6)
After four years from the date of certification of the District one
of the following activities must have been commenced on each
parcel in the District:
· · demolition
· · rehabilitation
· · renovation
· · other site preparation (not including utility services such as
sewer and water)
If the activity has not been started by the approximately May,
2009, no additional tax increment may be taken from that parcel
until the commencement of a qualifying activity.
Within 5 years of certification revenues derived from tax
increments must be expended or obligated to be expended. Tax
increments are considered to have been expended on an activity
within the District if one of the following occurs:
· · the revenues are actually paid to a third party with respect to
the activity
· · bonds, the proceeds of which must be used to fmance the
activity, are issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds
either are reasonably expected to be spent before the end of
the later of (i) the five year period, or (ii) a reasonable
temporary period within the meaning of the use of that term
under ~. 148(c)(1) of the Internal Revenue Code, or are
deposited in a reasonably required reserve or replacement
fund
· · binding contracts with a third party are entered into for
performance of the activity and the revenues are spent under
the contractual obligation
· · costs with respect to the activity are paid and the revenues
are spent to reimburse a pay for payment of the costs,
including interest on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately May, 2010, will not be eligible for repayment
from tax increments.
5 Year Rule
(f 469.1763 Subd 3)
The previous summary contains an overview of the basic elements of the proposed Tax Increment Financing
Plan for Tax Increment Financing District No.4-I. More detailed infonnation on each of these topics can be
found in the complete TIF Plan.
Page 2
- o'c----r----."-.__---~.----o-.--'oo"'-.---"-'------..,--'-.-"'--.--.__,.._.o,~_____.c.~,_~__.
TIF District Overview
The reasons and facts supporting the fmdings for the adoption of the Tax Increment Financing Plan for TIF District
No. 4.1 as required pursuant toMS., Section 469.175, Subd. 3 are as follows:
1. Finding that the TIF District No. 4-1 is an economic development district as defined inMS., Section 469.174,
Subd. 12.
TIF District No. 4-1 is a contiguous geographic area within the City's Development District No.4, delineated
in the Plan, for the purpose of financing economic development in the City through the use of tax increment.
The District is in the public interest because it will facilitate construction of an approximately 8,119 sq. ft.
warehouse building for Onsite Engineering and Forensic Services, Inc. which will discourage commerce,
industry, or manufacturing from moving their operations to another state or municipality; it will increase
employment in the state, and preserve and enhance the tax base of the state.
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and that 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 the market value estimated to result from the proposed development after
subtracting the present value of the projected tax increments for the maximum duration ofTIF District No. 4-1
permitted by the TIF Plan.
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: This fmding is supported by the fact that the
development proposed in this plan is a warehouse facility that meets the City's objectives for economic
development. The cost of land acquisition, site and public improvements and utilities makes development of
the facility infeasible without City assistance. The developer was asked for and provided a letter and a proforma
as justification that the developer would not have gone forward without tax increment assistance (see attachment
in Appendix F). The proforma demonstrates that the return for the developer is below market rate of return, and
therefore, tax increment assistance is needed to make the project feasible.
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: The City supported this fmding on the grounds that the cost of land
acquisition, site and public improvements and utilities add to the total development cost. Historically, site
development costs in this area have made development infeasible without tax increment assistance. Therefore,
the City reasonably determines that no other development of similar scope is anticipated on this site without
substantially similar assistance being provided to the development.
A comparative analysis of estimated market values both with and without establishment of the District and the
use of tax increments has been performed as described above. If all development which is proposed to be
assisted with tax increment were to occur in the District, the total increase in market value would be up to
$789,100. The present value of tax increments from the District is estimated to be $65,275. It is the Council's
fmding that no development with a market value of greater than $723,825 would occur without tax increment
assistance in this district within 9 years. This fmding is based upon evidence from general past experience with
the high cost of acquisition and public improvements in the general area of the District (see Cashflow in
Appendix D).
3. Finding that the TIFPlan for TIF District No. 4-1 conforms to the general plan for the development or
redevelopment of the municipality as a whole.
Page 3
TIF District Overview
The Planning Commission reviewed the TIF Plan and foood that the TIF Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for TIF District No. 4-1 will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by
private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State of
Minnesota, increased tax base of the State, and add a high quality development to the City.
Page 4
TIF District Overview
BOUNDARY MAPS OF DEVELOPMENT DISTRICT NO.4 AND
TAX INCREMENT FINANCING DISTRICT NO. 4-1
Page 5
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SCOTT COUNTY BOARD OF COMMISSIONERS
GOVERNMENT CENTER · 200 FOURTH AVENUE WEST. SHAKOPEE, MN 55379-1220
(952) 496-8100 · Fax: (952) 496-8180 · VIIW\IV.co.scottmn.us
JOSEPH WAGNER, DISTRICT 1
BOB VOGEl, DISTRICT 2
JERRY HENNEN, DISTRICT 3
BARBARA MARSCHALl, DISTRICT 4
JON ULRICH, DISTRICT 5
May 10, 2005
Frank Boyles
Prior Lake City Manager
16200 Eagle Creek Ave
Prior Lake, MN 55372
RE: Adoption of Tax Increment Financing District # 4-1
Dear Frank:
On May 16, the Prior Lake City Council will be conducting a public hearing regarding the
establishment of Tax Increment Financing District #4-1. The Scott County Board of
Commissioners received a presentation on the proposed project at the County Board meeting
on May 10, 2005. The County Board is allowed to provide comments to the City on the project
and is aware that the ultimate authority to approve the Tax Increment District is the City of
Prior Lake. After reviewing the plan of the proposed district, the Scott County Board of
Commissioners would like to formally make the following determination and recommendation.
The County agrees that the district qualifies as an Economic Development district by statute.
County staff would like to inform the City and Public Advisory Consultant, Ehlers & Associates
Inc., that the current parcel is under the three-year plat deferment law and that the value will
increase incrementally for three years or until construction begins, at which time the deferment
will be eliminated and the land will be valued at its full value. Staff would also like to inform
you that as the value is incrementally added, the base value will be adjusted to include all
deferred value existing on the parcel. The current TIF plan does not include the deferred value
in the base to be retained by the local taxing districts; therefore, proposed increment
generation to be retained will be affected.
Additionally, pursuant to MC 469.175, Subd 1, the County Board may require the City to pay for
all or part of the cost of county road improvements if the proposed development, which is
assisted with tax increment, will increase the demand on roads and will require the County to
improve the roads in order to manage the increase in traffic as well as diminish safety concerns.
The Scott County Board of Commissioners is requesting that the City of Prior Lake engage in
conversations with Scott County, to discuss and negotiate a cooperative cost share agreement
Frank Boyles
May 10, 2005
Page 2
for the needed roadway construction. The City has identified this segment of CSAH 21 as a
high priority; and with pending development along the corridor, it is critical that development
help fund the needed infrastructure. The County does believe it is necessary for development
to help fund the needed improvements and would like to discuss an equitable cost share
agreement between the County and City. The agreement does not have to be tied to the scope
of this increment project; in fact the agreement can be separate and distinct from anyone
development project in this district.
The Scott County Board of Commissioners does not wish to delay the proposed project being
presented. Therefore, we are not requiring the agreement be established prior to the
incorporation of this project. We are confident that an equitable cost share agreement can be
made with the City of Prior Lake that will meet the future needs of the public.
The contact for our discussions on this agreement is Lezlie Vermillion, Public Works Director.
She is prepared to meet with you at any time in the near future; please contact her directly to
arrange for a meeting time.
Thank you for your consideration.
Sincerely,
~"~-~1
/ /
/_-
. F--- / /
/
Bob Vogel, Chair
Scott County Board of Commissioners
cc: Commissioner Jerry Hennen
Commissioner Barbara Marschall
Commissioner Jon Ulrich
Commissioner Joe Wagner
David Unmacht, Scott County Administrator
Lezlie Vermillion, Public Works Director
---.-----..------.-.... .---......----..,.--........-T~...............--.-.