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HomeMy WebLinkAbout6B3 - Tax Increment Financing - Robert Foods AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6 B-3 DONALD RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 9798-XX APPROVING THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 2.9 JAN UARY 5, 1998 The purpose of this item is to consider the creation of Tax Increment Financing District (TIF) #2-9. This district is a part of Development District No.2, which is the Waterfront Passage Business Park. TIF District No, 2-9 is located on the south side of Cottonwood Lane in the Business Office Park. The property is guided C- BO in the Comprehensive Plan and the zoning is BP-Business Park. The proposed use of the property is consistent with both the land use plan designation and the zoning This site will have an area of approximately 4.5 acres and the developers propose to construct a warehouse/distribution facility of approximately 55,000 square feet. Development District No. 2 was formed to promote development of certain property, secure additional industrial, commercial, and housing development and redevelopment opportunities, increase property subject to taxation, provide public improvements to development properties, and designate methods for financing of activities in the Development District. The purpose of TIF District 2-9 is to finance the development activities of this site. The Planning Commission reviewed the creation of the district, finding the proposed use is consistent with the Comprehensive Plan. The Economic Development Authority also recommended approval of the Tax Increment District. Financing for the project will consist of bank financing, general obligation bonds, tax increment financing, a City contribution equal to 10% of the tax increment revenues, and developer equity. The use of tax increment financing will employ the "pay-as-you-go" method of reimbursing eligible project costs. Under this program, tax increment receipts generated from the development will be used to reimburse the City and 1:\econdev\eda\lif\2-9newcc.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTL'NITY EMPLOYER developer for certain qualified costs such as land, site work, sewer, water, roads, sidewalks and landscaping. This "buy down" method will occur over the life of the District, or until all agreed upon costs have been reimbursed. The intent of this method is to apply all of the revenues from the "pay-as-you- go" tax increment financing to reduce the project cost. The attached narrative, prepared by Advance Resources, explains the proposal in greater detail. A development agreement will be brought before the Council at a later date. ALTERNATIVES: 1. Adopt Resolution #98-XX, approving the creation of TI F District No. 2-9 2. Further discuss this issue and direct the staff to provide additional information to the City Council. 3. Deny the tax increment financing proposal. RECOMMENDATION: Adopt Alternative #1. ACTION REQUIRED: A motion and second to adopt the proposed resolution. REPORT ATTACHMENTS: 1. Resolution #98-XX 2. Tax Increment Financi District No. 2-9 Report 1:\econdev\eda\tif\2-9newcc.doc PAGE 2 RESOLUTION 98-XX A RESOLUTION OF THE CITY COUNCIL OF 1.l1E CITY OF PRIOR LAKE APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-9 AND THE USE OF TAX INCREMENT FINANCING MOTION BY: SECONDED BY: WHEREAS: the City Council of the City of Prior Lake, Minnesota (the "City"), has previously approved Development District No.2 (the "Development District") and in connection therewtth adopted a development program; and WHEREAS: it is desirable and in the public interest that the City undertake and carry out a tax increment finance plan for Tax Increment Financing District No. 2-9 pursuant to Chapter 469 of Minnesota Statutes, encompassing the area which is more particularly described on Exhibit A attached hereto and made a part hereof, (which area is herein called the "District"); and WHEREAS: the City Council has reviewed "Tax Increment Financing District No. 2-9, dated January 5, 1998 (the "Plan Booklet"), which sets forth a modified tax increment financing plan for the District; and WHEREAS: the Plan Booklet sets forth the City's estimate of the fiscal and economic impact of the District on the tax capacities of all taxing jurisdictions in which the District is located; and WHEREAS: the Board of Commissioners of Scott County, Minnesota, has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS: the School Board of Independent School District No. 719 has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS: the City has received and considered the comments of the Board of Commissioners of Scott County and the School Board of Independent School District No. 719 respecting the contents of the Plan Booklet; and WHEREAS: the City on January 5, 1998, after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan Booklet and received public comments on the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. The City finds and determines there is a need for the activities of Development District No. 2 to be financed in part by the tax increments from the District. 1:\e,condev\~da..\tit\2-9c.c.res.doc E\lg~ 1 16200 Eagle Creek Ave. S.t... Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The City finds and determines the activities to be financed by the tax increments from the District will carry out the objectives of Development District No.2 by encouraging industrial development, providing job opportunities and enhancing the tax base. 3. The City finds and determines the provision for job opportunities and the preservation and enhancement of the tax base are in the public interest of the City and the expenditures of the District are a public purpose. 4. The City finds and determines the modified tax increment financing plan as set forth in the Plan Booklet having been duly reviewed and considered is hereby approved and adopted, and the area described in Exhibit A hereto is hereby designated as an Economic Development District pursuant to Minnesota Statutes, Sections 469.l74, Subd. 12. 5. The City finds and determines the District is an Economic Development District because it will result in increased employment in the City, and it will result in preservation and enhancement of the tax base of the City. 6. The City finds and determines the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. 7. The City finds and determines the modified tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private ent"'l'.~se. 8. The City finds and determines the modified tax increment financing plan set forth in the Plan Booklet conforms to the general plan for the development of the City as a whole. 9. The reasons and supporting facts for findings 5,6,7 and8 as set forth on pages 3 and 4 of the Plan Booklet are by this reference confirmed, approved and adopted. 10 The City has calculated a fiscal disparities contribution pursuant to Minnesota Statutes, Section 469.177, Subdivision 3, as amended. 11 Pursuant to the 1996 Omnibus Tax Bill, Article 5, Section 6, the City requests an exemption from a LGNHACA penalty because a contribution of unrestricted funds in excess of 10% of the tax increment to be generated will be made in support of the project. 12 The City Clerk shall request the auditor of Scott County to certify the original tax capacity and original local tax rate of the District approved by this resolution. 13 The City Clerk is hereby directed to file a copy of this resolution with a copy of the Plan Booklet to the Minnesota Department of Revenue. 14 The City hereby states its intention to use all of the captured tax capacity for purposes of tax increment financing as per the conditions set forth in the Plan Booklet. Passed and adopted this 5th day of January, 1998. 1:\econdev\eda\tif\2-9ccres.doc Page 2 Mader Kedrowski Peterson Schenck Vacant 1: \econdev\eda\tif\2-9ccres.doc YES Mader Kedrowski Peterson Schenck Vacant Frank Boyles City Manager City of Prior Lake NO Page 3 - DYANCE Resources for Development, 'nc. Business Finance and Economic Development Specialists TAX INCREMENT I4.l1 ~ANCING DI~.AlCT NO. 2-9 PRIOR LAM;, MINNESOTA JANUARY 5, 1998 TAX INCREMENT FINANCING DISTRICT NO. 2.9 PRIOR LAKE, MINNESOTA JANUARY 5, 1998 PREPARED BY ADVANCE RESOURCES FOR DEVELOPMENT, INC. MANKATO, MINNESOTA TABLE OF CONTENTS Page INTRODUCTION ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE OF TAX INCREMENT FINANCING PLAN ........... 1 SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TAX INCREMENT FINANCING PLAN ............................. 2 RELATIONSHIP OF DISTRICT TO DEVELOPMENT PLAN ..... 2 PROPERTY CONDITIONS ................................. 2 NARRATIVE BOUNDARY DESCRIPTION OF THE DISTRICT ... 2 LIST OF PARCELS. . . .. . . .. . . . . . . ... . . .. . .. . . . .. . . .. . . . . . . 2 FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PLAN OBJECTIVES ...................................... 4 DEVELOPMENT PROGRAM .............................. 5 DISTRICT DEVELOPMENT ACTIVITIES ..................... 5 CONFORMANCE WITH PLAN FOR THE CITY ............... 5 PROCEDURE FOR MODIFYING THE DISTRICT PLAN. . . . . . . . . 6 RELOCATION POLICY PLAN .............................. 6 PROPERTY ACQUISITION AND DISPOSITION PLAN ......... 6 METHOD OF FINANCE ................................... 6 NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS ....... 7 FINANCIAL PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 MAP TAX INCREMENT FINANCING DISTRICT 2-9 Follows Page 1 NOTICES, RESOLUTIONS AND CERTIFICATIONS 13 1. NOTICE OF A PUBLIC HEARING 2. Al'rUJA VIT OF PUBLICATION 3. TRANSMITTAL TO INDEPENDENT SCHOOL DISTRICT NO. 719 4. TRANSMIIIAL TO SCOTT COUNTY BOARD OF COMMISSIONERS 5. RESOLUTION OF THE CITY COUNCIL APPROVING AND ADOPTING TAX INCREMENT FINANCING DISTRICT NO. 2-9 6. CERTIFICATION OF ORIGINAL TAX CAPACITY AND ORIGINAL LOCAL TAX RATE FOR TAX INCREMENT FINANCING DISTRICT NO. 2-9 INTRODUCTION LOCATION Tax Increment Financing District No. 2-9 is located in the Waterfront Passage Business Park south of County Road 21 on the east side of Prior Lake. The map following page 1 shows the location of District No. 2-9. pEFINITIONS For the purpose of clarity, the following terms defined in this report shall have the meanings given them. "Development District" means a specific area within the corporate limits of a municipality which has been so designated and separately numbered by the governing body. "Development District" also means Development District No.2. "Economic Development District" means a type of tax increment financing district which consists of any project, or portions of a project, not meeting the requirements found in the definition of redevelopment district, renewal and renovation district, soils condition district, mined underground space development district, or housing district, but which the authority finds to be in the public interest because: 1. It will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; or 2. It will result in increased employment in the state; or 3. It will result in preservation and enhancement of the tax base of the state. "Project" means development district as defined in Minnesota Statutes, Section 469.125, Subd. 9. r I I . "Tax Increment Financing District No. 2-9", "Tax Increment Financing District" or "District" means a contiguous or noncontiguous geographic area within a project delineated in the tax increment financing plan, as provided by Minnesota Statutes, Section 469.175, Subd. 1, for the purpose of financing redevelopment, mined underground space development, housing, or economic development in municipalities through the use of tax increment generated from the captured net tax capacity in the tax increment financing district. r- I I , PURPOSE OF TAX INCREMENT FINANCING PLAN ~'~ , District No. 2-9 is being established pursuant to Minnesota Statutes, Chapter 469, in order to give the City Council the authority to use Tax Increment Financing as a funding source. Under Chapter 469, a tax increment district has to be established as a housing district, a redevelopment district, a mined underground space district, a renewal and renovation district, a soils condition district or an economic development district. Since this area qualifies as an economic development district, pursuant to Minnesota Statutes, Section 469.174, Subd. 12, it will have a duration of not greater than nine years from the date of receipt of the first tax increment or eleven years from the approval of the tax increment financing plan, whichever is less. r- I ~'-.. SUMMARY The formation of District No. 2-9 improves the quality of life in the community by financing eligible Project costs which will result in the creation of job opportunities and increase of the tax base. 1/ .~. ~ '~ Co ("C-9~" ...~.,"."..... . <.::0/... ..'.... ..... ft, ..., ''''O.A ~/I_ ........ "" -'0 V~I)> ............ !\f0 1)>04D'" </ / ........... ........... ....., ......... ......, WATERFRONT PASSAGE BUSINESS PARK PRIOR LAKE, MINNESOTA TIF 2-1 MODIFIED lw;.h7Z.06 "................ TIF 2-6 MODIFIED;:~:~:~:~:;~:~~~ ::::::::::::::::: TIF 2-9 ESTABLISHED ~ ~~ '.. ~.. ~'. ... ... .. ... .... ... .. -, ... ... ... ... ... ... ... .... .... ... ............ ............., .. ..... ... .... ... .... ........ '....... ....... ... ... ... ......... ... ... ... ... .... ... ... ... ... ... '. ... ... .... ... .. ... I ' . l OllTLQ.( ..J8 ./ ./ .../--0- .-/ ...... ,.... ...." / .,l . ....... ""0' :s:::. -....:......'"" ~.~~ . . .............. -', . . . ~-.. - /c- =, 2 , 4 -, t.,( ! I. ~ L_.__~ .r I .0 "" \ I' \ Jr \. ,)T) o . I . 7' 't' .. , / I I I , . , o"'jo.... I" ,1 01 !I I I I uu, TAX INCREMENT FINANCING PLAN RELATIONSHIP OF TAX INCREMENT DISTRICT TO DEVELOPMENT DISTRICT Development District No.2 was formed in order to promote development of certain property, secure additional industrial, commercial and housing development and redevelopment opportunities, increase property subject to taxation, provide public improvements to development properties, and designate methods for the financing of activities in the Development District. Development District law authorizes the use of tax increment funds to pay for these Project activities and improvements. When using tax increment funds, it is necessary to establish a tax increment financing district according to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. Approval of this plan results in the formation of Tax Increment Financing District No. 2-9, the purpose of which is to finance the development activities authorized by the creation of Development District No.2. PROPERTY CONDITIONS The District consists of an approximate 4.5 acre parcel which was incorporated as part of the Waterfront Passage Business Park. The property is currently vacant and is appropriately zoned for its intended use. Upon inclusion in the District, a private developer will construct up to 58,000 SF of manufacturingtwarehouse facilities. Financing for the project will consist of bank financing, general obligation bond proceeds, tax increment financing, a City contribution of "unrestricted funds" equal to 10% of the tax increment revenues and developer equity. The use of tax increment financing will employ the "pay-as-you-go" method of reimbursing eligible project costs. Under this program tax increment receipts generated from the development will be used to reimburse the City and developer for certain qualified costs such as land, site work, sewer, water, roads, sidewalks and landscaping. This "buy down" will occur over the life of the District or until all agreed upon costs have been reimbursed. The intent of this method is to apply all the revenues from the "pay-as-you-go" tax increment financing to reduce the project cost. NARRATIVE BOUNDARY DESCRlt'UON OF DISTRICT NO. 2-9 An approximate 4.5 acre parcel identified as Lots 6 & 7, Block 2, Preliminary Plat, WAl~K- FRONT PASSAGE ADDITION, Scott County, Prior Lake, Minnesota. A new legal description will be recorded upon completion of a land survey. LIST OF PARCELS INCLUDED IN DISTRICT NO. 2-9 The following parcel is included in District No. 2-9: Parcel #25-296-002-3 (to be assigned) FINDINGS Minnesota Statues, Section 469.175, Subd. 4, requires that prior to municipality approval of a tax increment financing plan that the statutory findings of Minnesota Statutes, Section 469.175, Subd 3, must be made and the reasons for those findings must be set forth in writing along with supporting facts for each determination. The tax increment financing plan for District No. 2-9 tinds the following: 2 1. FINDING. That the proposed tax increment financing district is an economic development district. SUPPORTING FACTS. Minnesota Statutes, Chapter 469 provides for six types of districts __ a redevelopment district, renewal and renovation district, soils condition district, a mined underground space district, a housing district, and an economic development district -- each serving a well-defined need and each having different qualifying standards. Tax Increment Financing District No. 2-9 is intended to be an "Economic Development District". Minnesota Statutes, Section 469.174, Subdivision 12, defines "Economic Development District". This definition is also included on page 1 of this plan. The proposed District qualifies as an "Economic Development District" pursuant to the above cited statute because Project activities will increase employment and result in preserva- tion and enhancement of the tax base of the municipality. Upon inclusion in the District the vacant property will be developed by a real estate developer and leased for manufactur- ing/warehouse activities. Inclusion of this property in the District will increase the community's tax base and add approximately 35 new jobs to the area. 2. FINDING That the proposed development or redevelopment, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore, the use of tax increment financing is deemed necessary. SUPPORTING FACTS. In order for the site to be developed, project financing must be obtained. The City of Prior Lake in conjunction with the developer has prepared a pub- lic/private financial package which includes owner equity, proceeds from previously issued general obligation bonds, tax increment financing, a contribution of unrestricted funds from the City equal to 10% of the tax increment revenues and a bank fixed asset loan. In the opinion of the City this development would not occur in the City of Prior Lake without the public/private effort, including the financial assistance offered. 3. FINDING. That the Market Value increase estimated for the proposed Project is greater than what could reasonably be expected to occur if tax increment financing was not available. SUPPORTING FACTS. Phase I of the Project is estimated to result in a market value increase of $1,832,000. The present value of the projected tax increment revenues is estimated at $362,167; thus, the net market value increase less the present value tax increment estimate is $1,469,833. Since the Project would not be developed without the availability of tax increment financing there is a positive impact on the local tax base despite the use of tax increment financing. 4. FINDING. That the tax increment financing plan conforms to the general plan for the development or redevelopment of the municipality as a whole. SUPPORTING FACTS. The tax increment financing plan conforms to the general plan of the City of Prior Lake for the following reasons: A The tax increment financing area is designated on the zoning map for industrial development. Plan activities and subsequent development are intended to encourage and result in industrial development for this area. B. The general plan for the community supports the creation of job opportunities; particularly, increased opportunities for low and moderate income individuals. 3 5. FINDING. That the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the project by private enterprise. SUPPORTING FACTS. The City of Prior Lake, in approving Development District No.2, has prepared a blueprint for the development and redevelopment of the community. The Development District plan encourages cooperation with private enterprise. Information contained in the Development District report along with other City plans and reports has been used in the preparation of the District No. 2-9 plan. Based upon the objective of cooperation and upon the guidance provided by City plans and ordinances, the City has determined Project costs which will be paid for by tax increment revenues. As the Financial Plan contained on pages 6 through 11 of this report indicates, the City intends to concentrate the use of tax increment revenue on those improvements which would not reasonably be expected to occur solely through private action. Private enterprise will be responsible for the vast majority of the expenses and activities normally associated with land development. STATEMENT OF OBJEc 11 VES FOR DEVELOPMENT DISTRICT NO.2 The City Council of Prior Lake, Minnesota, determines that it is necessary, desirable, and in the public interest to establish/modify, designate, develop, and administer a development district in the City pursuant to the provisions of Minnesota Statutes, Sections 469.124 to 469.134, inclusive. The City Council further determines that the funding of the necessary activities and improvements in the Development District may be financed through tax increment financing, as well as, other appropriate sources. Prior to involving itself in financing Project activities or a development, the City Council shall determine financial feasibility of the Project or development. Any public or private activity when funded by the City shall demonstrate the need for such financing and how said financing is going to be repaid if it is a loan. In the case of a grant or tax increment financing, the benefits to the community, such as housing or job opportunities, increased tax base or removal of blighting conditions, shall be demonstrated. The City Council seeks to achieve the following objectives for Development District No.2: 1. Acquire land which is vacant or underused, including public or semi-public properties already devoted to a public use which is underutilized. 2. Assist with land assembly for new and expanding business, office and industrial areas. 3. Provide development sites of such size and character so as to assure the development of the Project area. 4. Eliminate or correct physical deterrents to the development of land. 5. Provide adequate streets, utilities and other public improvements and facilities to enhance the area for development. 6. Achieve a high level of design and landscaping quality to enhance the physical environ- ment. 7. Accomplish convenient and adequate parking to serve the needs of the area. 8. Create effective buffers, screens and/or transitions between residential and nonresidential uses to minimize the potential blighting effects of divergent land uses. 4 9. Combine elements of the City's Comprehensive Plan with these Project objectives. 10. Improve the financial base of the City. 11. Provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. 12. Provide increased employment opportunities and as much as possible seek businesses which would employ the unemployed and underemployed. 13. Promote redevelopment in order to prevent or eliminate blight and maintain the viability of commercial and residential areas. DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.2, Minnesota Statutes, Section 469.175, Subd. 1(2) requires: "A statement as to the development program for the project, including the property within the project, if any, which the authority intends to acquire". The Development Program for Development District No.2 is delineated in a report entitled "Development District No.2" adopted May, 1992 and modified August 1, 1994, copies of which are on file in the City Manager's office. By this reference, said development program is incorporated as part of this tax increment financing plan. TAX INCREMENT DISTRICT DEVELOPMENT ACTIVITIES, Development activities to be financed in whole or in part as a result of the implementation of this Plan include: 1. Reimbursement, to the City and developers, via a pay-as-you-go tax increment agreement for property acquisition and site preparation costs. 2. Expansion and development by real estate developer, of approximately 50,000 sq. ft. of production/warehouse facilities. All of the proposed activities and improvements are within the boundaries of Development District No.2 and District No. 2-9. The above activities are, at the time of preparation of this Plan Booklet, the only activities proposed for the Development District as a result of the formation of District No. 2-9. No contract has been entered into at the time of preparation of this Plan pursuant to Minnesota Statutes, Section 469.175, Subd. 1(3), completion of any of the activities. CONFORMANCE WITH PLAN FOR THE CITY The City Council, by approval of this report, believes that creation and implementation of District No. 2-9 does indeed meet the intent of the City's Comprehensive Plan for the City by maintaining the quality of existing development, and improving the quality of life through orderly planned improvements. 5 li~- PROCEDURE FOR MAKING MODIFICATIONS IN AN APPROVED TAX INCREMENT DISTRICT PLAN Tax Increment Financing District No. 2-9 may be modified, provided that the modification shall be approved by the City Council under provisions of the Minnesota Tax Increment Financing Act of Minnesota Statutes, Section 469.175, Subd. 4, as follows: "(a) A tax increment financing plan may be modified by an authority, provided that any reduction or enlargement of geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the authority shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan; provided that if an authority changes the type of district from housing, redevelopment or economic development to another type of district, this change shall not be considered a modification, but shall require the authority to follow the procedure set forth in Sections 469.174 to 469.179 for adoption of a new plan, including certification of the assessed valuation of the district by the county auditor. If a redevelop- ment district or a renewal and renovation district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of section 469.174, subdivision 10, paragraph (a), clauses (1) and (2), or subdivision lOa must be documented. The requirements ofthis paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2)(A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding section 469.177, subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the district. The authority must notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area. (b) The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor or five years from August 1, 1979." RELOCATION POLICY The Tax Increment Financing Plan does not require any relocation at this time. The District does not contain any residential, commercial, or industrial uses that will require relocation or movement on individual sites. If in the future the District is expanded or modified to include additional area or relocation activities, the City Council shall adopt rules and regulations that are in compliance with the Uniform Relocation Act and any persons affected shall be treated according to those laws, rules and regulations. PROPERTY ACOUISITION AND DISPOSITION The Prior Lake EDA will transfer property to the developers to enable their development of a production/warehouse facility. The property proposed for disposition includes the property described under the "Narrative Boundary Description of District No. 2-9" on page 3 of this Plan. .METHOD OF FINANCE The City Council of the City of Prior Lake, Minnesota, elects to use Tax Increment Financing pursuant to Minnesota Statutes, Chapter 469, to finance all or part of the costs of the Project. 6 By electing these methods of financing, the City Council is not precluding the use of other methods provided by State law. NOlll" ICA TION OF PRIOR PLANNED IMPROVEMENTS. Minnesota Statutes, Section 469.177, Subd. 4 requires that the request for certification of original tax capacity be accompanied by a listing of properties within the tax increment district for which building permits have been issued in the 18 months preceding approval of the tax increment financing plan. District No. 2-9 has had no building permits issued during this period. The parcel to be included within the District has yet to be split and recorded; it is estimated that upon a platting and recording the most recent tax capacity for the parcel to be included will be 200. fINANCIAL PLAN ESTIMATE OF PUBLIC COST The following is an estimate of public costs including cost of District indebtedness, source of revenue, most recent tax capacity, and estimate of captured tax capacity. 1. Activities. Activities within the Project area consist of property acquisition and site improvements. Costs which may be funded in Development District No.2 as a result of the formation of District No. 2-9 include: A. Property acquisition B. Soil correction/mitigation C. Administration D. Interest Expense SUJjI OTAL $400,000 30,000 15,000 233.416 $678,416 2. Source of Funds. A. Tax Increment Revenues B. City Contribution of Unrestricted Funds C. Developer Payment TOTAL $571,455 57,145 49.816 $678,416 SOURCES OF REVENUE The proposed sources of revenue to be used to finance public costs associated with the develop- ment projects in the District are developer payments and tax increment generated as a result of the taxation of the land and improvements in the District. Tax increment financing refers to a funding technique that utilizes increases in tax capacity and the property taxes attributed to new development to finance, or assist in the financing of public development costs. The improvements resulting from development of the property by private business within the District is estimated to generate an annual tax increment of $63,495 net of fiscal disparities contributions in 2000 through 2008. The District's tax increment will be generated from the construction of approximately 50,000 SF of production facilities. The City may issue tax increment bonds or use the annual receipt of tax increment to reimburse eligible Project costs. 7 FINANCING ASSUMPTIONS Tax increment will be used to finance activities in the Project area. The following information and assumptions were used to calculate financing costs for the activities in the Project area. 1. Table 1 on page 9 shows the calculations which were used to determine the amount of tax increment resulting from the proposed development in District No. 2-9. 2. Except for unavoidable delays, Phase I (25,000 SF facility) of development activities are scheduled to begin in March, 1998, and shall be completed by December 31, 1998. 3. Financing of the Project activities will be undertaken in 1997 and 1998. 4. The first tax increment in the estimated amount of $63,495 net of fiscal disparities contributions collected from the District will be in 2000 payable from the 1999 tax levy. 5. The 1997 local tax rate of 135.784% and 1997 tax values were used to calculate the estimate of increment in this plan. 6. Annual tax increments in 2000 through 2008 generated as a result of formation of this District will be one source of funds used to finance the Project area activities. A portion of developer financed costs for property acquisition may be repaid through increment revenues pursuant to terms and conditions delineated in a development agreement between the develop- er and the City. 7. Increment revenues will be used to finance only capital and administrative costs resulting from the Project activities. All tax increment generated by the formation of this District will be used to finance the activities of the Plan. The projected tax increment revenues may not be adequate to reimburse the identified City costs. Full reimbursement will occur if additional increment revenues are generated within District No. 2-9 or through "pooling" of increment proceeds from other tax increment districts within Development District No.2. 8. Tax increments of approximately $63,495 relating to the development will be available to the City in 2000 through 2008. Additional increment revenues as a result of future expansions may be available for repayment to the City or developer to service Project costs. "Project Costs" means all expenditures of the City or reimbursement for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District, including interest thereon. Project costs also include all administrative expenses as defined in Minnesota Statutes, Section 469.174, Subdivision 14. In order to estimate the amount of the increment assistance the City and developer will receive as a result of the approval of District No. 2-9 the estimated present value of the net tax increment has been calculated. The first increment would be available to the City in 2000 and would continue through 2008. 9. In the event that the proposed facility generates tax increment revenues beyond the estimates necessary to finance reimbursement of City costs, the developer will be entitled to receive "pay- as-you-go" reimbursement for the initial land acquisition payments. The maximum amount of assistance will be limited to $100,000 of the initial cash payment made by the developer for land acquisition. 8 TABLE 1: TAX INCREMENf CALCULATIONS Local Tax Rate = 135.784% (Prior Lake, Payable 1998) ESTIMAu~.j) COMPL~uONMARKET VALUE: $1,832,000 CLASSIFICATION: INDUSTRIAL (assume completion prior to 12-31-98) (1) (2) (3) (4) (5) (6) Year Project Original Fiscal Estimated Estimated Tax Tax Tax Disparities Captured Annual Pavable Caoacitv Caoacitv 32.21 % Tax Caoacitv Increment 1998 200 (200) 0 0 0 1999 200 (200) 0 0 0 2000 69,180 (200) (22,218) 46,762 63,495 2001 69,180 (200) (22,218) 46,762 63,495 2002 69,180 (200) (22,218) 46,762 63,495 2003 69,180 (200) (22,218) 46,762 63,495 2004 69,180 (200) (22,218) 46,762 63,495 2005 69,180 (200) (22,218) 46,762 63,495 2006 69,180 (200) (22,218) 46,762 63,495 2007 69,180 (200) (22,218) 46,762 63,495 2008 69,180 (200) (22,218) 46,762 63.495 TOTAL $571,455 PRESENf VALUE DISCOUNTED AT 7% $362,167 LIMITATION ON USE OF TAX INCREMENf; GENERAL RULE Pursuant to Minnesota Statutes, Section 469.176, Subd. 4, "All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used solely for the following purposes: (1) to pay the principal and interest on bonds issued to finance a project; (2) by a rural development financing authority for the purposes stated in Minnesota Statutes, Section 469.142, by a port authority or municipality exercising the powers of a port authority to finance or otherwise pay the cost of redevelopment pursuant to Minnesota Statutes, Sections 469.048 to 469.068, by an economic development authority to finance or otherwise pay the cost of redevelopment pursuant to Minnesota Statutes, Sections 469.090 to 469.108, by a housing and redevelopment authority or economic development authority to finance or otherwise pay public redevelopment costs pursuant to Minnesota Statutes, Sections 469.001 to 469.047, by a municipality or economic development authority to finance or otherwise pay the capital and administration costs of a development district pursuant to Minnesota Statutes, Sections 469.124 to 469.134, by a municipality or authority to finance or otherwise pay the costs of developing and implementing a development action response plan, by a municipality or redevelopment agency to finance or otherwise pay premiums for insurance or other security guarantee- ing the payment when due of principal of and interest on the bonds pursuant to Minnesota Statutes, Sections 462C, Sections 469.152 to 469.165, or both, or to accumulate and maintain a reserve securing the payment when due of the principal of and interest on the bonds pursuant to Chapters 462C, Sections 469.152 to 469.165, or both, which revenues in the reserve shall not exceed, subsequent to the fifth anniversary of the date of issue of the first bond issue secured by the reserve, an amount equal to 20 percent of the aggregate principal amount of the outstanding and nondefeased bonds secured by the 9 reserve. Additionally, there is a limitation of 20% on the amount of tax increment that may be expended outside of the tax increment district and within the Project area. EXCESS TAX INCREMENTS Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, "(a) In any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment financing plan, including the amount necessary to cancel any tax levy as provided in Section 475.61, Subd. 3, the authority shall use the excess amount to do any of the following: (1) prepay any outstanding bonds, (2) discharge the pledge of tax increment therefore, (3) pay into an escrow account dedicated to the payment of such bonds, or (4) return the excess amount to the county auditor who shall distribute the excess amount to the municipality, county and school district in which the tax increment financing district is located in direct proportion to their respective tax capacity tax extension rates. The county auditor must report to the commissioner of education the amount of any excess tax increment distributed to a school district within 30 days of the distribution. (b) The amounts distributed to a City or county must be deducted from the levy limits of the governmental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government aid payment. DURATION OF TAX INCREMENT FINANCING DISTRICTS The City estimates that the District shall endure for as long as it is permitted to by law. If no new development activities were to occur, the City estimates that tax increments would be sufficient to pay all indebtedness initially undertaken and to pay all initial and administration costs of the District by 2008. LIMITATION OF ADMINISTRATIVE EXPENSES Pursuant to Minnesota Statutes, Section 469.176, Subd. 3, "(a)....no tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less." ESTIMATED TOTAL CAPTURED TAX CAPACITY; Rhl.l::.NTION The City estimates that the District's total tax capacity net of fiscal disparities at completion of the initial activities will be 46,962; the original tax capacity estimate is 200 and the estimated captured tax capacity will be 46,762 in 2000. Pursuant to Minnesota Statutes, Section 469.177, Subd. 2, the Authority may retain the full captured tax capacity to pay expenditures noted in the Plan or subsequent Plan modifications. TAXINCREMENTACCOUNT Pursuant to Minnesota Statutes, Section 469.177, Subd. 5, "the tax increment received with respect to any district shall be segregated by the authority in a special account or accounts on its official books and records or as otherwise established by resolution of the authority to be held by a trustee for the benefit of holders of the bonds." 10 ANNUAL DISCLOSURE AND FINANCIAL REPORTING Minnesota Statutes, Section 469.175, Subd. 5, requires "For all tax increment financing districts, whether created prior or subsequent to August 1, 1979, on or before July 1 of each year, the authority shall submit to the county board, the school board, the commissioner of revenue and, if the authority is other than the municipality, the governing body of the municipality a report of the status of the district. The report shall include the following information: the amount and the source of revenue in the account, the amount and purpose of expenditures from the account, the amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness, the original tax capacity of the district, the captured tax capacity retained by the authority, the captured tax capacity shared with other taxing districts, the tax increment received, and any additional information necessary to demonstrate compliance with any applicable tax increment financing plan. An annual statement showing the tax increment received and expended in that year, the original tax capacity, captured tax capacity, amount of outstanding bonded indebtedness, and any additional information the authority deems necessary shall be published in a newspaper of general circulation in the municipality." Minnesota Statutes, Section 469.175, Subd. 6, requires: "(a) The state auditor shall develop a uniform system of accounting and financial reporting for tax increment financing districts. The system of accounting and financial reporting shall, as nearly as possible: (1) provide for full disclosure of the sources and uses of public funds in the district; (2) permit comparison and reconciliation with the affected local government's accounts and financial reports; (3) permit auditing of the funds expended on behalf of a district, including a single district that is part of a multidistrict project or that is funded in part of whole through the use of a development account funded with tax increments from other districts or with other public money; (4) be consistent with generally accepted accounting principles. (b) The authority must annually submit to the state auditor, on or before July 1, a financial report in compliance with paragraph (a). Copies of the report must also be provided to the county and school district boards and to the governing body of the municipality, if the authority is not the municipality. To the extent necessary to permit compliance with the requirement of financial reporting, the county and any other appropriate local government unit or private entity must provide the necessary records or information to the authority or the state auditor as provided by the system of accounting and financial reporting developed pursuant to paragraph (a). (c) The annual financial report must also include the following items: (1) the original tax capacity of the district; (2) the captured tax capacity of the district, including the amount of any captured tax capacity shared with other taxing districts; (3) the outstanding principal amount of bonds issued or other loans incurred to finance project costs in the district; (4) for the reporting period and for the duration of the district, the amount budgeted under the tax increment financing plan, and the actual amount expended for, at least, the following categories: (i) acquisition of land and buildings through condemnation or purchase; (ii) site improvements or preparation costs; (iv) installation of public utilities or other public improvements; (Hi) administrative costs, including the allocated cost of the authority; (5) for properties sold to developers, the total cost of the property to the authority and the price paid by the developer; (6) the amount of tax exempt obligations, other than those reported under clause (3), 11 that were issued on behalf of private entities for facilities located in the district. (d) The reporting requirements imposed by this subdivision are in lieu of the annual disclosure required by subdivision 5." IMPACT OF THE USE OF TAX INCREMENT OF TAXING JURISDICTIONS Minnesota Statutes, Section 469.175, Subd. 1(6), requires "statements of the authority's alternate estimates of the impact of tax increment financing on the tax capacity of all taxing jurisdictions in which the tax increment financing district is located in whole or in part. For purposes of one statement, the authority shall assume that the estimated captured tax capacity would be available to the taxing jurisdictions without creation of the district, and for purposes of the second statement, the authority shall assume that none of the estimated captured tax capacity would be available to the taxing jurisdictions without creation of the district;" Table 2 on page 13 depicts the impact of tax increment financing on the tax capacity of the affected taxing jurisdictions assuming (1) none of the increment would be available, and (2) the increment would be available to the tax jurisdictions. 12 ESTIMATE OF FISCAL AND ECONOMIC IMPLICATIONS OF PROPOSED TAX INCREMENT Obi KICf NO. 2-9 PRIOR LAKE, MN Project Description: Two 25,000 SF production facilities in WAlERFRONT PASSAGE BUSINESS PARK. The following is an estimate of the fiscal and economic impact of Ihe proposed project. Type or Tax Increment Dislrict: Economic Development Maximum Length of District: 9 years from the date of receipt of the first tax increment or December IS, 2008 Value of Project Upon Completion: $1,832,000 (estimated, Phase I & II) Year Estimated School's Loss of County's Loss Property City's Loss of Annual Property Taxes Due to Taxes Due to TIF Property Taxes Tax Increment TIF Due to TIF $ 0 $ 0 $ 0 $ 0 0 0 0 0 63,495 27,815 19,233 15,222 $571,455 $250,334 $173,100 $136,994 ..... w 1998 1999 2000-2008 TOTAL Assumptions: 1. The 1997 local tax rates of 41.132% (county), 32.552% (City), 59.482% (school district) and 135.784% (total) are used to estimate the increment. 2. The district is intended to cease on December 15, 2008. 3. For purposes of preparing this estimate local tax rates remain constant regardless if the district is or is not created. The above information represents an estimate of tax revenue each jurisdiction could expect to receive if the development occurred without tax increment assistance. However, it has been delermined that this project will not proceed unless it receives its anticipated funding package part of which is tax increment assistance. ~ }.j "1 NOTICES, RESOLUTIONS, TRANSMIITALS AND CERTIFICATIONS 1. NOTICE OF A PUBLIC HEARING - INCLUDING LOCATION MAP 2. Arl"'lvAVITOF PUBLICATION 3. TRANSWIIAL TO INDEPENDENT SCHOOL DISTRICT NO. 719 4. TRANSMIIIAL TO SCOTT COUNTY BOARD OF COMMISSIONERS 5. RESOLUTION OF THE CITY COUNCIL Arr.KOVING AND ADOr uNG TAX INCRE- MENT FINANCING DISTRICT NO. 2-9 6. CERTIFICATION OF ORIGINAL TAX CAPACITY AND ORIGINAL LOCAL TAX RATE FOR TAX INCREMENT FINANCING DISTRICT NO. 2-9 NOTICE OF PUBLIC HEARING ON MODIFICATION OF TAX INCREMENT FINANCING DISTRICTS NOS. 2-1 AND 2-6 AND FORMATION OF TAX INCREMENT FINANCING DI::H.K.ICT NO. 2-9 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Prior Lake, Minnesota, will meet at Fire Station No.1, at 16776 Fish Point Road in Prior Lake, Minnesota, at 7:00 p.m. on Monday, January 5, 1998, to consider the modification of Tax Increment Financing Districts Nos. 2-1 and 2-6 and formation of Tax Increment Financing District No. 2-9. Such persons as desire to be heard with reference to the above proposal will be heard at this meeting. Tax Increment Financing District No. 2-1 Modification is described as follows: Lot 2, Block 2, WaterFront Passage Addition AND That part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as follows: Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North 00 degrees 10 minutes 44 seconds East along the east live of said Lot 2, a distance of 228.00 feet to the northeast corner of said Lot 2; thence South 89 degrees 49 minutes 16 seconds East along the easterly extension of the north line of said Lot 2, a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a distance of 228.00 feet to the intersection with the south line of said Lot 1; thence North 89 degrees 49 minutes 16 seconds West along the said south line, a distance of 100.52 feet to the point of beginning. Tax Increment Financing District No. 2-6 Modification is described as follows: That part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as follows: Commencing at the most easterly corner of said Lot 1; thence North 62 degrees 51 minutes 58 seconds West along the northerly line of said Lot 1, a distance of 131.44 feet; thence northwesterly continuing along said northerly line a distance of 79.85 feet on a tangential curve concave to the northeast, having a radius of 530.00 feet and a central angle of 08 degrees 37 minutes 54 seconds; thence North 54 degrees 14 minutes 04 seconds West continuing along said northerly line and tangent to said curve a distance of 593.15 feet;thence South 61 degrees 45 minutes 56 seconds West a distance of 106.00 feet; thence South 33 degrees 45 minutes 56 seconds West a distance of 33.69 feet to the point of beginning of the land to be described; thence continuing South 33 degrees 45 minutes 56 seconds West a distance of 36.31 feet; thence South 14 degrees 15 minutes 56 seconds West a distance of 75.00 feet; thence South 48 degrees 45 minutes 56 seconds West a distance of 87.00 feet; thence South 75 degrees 45 minutes 56 seconds West a distance of 185.99 feet to the intersection with the west line of said Lot 1; thence northwesterly along said west line, to the intersection with a line bearing North 89 degrees 25 minutes 19 seconds West from the point of beginning; thence South 89 degrees 25 minutes 19 seconds East a distance of 361.36 feet to the point of beginning. Tax Increment Financing District No. 2-9 is described as follows: WATERFRONT PASSAGE ADDITION, Preliminary Plat, Lot 6 and 7, Block 2, comprising approximately 4.5 acres, Prior Lake, Minnesota. Upon completion of a land survey an exact description will be recorded. The map accompanying this notice shows the location of the proposed Districts. A copy of the proposed Tax Increment Plan is on file in the office of the City Clerk and is available for public examination. Written or oral statements will be considered. Dated: This 15th day of December, 1997. BY ORDER OF THE PRIOR LAKE CITY COUNCIL By Frank Boyles City Manager December 16, 1997 Scott County Board of Commissioners County Courthouse 428 Holmes St. Shakopee,~ 55379 Attn: Mr. Gary Cunningham County Administrator Dear Mr. Cunningham: You are invited to a public hearing of the Prior Lake City Council on Monday, December 15, 1997, at 7:00 p.m. at the Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road). This hearing was originally to be conducted on December 15, 1997, but has been rescheduled. The purpose of this meeting is to discuss the modifica- tion of Tax Increment Financing Districts Nos. 2-1 and 2-6 and establishment of Tax Increment Financing District No. 2-9, within Waterfront Passage Business Park. The proposed action will enable the city to provide tax increment financing in the expansion of two existing businesses and development of a production/warehouse facility by a real estate developer. Since the proposed plan involves the taxable base of your jurisdiction, representation at the meeting would be appreciated. Attached to this letter is a copy of the estimated fiscal and economic impacts for each of the Districts. A copy of the proposed tax increment financing plans will be forwarded in the near future. This proposed action is consistent with the development strategy that wa s outlined and presented to ISD #719 in March, 1993. At that time the Board authorized the City Co uncil to proceed with the use of tax increment financing in support of projects within Waterfront Pass age Business Park. If you have any questions regarding the above information, please contact me. Sincerely, Donald Rye Planning Director 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQl'AL OPPORTl'!\ITY EMPLOYER December 16, 1997 Prior Lake ISD No. 719 P.o. Box 539 Prior Lake, MN 55372 Attn: Dr. Les Sonnabend Dear Dr. Sonnabend: You are invited to a public hearing of the Prior Lake City Council on Monday, December 15, 1997, at 7:00 p.m. at the Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road). This hearing was originally to be conducted on December 15, 1997, but has been rescheduled. The purpose of this meeting is to discuss the modifica- tion of Tax Increment Financing Districts Nos. 2-1 and 2-6 and establishment of Tax Increment Financing District No. 2-9, within Waterfront Passage Business Park. The proposed action will enable the city to provide tax increment financing in the expansion of two existing businesses and development of a production/warehouse facility by a real estate developer. Since the proposed plan involves the taxable base of your jurisdiction, representation at the meeting would be appreciated. Attached to this letter is a copy of the estimated fiscal and economic impacts for each of the Districts. A copy of the proposed tax increment financing plans will be forwarded in the near future. This proposed action is consistent with the development strategy that wa s outlined and presented to ISD #719 in March, 1993. At that time the Board authorized the City Co uncil to proceed with the use of tax increment financing in support of projects within Waterfront Pass age Business Park. If you have any questions regarding the above information, please contact me. Sincerely, Donald Rye Planning Director 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 97- MOTION BY: SECONDED BY: A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF PRIOR LAKE APPROVING TAX INCREMENT FINANCING DISTRICfNO. 2-9 AND TIlE USE OF TAX INCREMENT FINANCING WHEREAS, the City Council of the City of Prior Lake, Minnesota (the "City"), has previously approved Development District No.2 (the "Development District") and in connection therewith adopted a development program; and WHEREAS, it is desirable and in the public interest that the City undertake and carry out a tax increment finance plan for Tax Increment Financing District No. 2-9 pursuant to Chapter 469 of Minnesota Statutes, encompassing the area which is more particularly described on Exhibit A attached hereto and made a part hereof, (which area is herein called the "District"); and WHEREAS, the City Council has reviewed "Tax Increment Financing District No. 2-9, dated January 5, 1998" (the "Plan Booklet"), which sets forth a tax increment financing plan for the District; and WHEREAS, the Plan Booklet sets forth the City's estimate of the fiscal and economic impact of the District on the tax capacities of all taxing jurisdictions in which the District is located; and WHEREAS, the Board of Commissioners of Scott County, Minnesota, has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the School Board of Independent School District No. 719 has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the City has received and considered the comments of the Board of Commissioners of Scott County and the School Board of the Independent School District No. 719 respecting the contents of the Plan Booklet; and WHEREAS, the City on January 5, 1998, after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan Booklet and received public comments on the same. NOW, TIlEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. The City finds and determines that there is a need for the activities of Development District No. 2 to be financed in part by the tax increments from the District. 2. The City finds and determines that the activities to be financed by the tax increments from the District will carry out the objectives of Development District No. 2 by encouraging industrial development, providing job opportunities and enhancing the tax base. 3. The City finds and determines that the provision for job opportunities and the preservation and enhancement of the tax base are in the public interest of the City and the expenditures of the District are a public purpose. 4. The City finds and determines that the tax increment financing plan as set forth in the Plan Booklet having been duly reviewed and considered is hereby approved and adopted, and the area described in Exhibit A hereto is hereby designated as an Economic Development District pursuant to Minnesota Statutes, Sections 469.174, Subd. 12. 5. The City finds and determines that the District is an Economic Development District because it will result in increased employment in the City, and that it will result in preservation and enhancement of the tax base of the City. 6. The City finds and determines that the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. 7. The City finds and determines that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. 8. The City finds and determines that the tax increment financing plan set forth in the Plan Booklet conforms to the general plan for the development of the City as a whole. 9. The reasons and supporting facts for findings 5, 6, 7 and 8 as set forth on pages 2, 3 and 4 of the Plan Booklet are by this reference confirmed, approved and adopted. 10. The City has calculated a fiscal disparities contribution pursuant to Minnesota Statutes, Section 469.177 Subdivision 3, as amended. 11. Pursuant to the 1996 Omnibus Tax Bill, Article 5, Section 6, the City requests an exemption from a LGAlHACA penalty because a contribution of unrestricted funds in excess of 10% of the tax increment to be generated will be made in support of the project. 12. The City Clerk shall request the auditor of Scott County to certify the original tax capacity and original local tax rate of the District approved by this resolution. 13. The City Clerk is hereby directed to file a copy of this resolution with a copy of the Plan Booklet to the Minnesota Department of Revenue. 14. The City hereby states its intention to use all of the captured tax capacity for purposes of tax increment financing as per the conditions set forth in the Plan Booklet. Passed and adopted this 5th day of January, 1998. YES NO Mader Peterson Kedrowski Schenck Mader Peterson Kedrowski Schenck Frank Boyles City Manager City of Prior Lake (Seal) EXHIBIT A TO CITY COUNCIL RESOLUTION APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-9 Tax Increment Financing District No. 2-9 includes the following property: An approximate 4.5 acre parcel identified as Lots 6 & 7, Preliminary Plat, WaterFront Passage Addition, Scott County, Prior Lake, Minnesota. An exact legal description will be recorded upon completion of a survey. Parcel #25-296-002-3 (to be assigned) COUNTY OF SCOTI ) CERTIFICATION AS TO ORIGINAL NET TAX CAPACITY AND ) ORIGINAL LOCAL TAX RATE WITIIIN TAX INCREMENT ) FINANCING DISTRICT NO. 2-9 IN mE CITY OF ) PRIOR LAKE, MINNESOTA STATE OF MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Scott County, Minnesota, do hereby certify to the City of Prior Lake in said County, pursuant to the provisions of Minnesota Statutes, Section 469.177, Subd. 1, that the original net tax capacity of all taxable property within the tax increment district designated as Tax Increment Financing District No. 2-9 (the "District") of said City, as described in the tax increment financing plan for the area approved by City Council resolution dated January 5, 1998 is 200. I also certify that such original net tax capacity is composed of the net tax capacity of each parcel of taxable property within the District as determined by the assessment thereof in 1997, this being the net tax capacity most recently determined before the date when this certification was requested. I will also, in accordance with the provisions of Minnesota Statutes, Section 469.177, Subd. 1, add to the original net tax capacity of the District, an amount equal to the original net tax capacity for the preceding year multiplied by the average percentage increases in the market value of all property included in the District during the five years prior to certification of the District. The market value of all property in the District for the five years prior to certification of the District is as follows: Assessment Year Tax Year Market Value Percent Chanl!e January 2, 1992 1993 7,425 0% January 2, 1993 1994 7,425 0% January 2, 1994 1995 7,425 0% January 2, 1995 1996 7,425 0% January 2, 1996 1997 7,425 0% The average percentage increase in the tax capacity of all property in the District during the five years prior to its certification is 0%. I also certify that attached to and made part of this certificate is a full, true, and complete list of all taxable parcels of real property within the District and of the original net tax capacity determined for each parcel and included in the aggregate amount stated above. I also certify pursuant to the provision of Minnesota Statutes, Section 469.177, Subd. la that the "local tax rate" that applies to the District is 135.784% WITNESS my hand and seal this _ day of ,1998. Thomas Hennen Scott County Auditor ATTACHMENT "A" TO THE CERTIFICATE AS TO ORIGINAL NET TAX CAPACITY AND ORIGINAL LOCAL TAX RATE WITHIN TAX INCREMENT FINANCING DISTRICT NO. 2-9 IN THE CITY OF PRIOR LAKE, MINNESOTA List of All Taxable Parcels Within the District Original Net Tax Capacity as Certified bv State Parcel # 25-296-002-30 (to be assigned) 200 200 Total Net Tax Capacity Upon recording of the parcel it is anticipated that the parcel number will be assigned.