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ITEM 5.1 Resolution 2016-40q 0t- OF� o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Lori Johnson, City Administrator April 11, 2016 PRESENTER(s): REVIEWED BY: ITEM #: Lori Johnson, City Administrator Andy MacArthur, City Attorney 5.1 AGENDA ITEM DETAILS RECOMMENDATION: Recommend holding a public hearing on the proposed amendment to Tax Increment Financing (TIF) district for P & F Properties/ P & F Machining., Inc. development on Outlot A Great River Centre of Otsego 3 and the adoption of resolution 2016-40 that adopts a modification to the Tax Increment Financing Plan for TIF District 1. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No — Development Agreement to follow at a future Yes meeting. BACKGROUND/JUSTIFICATION: On February 22, 2016, the City Council approved a resolution adopting a Development Program for Development District No. 1, establishing TIF District No. 1— Great River Centre, and adopting a TIF Plan. The TIF District is established for the development of a 54,400 square foot manufacturing facility for P & F Machining, Inc. The development will immediately bring 40 jobs to Otsego with the possibility of 17 additional jobs in the future; the average annual pay is approximately $60,000 according to P & F Machining, Inc. Subsequent to adoption of the TIF District and Financing Plan, additional site improvement costs were identified requiring the modification of the TIF Financing Plan. Without modification of the Financing Plan to increase the budget available for site improvements, this project would not be constructed. The additional site improvement costs to make this a buildable site are approximately $245,000 of which up to $232,382 may be reimbursed through TIF based on the current building value estimate and actual documented costs upon project completion. Independent School District 728 and Wright County received notification of the proposed TIF amendment. Both entities waived the 30-day notification requirement and made no comment on the proposed amendment. Adoption of the TIF Development Agreement and Developer's Agreement will be placed on a future agenda for approval; thus, the only action at this meeting is to hold the public hearing and adopt the attached resolution. SUPPORTING DOCUMENTS: Xo ATTACHED ❑ NONE 1. Modification to the Tax Increment Financing Plan for the Tax Increment Financing District No. 1— Great River Centre within Development District 1 2. Resolution 2016-40 a Resolution adopting a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1- Great River Centre. POSSIRLE MOTION Please word motion as you would like it to appear in the minutes. • Motion to approve Resolution 2016-40 a Resolution adopting a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1- Great River Centre. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES Pay as you go Tax increment ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: As of April 4, 2016 Draft for Public Hearing Modification to the Tax Increment Financing Plan ICI T Tax Increment Financing District No. 1 - Great River Centre (an economic development district) within Development District No. 1 City of Otsego Wright County State of Minnesota Adopted: February 22, 2016 Modification #1 Public Hearing: April 11, 2016 0 EHLERS Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com Table of Contents (for reference purposes only) Section 2 -Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre ................... 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 and First Year of Tax Increment 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/Bonds to be Issued ...................... 2-4 Subsection 2-10. Uses of Funds ........................................... 2-6 Subsection 2-11. Business Subsidies ....................................... 2-7 Subsection 2-12. County Road Costs ....................................... 2-8 Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions ................. 2-8 Subsection 2-14. Supporting Documentation ................................ 2-10 Subsection 2-15. Definition of Tax Increment Revenues ....................... 2-10 Subsection 2-16. Modifications to the District ................................ 2-10 Subsection 2-17. Administrative Expenses .................................. 2-11 Subsection 2-18. Limitation of Increment ................................... 2-12 Subsection 2-19. Use of Tax Increment .................................... 2-12 Subsection 2-20. Excess Increments ...................................... 2-13 Subsection 2-21. Requirements for Agreements with the Developer .............. 2-13 Subsection 2-22. Assessment Agreements ................................. 2-14 Subsection 2-23. Administration of the District ............................... 2-14 Subsection 2-24. Annual Disclosure Requirements ........................... 2-14 Subsection 2-25. Reasonable Expectations ................................. 2-14 Subsection 2-26. Other Limitations on the Use of Tax Increment ................. 2-15 Subsection 2-27. Summary .............................................. 2-15 Appendix A Project Description...................................................... A-1 Appendix B Map of Development District No. 1 and the District ............................. B-1 Appendix C Description of Property to be Included in the District ............................ C-1 Appendix D Estimated Cash Flow for the District ........................................ D-1 Appendix E Minnesota Business Assistance Form ....................................... E-1 Appendix F Findings Including But/For Qualifications ..................................... F-1 Section 1 - Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre Subsection 1-1. Foreword The City of Otsego (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 1 - Great River Centre (the "District"), an economic development tax increment financing district, located in Development District No. 1. Subsection 1-2. Statutory Authority Within the City, there exist 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 ("M.S.'), Sections 469.124 to 469.133, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Development Program for Development District No. 1. Subsection 1-3. Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights -of -way. The District is being created to facilitate construction of a 54,400 square foot manufacturing facility. Please see Appendix A for further District information. The City has designated P & F Properties, Inc. as the developer and development is likely to begin in 2016. This TIF Plan is expected to achieve many of the objectives outlined in the Development Program for Development District No. 1. 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. 1 and the District. (AS MODIFIED APRIL 11, 2016) The TIF Plan is being modified (the "TIF Plan Modification") in order to increase the budget in light of revised project costs. Subsection 1-4. Development Program Overview 1. Property to be Acquired - Portions ofthe property located within the District may be retained by the City or may be acquired by the City in the future. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a 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, City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-1 relocation, demolition, and required utilities and public street work within the District. 5. The City proposes both public and private infrastructure within the District. The proposed reuse of private property within the District will be for a manufacturing facility, and there will be continued operation of Development District No. 1 after the capital improvements within Development District No. 1 have been completed. Subsection 1-5. 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 parcels listed in Appendix C ofthis TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The City currently owns the property to be included in the District. Subsection 1-6. Classification of the District The City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1794, as amended, inclusive, finds that the District, to be established, is an economic development district pursuant to M.S., Section 469.174, Subd. 12 as defined 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 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. The District is in the public interest because it will meet the statutory requirement from clause 1, 2, and 3. Pursuant to M.S., 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 form 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; or (5) Tourism facilities; (6) Space necessary for and related to the activities listed in items (1) to (5) In meeting the statutory criteria the City relies on the following facts and findings: The facilities in the District meet the conditions of Purposes 1, 2, and 6. The District is being created to assist in the construction of a manufacturing facility for P & F Machining, City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-2 Inc. The proposed facility will be used for manufacturing precision parts and related activities. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions ofM.S., Sections 273.111, 273.112, or 273.114 or Chapter 473Hfor taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 1-7. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and M.S., Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1 b., the duration of the District will be 8 years after receipt of the first increment by the City. The date of receipt by the City of the first tax increment is expected to be 2018. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2026, or when the TIF Plan is satisfied. If increment is received in 2019, the term of the District will be 2027. The City reserves the right to decertify the District prior to the legally required date. Subsection 1-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 andM.S., Section 469.177, Subd. ],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 2016 for taxes payable 2017. Pursuant to M.S., Section 469.177, Subds. I and 2, the County Auditor shall certify in each year (beginning in the payment year 2018) 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 2017, assuming the request for certification is made before June 30, 2017. The ONTC and the Original Local Tax Rate for the District assuming Pay 2016 figures appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 1, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The City requests 100 percent of the available increase in tax capacity for repayment ofits obligations and current expenditures, beginning in the tax year payable 2018. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-3 Project Estimated Tax Capacity upon Completion (PTC) $84,510 Original Estimated Net Tax Capacity (ONTC) $2,588 Estimated Captured Tax Capacity (CTC) $81,922 Original Local Tax Rate 1.17068 Pay 2016 Estimated Annual Tax Increment (CTC x Local Tax Rate) $95,904 Percent Retained by the City 100% Pursuant to M.S., 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 M.S., 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 to M.S., 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 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 1-9. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by a pay-as-you-go note. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. 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 total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $610,000 Interest $61,000 TOTAL $671,000 The City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $524,000. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-4 (AS MODIFIED APRIL 11, 201 b) The total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $860,033 Interest $86,003 TOTAL $946,036 The City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $806,998. Such bonds may be in the form of pay- as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 1-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of a 54,400 square foot manufacturing facility. The City has determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described. 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: USES OF TAX INCREMENT FUNDS TOTAL Site Improvements/Preparation $463,000 Administrative Costs (up to 10%) $61,000 PROJECT COST TOTAL $524,000 Interest 147 000 PROJECT AND INTEREST COSTS TOTAL $671,000 The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in Subsection 1-9. Estimated capital and administrative costs listed above are subject to change among categories by modification of the TIF Plan without hearings and notices as required for approval of the initial TIF Plan, so long as the total capital and administrative costs combined do not exceed the total listed above. Further, the City may spend up to 20 percent of the tax increments from the District for activities (described in the table above) located outside the boundaries of the District but within the boundaries of the Project (including administrative costs, which are considered to be spend outside the District), subject to all other terms and conditions of this TIF Plan. City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-5 (AS MODIFIED APRIL 11, 2016) 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: USES OF TAX INCREMENT FUNDS TOTAL Site Improvements/Preparation $720,995 Administrative Costs (up to 10%) $86,003 PROJECT COST TOTAL $806,998 Interest $139,038 PROJECT AND INTEREST COSTS TOTAL $946,036 The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in Subsection 1-9. Subsection 1-11. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $150,000; (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 defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined inMS., Section 116J. 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 financing 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; (I1) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (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 financing soils condition district as defined under M.S., Section City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-6 469.174, 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 $150,000 or less; (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and (23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. The City will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 1-12. County Road Costs Pursuant to MS., Section 469.175, Subd. ]a, 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 judgment 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. In the opinion of the City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The City is aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 1-13. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes 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 financing 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: City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-7 IMPACT ON TAX BASE Estimated Estimated Captured 2015/Pay 2016 Tax Capacity (CTC) Percent of CTC Total Net Upon Completion to Entily Total Tax Capacity Wright County 130,336,497 81,922 0.0629% City of Otsego 11,358,615 81,922 0.7212% ISD No. 728 45,124,595 81,922 0.1815% IMPACT ON TAX RATES Estimated Pay 2016 Percent Potential Extension Rates of Total CTC Taxes Wright County 0,399450 34.12% 81,922 32,724 City of Otsego 0.378900 32.37% 81,922 31,040 ISD No. 728 0.392330 33.51% 81,922 32,140 Other 0.000000 0.00% 81,922 0 Total 1.170680 100.00% 95,904 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the estimated Pay 2016 rate. The total net capacity for the entities listed above are based on estimated Pay 2016 figures. The District will be certified under the actual Pay 2017 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $610,000; (2) Probable impact of the District on city provided services and ability to issue debt. An impact of the District on police protection is not expected. The City currently contracts with the Wright County Sheriff's Office for police services. The Wright County Sheriff s Office does track all calls for service including property -type calls and crimes. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment or require that the City expand its contract with Wright County. The probable impact ofthe District on fire protection is not expected to be significant. Typically new buildings generate few calls, if any, and are of superior construction. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The City will be extending the water and sewer line, constructing a new road, and incurring additional storm sewer costs. Fifty percent of the improvement costs will be funded by a Department of Employment and Economic Development Grant, with the remainder being assessed to the property owners. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-8 plowing, lighting and sidewalks. However, lighting operating costs are yet to be determined. The development in the District is expected to contribute an estimated $83,054 in availability charges. The City also expects to collect additional connection fees for the development at the time of permitting. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $204,429; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $208,139; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. (AS MODIFIED APRIL 11, 2016) (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $860,033; (2) Probable impact of the District on city provided services and ability to issue debt. The fiscal impacts of the District remain the same as when the District was established. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $288,197; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $293,443; (5) Additional information requested by the county or school district. The City has provided the TIF Plan Modification to the County and School District pursuant to M.S. Section 469.175 Subd. 2 in order to waive the thirty -day fiscal impact comment period. The County and School District have agreed to waive the notification requirement and have provided comments on the TIF Plan Modification which are on file in the office of the City Administrator. City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-9 Subsection 1-14. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. I (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b) (2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the City's findings: • Wright County Resolution #15-43 and supporting minutes: City of Otsego acquisition of tax forfeit property. • P&F Machining Request for Development Assistance Form • DEED Infrastructure Grant Application. Subsection 1-15. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing 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 M.S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the authority with tax increments; 3. Principal and interest received on loans or other advances made by the authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 1-16. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements ofM.S., 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; 4. Increase in the portion of the captured net tax capacity to be retained by the City; 5. Increase in the estimate ofthe cost ofthe District, 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 M.S., Section 469.175 Subd. 4()9, 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 M.S., 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 the District and (2) (A) the current net tax capacity of the City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-10 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, notwithstanding M.S., 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 to 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 1-17. Administrative Expenses In accordance with M.S., 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 District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance 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, and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., 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 defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined in M. S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., 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 and are not subject to the percentage limits of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., 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 Commissioner of Management and Budget for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing 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. City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-11 Subsection 1-18. Limitation of Increment 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 inthe 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 M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax incrementfinancingdistrictpttrsuanttoM.S., Section469.177, nodemolition, 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 increment financing district by the authority or by the owner ofthe parcel in accordance with the tax incrementfinancing plan, no additional tax increment may be taken from thatparcel, and the original net tax capacity of that parcel shall be excluded from 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 sitepreparation on thatparcel including qualified improvement of a street adjacent to thatparcel, in accordance with the tax incrementfinancingplan, 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 ofrevenue and add it to the original net tax capacity ofthe tax incrementfinancing district. The county auditor must enforce theprovisions ofthis 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 yearfollowing 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 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 February 2020 and report such actions to the County Auditor. Subsection 1-19. 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. 1 pursuant to M.S., Sections 469.124 to 469.133; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., 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. 1 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 M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-12 the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Wright 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 site improvements. Remaining increment funds will be used for City administration (up to 10 percent) and for the costs of public improvement activities outside the District. Subsection 1-20. Excess Increments Excess increments, as defined in M.S., 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. The City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Development District No. 1 or the District. Subsection 1-21. Requirements for Agreements with the Developer The City will review any proposal for private development to determine its conformance with the 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 ofthe development with City plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to M.S., 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 pursuant to M.S., 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 1-22. Assessment Agreements Pursuant to M.S., 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 City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-13 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. The City does expect to enter into an assessment agreement in connection with the District. Subsection 1-23. Administration of the District Administration of the District will be handled by the City Administrator. Subsection 1-24. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., 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 M.S., Section 469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 1-26. 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 thatthe increased market value ofthe 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 ofthe 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 proj ect site(s) within the District. 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. Such analysis is included with the cashflow in Appendix D and within Appendix F, 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 1-26. Other Limitations on the Use of Tax Increment General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the capital and administration costs of Development District No. 1 pursuant to M.S., 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 City of Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-14 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. 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 M.S., 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 in M.S., Section 469.1763, Subd. 5. Subsection 1-27. Summary The City of Otsego 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 Otsego Tax Increment Financing Plan for Tax Increment Financing District No. 1 - Great River Centre 1-15 Appendix A Project Description The City of Otsego acquired the parcels to be included in the TIF District in partnership with Wright County in 2015 in order to facilitate development of a manufacturing business to increase the City and County's tax base and bring jobs to the community. The 13.9 acre former tax forfeit site within the Great River Centre development has remained vacant since it was platted eight years ago with little prospect for development due to extraordinary site development costs to include: substantial grading to create buildable area and the need to extend water, sewer, storm sewer, and street improvements through the site to provide access for future industrial development. P & F Machining, Inc. is proposing to construct and occupy a 54,400 square foot manufacturing facility on the site with an estimated construction cost of $6.8 million. P & F Machining, Inc. is a precision manufacturer who offers high -quality custom machining for the aerospace, medical, agricultural, heavy equipment and medical trial industries. It will relocate its 40 full time equivalent employees to the facility with plans for additional employment and expansion onsite. Construction is expected to begin in early 2016 with planned occupancy in the Fall of 2016. Tax increment from this TIF district will be utilized to reimburse the developer for eligible site development costs incurred to bring the lot up to a buildable condition. Appendix A-1 Appendix B Map of Development District No. 1 and the District Appendix B-1 Tax Increment Financing District No. I - Great River Centre Development District No. I City of Otsego Wright County, Minnesota Otsego Albertville TIF District Inset Tax Increment Financing District No. 1 - Great River Centre N The boundaries of Development District No. I are coterminous with the corporate boundaries of the City of Otsego. 0 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. I Parcel Numbers I Address I Owner 118-266-000010* I Outlot A, Great River Centre of I City of Otsego Otsego 3 The property is being replatted to: Lot 1, Block 1 and Outlot A Great River Centre Fourth Addition. Lot 1 will be transferred to P & F Properties, Inc. Legal descriptions will be provided prior to the request for certification of the District. 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O O O O O u) u) u) N 4'1 u) u) (fl u) 0 0 0 0 0 0 0 0 0 O O O O O O O o O O O O O O O O O O Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/MBAFFortn.htm for information and forms. Appendix E-1 Appendix F Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing DistrictNo. 1 - Great River Centre as required pursuant to M.S., Section 469.175, Subd. 3 are as follows: 1. Finding that the Tax Increment Financing District No. I - Great River Centre is an economic development district as defined in M.S., Section 469.174, Subd. 12. Tax Increment Financing District No. 1 - Great River Centre is a contiguous geographic area within the City's Development District No. 1, delineated in the TIF 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 the construction of a 54,400 square foot manufacturing facility which will discourage commerce, industry, or manufacturing from moving their operations to another state; 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 reasonablyforeseeable 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 Tax Increment Financing District No. I - Great River Centre permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely throughprivate investment within the reasonablyforeseeablefuture: This finding is supported by the fact that the development proposed in this plan is a manufacturing facility that meets the City's objectives for economic development. The cost of site and public improvements makes development of the facility infeasible without City assistance. The developer was asked for and provided an application for development assistance and detailed project site cost estimates as justification that the developer would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax incrementfrnancingwould be less than the increase in marketvalue estimated to resultfrom theproposed development after subtracting the presentvalue ofthe projected tax increments for the maximum duration ofthe TIFDistrictpermitted by the TIFPlan: The City supported this finding on the grounds thatthe cost of land acquisition, site and public improvements and utilities add to the total development cost. Historically, extraordinary site development costs in this area have made development infeasible without tax increment assistance. This site is a tax forfeit property that has been marketed for at least 8 years since being platted without success. 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. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If the proposed development occurs, the total increase in market value will be $4,096,100. Appendix F-1 C. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $662,739. d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $3,433,361 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIFPlan for Tax Increment Financing District No. I -Great River Centre conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. I - Great River Centre will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. I by private enterprise. The proj ect 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. But -For Analysis Current Market Value 166,900 New Market Value - Estimate 4,263,000 Difference 4,096,100 Present Value of Tax Increment 662,739 Difference 3,433,361 Value Likely to Occur Without TIF is Less Than: 3,433,361 Appendix F-2 (AS MODIFIED APRIL 11, 2016) The Council hereby reaffirms the original findings for the TIF District, namely that when the TIF Districtwas established, the TIFDistrictwas established as an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12 of the Act. In addition, the City makes the following findings: (i) The proposed redevelopment described in the TIFPIan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The City reaffirms the original findings for the TIF District, namely that the proposed redevelopment within the TIF District would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. (ii) The increased market value of the site that could reasonable be expected to occur solely through private investment without the use of tax increment f nancing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected increments for the maximum duration of th e districtspermitted by the TIF Plan. The City reaffirms the original findings of the TIF Plan, namely that the development proposed is a manufacturing facility that meets the City's objectives for economic development and no development of a similar scope is anticipated on this site without substantially similar assistance being provided to the development. (iii) The Tax Increment Plan Modification conform to the general plan for the redevelopment of the City as a whole. The Tax Increment Plan Modification was not reviewed by the City's Planning Commission as no new development is proposed. The City reaffirms the original findings that the development in the TIF District conforms to the general plans for the redevelopment of the City as a whole. (iv) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the project by private enterprise. The TIF Plan Modification will allow for an increase in the budget in light of revised project costs. The City reaffirms the original findings that the TIF Plan has afforded maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the project by private enterprise. Overall, the projects to be assisted by the TIF 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. But -For Analysis Current Market Value 166,900 New Market Value - Estimate 4,263,000 Difference 4,096,100 Present Value of Tax Increment 708,096 Difference 3,3 88,004 Value Likely to Occur Without TIF is Less Than: 3,388,004 Appendix F-3 Council member CITY OF OTSEGO WRIGHT COUNTY STATE OF MINNESOTA introduced the following resolution and moved its adoption: RESOLUTION NO.2016-40 RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 — GREAT RIVER CENTRE. BE IT RESOLVED by the City Council (the "Council") of the City of Otsego, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The City Council of the City of Otsego has heretofore established Development District No. 1 (the "Development District") and adopted the Development Program therefor, and has also established within the Development District, Tax Increment Financing District No. 1— Great River Centre (the "TIF District") and approved a tax increment financing plan ("TIF Plan") for the TIF District. It has been proposed that the City adopt a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for the TIF District, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.133 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act") all as reflected in the TIF Plan Modification, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the TIF Plan Modification and has caused the TIF Plan Modification to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed TIF Plan Modification, including, but not limited to, notification of Wright County, Independent School District No. 728, having taxing jurisdiction over the property included in the TIF District, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Development District or the TIF District. Section 2. Findings for the TIF Plan Modification 2.01 The Council hereby reaffirms the original findings for the TIF District, namely that when the TIF District was established, the TIF District was established as an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12 of the Act. In addition, the City makes the following findings: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The City reaffirms the original findings for the TIF District, namely that the proposed redevelopment within the TIF District would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. (ii) The increased market value of the site that could reasonable be expected to occur solely through private investment 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 increments for the maximum duration of the districts permitted by the TIF Plan. The City reaffirms the original findings of the TIF Plan, namely that the development proposed is a manufacturing facility that meets the City's objectives for economic development and no development of a similar scope is anticipated on this site without substantially similar assistance being provided to the development. (iii) The Tax bcrement Plan Modification conform to the general plan for the redevelopment of the City as a whole. The Tax Increment Plan Modification was not reviewed by the City's Planning Commission as no new development is proposed. The City reaffirms the original findings that the development in the TIF District conforms to the general plans for the redevelopment of the City as a whole. (iv) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the project by private enterprise. The TIF Plan Modification will allow for an increase in the budget in light of revised project costs. The City reaffirms the original findings that the TIF Plan has afforded maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the project by private enterprise. 2.02. Overall, the projects to be assisted by the TIF 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. Section 3. Public Purpose 3.01. The adoption of the TIF Plan Modification conforms in all respects to the requirements of the Act and will help discourage commerce, industry, or manufacturing from moving their operations to another state or municipality, will result in increased employment in the state, and will result in preservation and enhancement of the tax base of the State and thereby serves a public purpose. The City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 4. Approval and Adoption of the TIF Plan Modification 4.01. The TIF Plan Modification is hereby approved, and shall be placed on file in the office of the City Administrator. Approval of the TIF Plan Modification does not constitute approval of any project or a development agreement with any developer. 4.02. City staff is authorized to file the TIF Plan Modification with the Commissioner of Revenue, the Office of the State Auditor and the Wright County Auditor. 4.03. City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: April 11, 2016 ATTEST: Jessica Stockamp, Mayor Tami Loff, City Cleric (Seal)