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CR 01-161 Public Hearing On Modification To Plan For Tax Increment Financing District 2-11 . . . C\IY OF )lf~ II?) November 2, 2001 - Council Report 2001-161 - t4 HOPKINS PUBLIC HEARING ON MODIFICATION TO PLAN FOR TAX INCREMENT FINANCING DISTRICT 2-11 Proposed Action Staff recommends the following: Public hearing on Resolution 2001-46. modifying the Tax Increment Financing Plan for Tax Increment Financing District 2-11. Staff is recommending that only public input be received at this meeting and that action be taken on December 4,2001. The HRA board will also need to approve this item at that meeting. Overview In 1998 the City of Hopkins approved creation of Tax Increment District 2-11. The location of this district is detailed in the plan. The modification was originally suggested by Ehlers & Associates to facilitate the Medica project proposed for the SUPERV ALU North Annex property. Even though the project is no longer proceeding, Ehlers is still recommending that the Tax Increment Financing Plan for this Tax Increment district be revised to address various issues. For the most part, these changes involve the following: . Redefine the project scope for the North Annex property . Increasing the TIF budget to allow for a level of the public assistance as previously discussed for the Medica project. . Deleting the SUPERV ALU perishable warehouse expansion site from the tax increment district, per previous action by the City Council A public hearing on this matter was originally scheduled for August 21,2001. There was action at that meeting to continue this item to September 4,2001, and then November 20,2001. The Z & P Commission will review this modification at their November meeting to ensure that it is consistent with the City's development plans (Comprehensive Plan). Sid Inman of Ehlers will be present at the meeting. Primary Issue To Consider What is the impact of this modification? Supportin2 Documents . Tax Increment District 2-11 Financing Plan modification . Ehlers & Associates, overview of modification to TIF plan for TIF District 2-11 . Resolution CR2001-46 . Letter from Hennepin County, dated August 13,2001 Ji::d94- Planning & Economic Development Director Financial Impact: $ 0 N/ A _ Budgeted: Y IN _ Source: Related Documents (CIP, ERP, etc.): Notes: Council Report 2001-16l!tovember 2,2001 - Page 2 . Primary Issue To Consider What is the impact of this modification? This modification will allow the City the ability to provide an increased level of tax increment assistance to facilitate redevelopment of the SUPERV ALU North Annex property. Even with approval of the modification, however, the amount of assistance would need to be based on an analysis of what is reasonable and appropriate. Alternatives The City Council has the following alternatives regarding this action: I) Undertake the action as recommended by staff. This involves holding the public hearing, but taking action at the December 4 meeting. 2) Do not approve the plan modification. Without approval of the modification, the present budget for TIF District 2-11 may not have sufficient capacity to facilitate a redevelopment project on the North ~ex property to a level previously discussed. 3) Approve the modification. Such action will have to be contingent on HRA board and Zoning & Planning Commission approvals. . . . . . TAX INCREMENT FINANCING PLAN for the modification of the TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2-II (a redevelopment district) within REDEVELOPMENT PROJECT NO.1 HOPKINS HOUSING AND REDEVELOPMENT AUTHORITY CITY OF HOPKINS HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: October 6, 1998 Adopted: October 6, 1998 Public Hearing for Modification: August 21,2001 Public Hearing for Modifications Continued: November 20,2001 Modified: Prepared by: EHLERS & ASSOCIATES, me. 3060 Centre Pointe Drive Roseville, Minnesota 55113-1105 Phone: (651) 697-8500 Fax: (651) 697-8555 E-mail: info@ehlers-inc.com Web Site: www.ehlers-inc.com . TABLE OF CONTENTS (for reference purposes only) . SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2-11 .............................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. Redevelopment Plan Overview ................................... 1-2 Subsection 1-5. Legal Description of Property in TIF District No.2-II. . . . . . . . . . . . . . . . . 2-2 Subsection 1-6. Classification of Tax Increment Financing District No.2-II ............2-2 Subsection 1-7. Original Tax Capacity and Tax Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 Subsection 1-8. Estimated Captured Net Tax Capacity ValuelIncrement . . . . . . . . . . . . . . . . 2-4 Subsection 1-9. Property To Be Acquired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5 Subsection 1-10. Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6 Subsection I-II. Sources of Revenue/Bonded Indebtedness .......................... 2-7 Subsection 1-12. Definition of Tax Increment Revenues .............................2-8 Subsection 1-13. Duration of Tax Increment Financing District No.2-II ................ 2-8 Subsection 1-14. Estimated Impact on Other Taxing Jurisdictions . . . . . . . . . . . . . . . . . . . . . . 2-9 Subsection 1-15. Modifications to Tax Increment Financing District No.2-II ........... 2-10 Subsection 1-16. Administrative Expenses ....................................... 2-11 Subsection 1-17. Limitation of Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-11 Subsection 1-18. Use of Tax Increment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12 Subsection 1-19. Notification of Prior Planned Improvements ....................... 2-13 Subsection 1-20. Excess Tax Increments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-13 Subsection 1-21. Requirements for Agreements with the Developer ................... 2-14 Subsection 1-22. Assessment Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 1-23. Administration of Tax Increment Financing District No. 2-11 .......... 2-14 Subsection 1-24. Financial Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 1-25. Municipal Approval and Public Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-16 Subsection 1-26. Fiscal Disparities Election. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 2-17 Subsection 1-27. Other Limitations on the Use of Tax Increment ..................... 2-18 Subsection 1-28. State Tax Increment Financing Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-19 Subsection 1-29. County Road Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-20 Subsection 1-30. Economic Development and Job Creation. . . . . . . . . . . . . . . . . . . . . . . . . . 2-20 Subsection 1-31. Summary ................................................... 2-20 APPENDIX A - PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A-I APPENDIX B _ MAPS OF REDEVELOPMENT PROJECT AND TIF DISTRICT. . . . . . . . . . . . .. B-1 APPENDIX C - LEGAL DESCRIPTION OF PROPERTY ................................. C-1 APPENDIX D - ESTIMATED CASH FLOW........................................... D-1 APPENDIX E _ MINNESOTA BUSINESS ASSISTANCE FORM...................... ..... E-1 . APPENDIX F _ REDEVELOPMENT QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-l APPENDIX G - BUT FOR QUALIFICATIONS ......................................... G-1 . . . SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2-11 Subsection 2-1. Foreword The City of Hopkins ("City"), the Hopkins Housing and Redevelopment Authority (the "HRA"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No.2-II ("District No.2-II "), a redevelopment tax increment financing district, located in Redevelopment Project No. 1. Subsection 2-2. 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 and HRA have certain statutory powers pursuant to Minnesota Statutes ("M.S. "), Sections 469.001 through 469.047, inclusive, as amended, and M.S., Sections 469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "TIP Act"), to assist in financing public costs related to this project. This Section contains the Tax Increment Financing Plan (the "Plan") for District No.2-II. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project No.1. Subsection 2-3. Statement of Ob1ectives District No.2-II currently consists of 11 parcels ofland and adjacent and internal rights-of-way. District No. 2-11 is created to facilitate the redevelopment of the SuperValu complex and potentially redevelop other adjacent properties in the City of Hopkins. This plan is expected to achieve many of the objectives outlined in the Modification to the Redevelopment Plan for Redevelopment Project No.1. The activities contemplated in the present Modification to the Redevelopment Plan and the Tax Increment Financing Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of District No.2-II and Redevelopment Project No. 1. (Modified November 20, 2001, to add the following) District No.2-II is being modified to facilitate the redevelopment of the SuperValu complex and assist a developer in developing a 300,000 to 400,000 square foot corporate headquarters. Funds will be used to purchase the SuperValu parcels, demolish the building, and assist a developer with purchasing land, site preparation and constructing parking facilities. The Modification will also restate the parcels and reflect that one parcel was previously removed from the District, so the District consists of 10 parcels ofland and adjacent and internal rights-of-way. Subsection 2-4. RedeveloDment Plan Overview 1. Property to be Acquired - Selected property located within District No.2-II may be acquired by the City or HRA and is further described in this Plan. 2. Relocation - Complete relocation services 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 City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-1 . . . necessary legal requirements, the City or HRA may sell to a developer selected properties that they may acquire within District No. 2-11 or may lease land or facilities to a developer. 4. The City or HRA may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public streets work within District No. 2-11. Subsection 2-5. Lel!al Description of Property in Tax Increment Financinl! District No. 2-11 District No. 2-11 encompasses all property and adjacent rights-of-way identified by the parcels listed below. Please see the map in Appendix A for further information on the location of District No. 2-11 ( County No. 1169 and 1170). Parcel Numbers 25-117 -22-12-0008 25-117-22-11-0001 25-117-22-11-0002 24-117 - 22-44-0046 24-117-22-44-0047 24-117-22-44-0048 24-117-22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 (As Modified November 20,2001, to read as follows) Parcel Numbers 25-117-22-11-0001 25-117-22-11-0002 24-117 -22-44-0046 24-117 -22-44-0047 24-117 - 22-44-0048 24-117 -22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 Subsection 2-6. Classification of Tax Increment Financinl! District No. 2-11 The City and HRA, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.179, as amended, inclusive, find that District No. 2-11, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. lO(a)(1) as defined below: (a) "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one of the following conditions, reasonably distributed throughout the district, exists: City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-11 2-2 . . . ( 1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities or excessive or vacated railroad rights-of-way. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities andfacilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. (c) A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structuraLLy substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that ( 1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard... (e) For purposes of this subdivision; a parcel is not occupied by buildings, streets, utilities or other improvements until 15 percent of the area of the parcel contains improvements. In meeting the statutory criteria described above, the City and HRA rely on the following facts and findings: . District No.2-II is a redevelopment district consisting of 11 parcels. . An inventory of the parcels shows that at least 70 percent of the parcels in District No.2-II are occupied as defined in the TIP Act. An inspection of the buildings located within District No.2-II finds that more than 50 percent of the buildings are structurally substandard as defined in the TIP Act. (See Appendix E) (As Modified November 20, 2001 to add the following) . District No. 2-11 is a redevelopment district consisting of 10 parcels that still qualify as a redevelopment district. Subsection 2-7. Ori2inal Tax Capacity and Tax Rate Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for District No.2-II is based on the market values placed on the property by the assessor in 1999 for taxes payable 2000. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-3 Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning . in the payment year 1999) 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 connection with previously issued building permits. In any year in which the current Net Tax Capacity value of District No. 2-11 declines below the ONTC, no value will be captured and no tax increment will be payable to the City or HRA. The original local tax rate for District No. 2-11 will be the local tax rate for taxes payable 1999. The Original Tax Capacity and the Original Local Tax Rate for District No. 2-11 appear in the table below. (As Adopted October 6,1998) Percent Retailed by HRA Original Local Tax Rate $956,473 100% Original Tax Capacity Value 1.37995 . (Modified November 20, 2001, to read as follows) Percent Retailed by HRA Original Local Tax Rate $254,118 100% Frozen Tax Capacity Value 1.22000 (Estimate only) Subsection 2-8. Estimated Captured Net Tax Capacity ValuelIncrement 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 District No. 2-11, within Redevelopment Project No.1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The City and HRA request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2000. The project tax capacity listed is an estimate of values when the project is completed. . City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-4 . . . (As Adopted October 6,1998) Project Estimated Tax Capacity upon Completion of Project (PCT) Original Estimated Net Tax Capacity (ONTC) Estimated Captured Tax Capacity (CTC) $2,299,932 956.473 Estimated Annual Tax Increment (CTC x Local Tax Rate) 1,343,459 $1,845,738 (Modified November 20,2001, to read as follows) Project Estimated Tax Capacity upon Completion of Project (PCT) Original Estimated Net Tax Capacity (ONTC) Estimated Captured Tax Capacity (CTC) $1,433,295 254.118 1,179,176 Estimated Annual Tax Increment (CTC x Local Tax Rate) $1,438,594 Subsection 2-9. Property To Be Acquired The City or HRA may acquire any parcel within District No.2-II including interior and adjacent street rights of way. 1. Any properties identified for acquisition will be acquired by the City or HRA only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. 2. The following are conditions under which properties not designated to be acquired may be acquired: The City or HRA may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. (Modified November 20, 2001, to add the following) In connection with the project, the following parcels and all adjacent rights-of-way may be acquired: Parcel Numbers 25-117-22-11-0001 25-117-22-11-0002 24-117 - 22-44-0046 24-117-22-44-0047 24-117 -22-44-0048 City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-5 . 24-117-22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 Subsection 2-10. Uses of Funds (As Adopted October 6,1998) Uses of Funds Phase IA Phase IB Phase II Phase III Land Acquisition $2,450,000 $685,000 $835,000 $1,240,000 Site Improvements 2,450,000 685,000 835,000 1,240,000 Public Improvements 2,100,000 583,000 727,500 1,063,500 . Interest 8,200,000 2,300,000 2,800,000 4,300,000 Administrative Costs 1,600,000 472,000 577,500 871,500 (up to 10%) TOTAL $16,800,000 $4,725,000 $5,775,000 $8,715,000 (Modified November 20,2001, to read as follows) Currently under consideration for District No. 2-11 is a proposal to facilitate certain redevelopment activities by SuperVatu. The City and HRA have determined that it may be necessary to provide assistance to the project for certain costs. The HRA has studied the feasibility of the development or redevelopment of property in and around District No. 2-11. To facilitate the establishment and development or redevelopment of District No. 2-11, this 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 District No. 2-11 is outlined in the following table. Uses of Funds As Adopted As Modified Total for SuperValu 11/20/2001 Land Acquisition $ 5,210,000 $ 5,000,000 $ 10,210,000 Demolition -$ 1,900,000 $ 1,900,000 Site Improvements $ 5,210,000 $ 500,000 $ 5,710,000 Public Improvements $ 4,474,000 $ 4,474,000 Parking Ramp $ 9,500,000 $ 9,500,000 Interest $ 17,600,000 $ 12,200,000 $ 29,800,000 Administrative Costs (up to 10%) $ 3,521,000 $ 5,000,000 $ 8,521,000 . TOTAL $ 36,015,000 $ 34,100,000 $ 70,115,000 *Note: an adjustment was made in the budget adopted October 6, 1998, to match the sources to the uses of funds. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-6 . . The costs set forth above constitute estimates only and not a commitment on the part of the HRA or City to use tax increment to assist any particular development or redevelopment effort or to pay any particular costs. The HRA or City will only provide tax increment assistance in connection with a development if the HRA and the developer have entered into a development agreement detailing the nature and amount of the assistance to be provided. Estimated costs associated with District No.2-II are subject to change among categories without a modification to this Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within District No. 2-11 will be spent on activities related to development orredevelopment outside of District No. 2-11 but within the boundaries of Redevelopment Project No.1, (including administrative costs, which are considered to be spent outside of District No. 2-11) subject to the limitations as described in this Plan. Subsection 2-11. Sources of RevenuelBonded Indebtedness Public improvement costs, acquisition, relocation, and site preparation costs and other costs outlined in the Uses of Funds-will be financed primarily through the annual collection of tax increments. The City or HRA reserves the right to use other sources of revenue legally applicable to the Modification to the Redevelopment Plan and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The City or HRA reserves the right to incur bonded indebtedness or other indebtedness as a result of the Plan. It is currently assumed that any assistance will be provided through a pay-as-you-go-note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness or other indebtedness related to the use of tax increment financing will not exceed $36,000,000 without a modification to the Plan pursuant to applicable statutory requirements. This provision does not obligate the City or HRA to incur debt. The City or HRA will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City or HRA may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or HRA or to reimburse the developer on a "pay-as-you-go" basis for eligible activities paid for by the developer. The estimated sources of funds for District No. 2-11 are contained in the table below. (As Adopted October 6, 1998) Sources of Funds Phase IA Phase IB Phase II Phase III Tax Increment $16,000,000 800,000 $16,800,000 $4,500,000 225,000 $4,725,000 $5,500,000 275,000 $5,775,000 $8,300,000 415,000 $8,715,000 Local Contribution TOTAL . City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-7 (Modified November 20,2001, to read as follows) . Sources of Funds As Adopted for SuperValu Tax Increment $ 34,300,000 $ Local Contribution $ 1,715,000 TOTAL $ 36,015,000 $ . . Total $ 68,400,000 $ 1,715,000 $ 70,115,000 As Modified 11/20/2001 34,100,000 34,100,000 Subsection 2-12. 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, purchased by the authority with tax increments; 3. repayments of loans or other advances made by the authority with tax increments; and 4. interest or other investment earnings on or from tax increments. Subsection 2-13. Duration of Tax Increment Financine: District No. 2-11 Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of District No.2-II must be indicated within the Plan. Pursuant to M. S., Section 469.176, Subd. 1 ( b), the duration of District No. 2-11 will be 25 years from the date of receipt of the first increment by the City or HRA. The date of receipt by the City of Hopkins of the first tax increment will be approximately 2000. Thus, it is estimated that District No.2-II, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2025, or when the Plan is satisfied. The City or HRA does reserve the right to decertify District No.2-II prior to the legally required date. Although the duration of District No.2-II is legally permitted to be 25 years from the receipt of the first increment and the City and HRA reserve the right to collect tax increment for the full period allowed, it is expected that the City and HRA will impose their own restrictions on the use of tax increment. For example, it is expected that no more than 7 years of tax increment will be used to provide assistance to the developer of Phase lA, which is the development expected to occur on the property known as the "Hennepin County Public Works Site". In addition, it is expected that any assistance will only be provided in connection with phases in addition to Phase IA and only if the terms of such assistance are agreed to in a development agreement between the developer and the HRA. Nothing in this paragraph is intended to legally restrict the City's or HRA' s ability to collect or use tax increment beyond the restrictions contained in the Tax Increment Act. (As Modified November 20,2001, to read as follows) Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of District No.2-II must be indicated within the Plan. Pursuant to M.S., Section 469.176, Subd. 1 (b), the duration of District No. 2-11 will be 25 years from the date of receipt of the first increment by the City or HRA. The date of receipt by the City of Hopkins of the first tax increment will be approximately 2000. Thus, it is estimated that City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-8 . . . District No.2-II, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2025, or when the Plan is satisfied. The City or HRA does reserve the right to decertify District No.2-II prior to the legally required date. The City Council determined that the term of the District is the full 26 years. Subsection 2-14. Estimated Impact on Other Taxine: Jurisdictions The estimated impact on other taxing jurisdictions assumes construction which would have occurred without the creation of District No.2-II. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding, the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the City or HRA, the following estimated impact of District No.2-II would be as follows if the "but for" test was not met: (As Adopted October 6, 1998) IMPACT ON TAX BASE Hennepin County I.S.D. No. 270 City of Hopkins 1997/1998 Total Net Tax Capacity 1,041,418,995 76,733,133 11,936,742 Estimated Captured Tax Capacity (CTC) Upon Prolect Completion 1,343,459 1,343,459 1,343,459 Percent of CTC to Entity Total 0.1290% 1.7508% 11.2548% IMPACT ON TAX RATES 1997/1998 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.383860 27.82% 1,343,459 515,700 I.S.D. No. 270 0.610630 44.25% 1,343,459 820,356 City of Hopkins 0.304550 22.07% 1,343,459 409,150 Metro Region 0.074830 5.42% 1,343,459 100,531 Watershed 0.006080 0.44% Q Total 1.379950 100.00% 1,845,738 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the 1997/Pay 1998 rate. The total net capacity for the entities listed above are based on Pay 1998 figures. District No. 2-11 will be certified under the actual 1998/1999 rates, which were unavailable at the time this Plan was prepared. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-9 (Modified November 20,2001, to read as follows) . IMPACT ON TAX BASE Hennepin County City of Hopkins Independent School District No. 270 Watershed 2000/2001 Total Net Tax Capacity $1,385,934,076 $17,820,610 $117,836,531 Estimated Captured Tax Capacity (CTC) Upon Completion $1,179,176 $1,179,176 $1,179,176 Percent of CTC to Entitv Total 0.0851 % 6.6169% 1.0007 % $331,118,422 $1,179,176 0.3561 % IMPACT ON TAX RATES 2000/2001 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.376240 31.31 % $1,179,176 $443,653 City of Hopkins 0.311360 25.91 % $1,179,176 $367,148 Independent School 0.442200 36.80% $1,179,176 $521,431 . District No. 270 Metro Region 0.058290 4.85% $1,179,176 $68,734 Watershed 0.013630 1.13% $1,179,176 $16.072 Total 1.201720 100.00% $1,417,038 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the estimated 2000/Pay 2001 rate. The total net capacity for the entities listed above are based on Pay 2001 figures. District No. 2-11 will be certified under the actua12000/2001 rates. Subsection 2-15. Modifications to Tax Increment Financine District No. 2-11 In accordance with M.S., Section 469.175, Subd. 4, any: 1. reduction or enlargement of the geographic area of Redevelopment Project No.1 or District No. 2-11; 2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on 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; 3. increase in the portion of the captured net tax capacity to be retained by the City or HRA; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the City or HRA, . shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of District No.2-II may be reduced, but shall not be enlarged after five years following City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-10 . . . the date of certification of the original net tax capacity by the county auditor. If a redevelopment 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. 10, paragraph (a), clauses (1) to (5), 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 Redevelopment Project No.1 or District No.2-II and (2) (A) the current net tax capacity of the parcel(s) eliminated from District No.2-II equals or exceeds the net tax capacity of those parcel(s) in District No.2-II's original net tax capacity or (B) the HRA 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 District No.2-II. The City or HRA must notify the County Auditor of any modification that reduces or enlarges the geographic area of District No.2-II or Redevelopment Project No.1. Modifications to Tax Increment Financing District No.2-II in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. Subsection 2-16. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, and M.S., Section 469.176, Subd. 3, administrative expenses means all expenditures of the City or HRA, other than: 1. amounts paid 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; relocation benefits paid to or services provided for persons residing or businesses located in the district; or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178. 2. 3. Administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Tax increment may be used to pay any authorized and documented administrative expenses for District No.2-II up to but not to exceed 10 percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for Redevelopment Project No.1, 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 District No. 2-11. 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 equal to 0.25 percent of any increment distributed to the City or HRA and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. Subsection 2-17. Limitation of Increment Pursuant to M.S., Section 469.176, Subd. l(a), no tax increment shall be paid to the City or HRA for District No.2-II after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in District No.2-II by the County Auditor unless within the three (3) year period: (a) bonds have been issued pursuant to M.S., Section 469.178, or in aid of a project City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-\1 pursuant to any other law, except revenue bonds issued pursuant to M.S., Sections . 469.152 to 469.165, or (b) the City or HRA has acquired property within District No. 2-11, or (c) the City or HRA has constructed or caused to be constructed public improvements within District No. 2-11. The bonds must be issued, or the City or HRA must acquire property or construct or cause public improvements to be constructed by approximately October, 2001. The tax increment pledged to the payment of bonds and interest thereon may be discharged and may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to 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 increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be takenfrom that parcel 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 site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision... 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 HRA or a property owner must improve parcels within District No. 2-11 by approximately October, 2002. Subsection 2-18. Use of Tax Increment The City or HRA hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in District No. 2-11 for the following purposes: 3. 4. to pay the principal of and interest on bonds used to finance a project; to finance, or otherwise pay public redevelopment costs of the Redevelopment Project No. 1 pursuant to the M.S., Sections 469.001 to 469.047; to pay for project costs as identified in the budget; to finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; to pay principal and interest on any loans, advances or other payments made to the City or 1. 2. . 5. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-12 . . . 6. HRA or for the benefit of Redevelopment Project No. 1 by the developer; to finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on tax increment bonds or bonds issued pursuant to the Plan or pursuant to M.S., Chapter 462C and M.S., Sections 469.152 through 469.165, or both; and to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C and M.S., Sections 469.152 through 469.165, or both. 7. 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 District No.2-II will be paid by Hennepin County to the City of Hopkins for the Tax Increment Fund of said District No.2-II. The City or HRA will pay to the developer( s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for City or HRA administration (up to 10 percent) and the costs of public improvement activities outside District No.2-II. Subsection 2-19. Notification of Prior Planned Improvements The City or HRA shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of District No.2-II enlargement with a listing of all properties within District No.2-II or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original value of District No.2-II by the value of improvements for which a building permit was issued. Pursuant to M.S., Section 469.177, Subd. 4, the HRA has reviewed the area to be included in District No. 2-11 and found no parcels for which building permits have been issued during the 18 months immediately preceding approval of the Plan by the City and HRA. Subsection 2-20. Excess Tax Increments Pursuant to M.S., Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, including the amount necessary to cancel any tax levy as provided in M.S., Section 475.61, Subd. 3, the City or HRA shall use the excess amount to do any of the following: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the City or HRA may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in District No.2-II or Redevelopment Project No.1. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-13 . . . Subsection 2-21. Requirements for Aereements with the Developer The City or HRA will review any proposal for private development to determine its conformance with the Redevelopment Plan 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 or HRA to demonstrate the conformance of the development with city plans and ordinances. The City or HRA 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 25 percent, by acreage, of the property to be acquired in District No.2-II as set forth in the Plan shall at any time be owned by the City or HRA 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, without the City or HRA having, prior to acquisition in excess of 25 percent of the acreage, concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City or HRA should the development or redevelopment not be completed. Subsection 2-22. Assessment Aereements Pursuant to M.S., Section 469.177, Subd. 8, the City or HRA may enter into an agreement in recordable form with the developer of property within District No.2-II which establishes a minimum market value of the land and completed improvements for the duration of District No.2-II. The assessment agreement shall be presented to the assessor who shall review the plans and specifications for the improvements 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 assessor may certify the minimum market value agreement. Subsection 2-23. Administration of Tax Increment Financine District No. 2-11 Administration of District No.2-II will be handled by the Economic Development Director of the City of Hopkins. Subsection 2-24. Financial Reportine Requirements A. Filing with State Auditor, County Auditor, County Board and School Board: Pursuant to M.S., Section 469.175, Subd. 5, the City or HRA must file an annual disclosure report for all tax increment financing districts, including District No. 2-11. The report shall be filed with the County Board, County Auditor, School Board, and the State Auditor on or before July 1 (August 1 beginning for reports to be filed in 1999) of each year. The report to be filed by the City or HRA shall include the following information: 1. 2. 3. the amount and source of revenue in the tax increment account; the amount and purpose of expenditures from the account; the amount of any pledge of revenues, including principal and interest, on any outstanding bond indebtedness; the original net tax capacity of District No.2-II; the captured net tax capacity retained by the City or HRA; the captured net tax capacity shared with other taxing districts; the tax increment received; and any additional information necessary to demonstrate compliance with the tax increment 4. 5. 6. 7. 8. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-14 . . financing plan. B. Newspaper Statement: 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 showing: 1. the tax increment received and expended in that year, 2. the original net tax capacity, 3. captured net tax capacity, 4. amount of outstanding bonded indebtedness, 5. the amount of District No.2-II's increment paid to other governmental bodies, 6. the amount paid for administrative costs, 7. the sum of increments paid, directly or indirectly, for activities and improvements located outside of District No.2-II, and 8. any additional information the City or HRA deems necessary. C. State Auditor filing for District No. 2-11: Pursuant to M.S., Section 469.175, Subd. 6, the City or HRA must annually submit to the State Auditor, on or before July 1 (August 1 beginning for reports to be filed in 1999), a financial report which shall: 1. provide for full disclosure of the sources and uses of the public funds in District No.2-II; 2. permit comparison and reconciliation with the City and HRA's accounts and financial reports; 3. permit auditing of the funds expended on behalf of District No.2-II or that is funded in part or whole through the use of a development account funded with tax increments from other tax increment districts or with public money; and 4. be consistent with generally accepted accounting principles. The financial report must also include the following: 1. the original net tax capacity of District No.2-II; 2. the captured net tax capacity of District No.2-II, including the amount of any captured net tax capacity shared with other taxing districts; 3. the amount budgeted under the Plan, and the actual amount expended for, at least, the following categories (for the reporting period and for the duration of District No.2-II): a. acquisition of land and buildings through condemnation or purchase; b. site improvements or preparation costs; c. installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; d. administrative costs, including the allocated cost of the city; e. public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and 4. the total costs of the property to the City or HRA and the price paid the developers (for properties sold to developers); 5. the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in District No.2-II. D. State Auditor filing for all Tax Increment Financing Districts: Pursuant to M.S., Section 469.175, Subd. 6a, the City or HRA must also annually report to the State Auditor before or on July 1 (August 1 . beginning for reports to be filed in 1999) of each year the following amounts for the entire City: City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-15 . . . 1. the total principal amount of non-defeased bonds that are outstanding at the end of the previous calendar year; and the total annual amount of principal and interest payments that are due for the current calendar year on: (i) general obligation tax increment financing bonds and (ii) other tax increment financing bonds; and 2. for each tax increment financing district within the City: 1. the type of tax increment financing district; 2. the date on which the district is required to be decertified; 3. the amount of any payments and the value of in-kind benefits, such as physical improvements and the uses of building space, that are financed with revenues derived from increments and are provided to another governmental unit (other than the municipality) during the preceding calendar year; 4. the tax increment revenues for taxes payable in the current calendar year; 5. whether the tax increment financing plan or other governing document permits increment revenues to be expended outside of each district; and 6. any additional information that the State Auditor may require. Copies of this report must also be provided to the county and school district boards. If the City fails to make a disclosure or submit a report containing the information required by Section 469.175 sudb. 5, 6 and 6a, the State Auditor will direct the County Auditor to hold the distribution of tax increment from District No.2-II. Subsection 2-25. Municipal Approval and Public Purpose The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for District No.2-II as required pursuant to M.S., Section 469.175, Subd. 3 are as follows: 1. Finding that District No. 2-11 is a redevelopment district as defined in M.S., Section 469.174, Subd. JO( a)( 1). District No.2-II consists of 11 parcels, with plans to redevelop the area for commercial purposes. At least 70 percent of the area in the parcels in District No.2-II are occupied by buildings, streets, utilities, or other improvements and more than 50 percent of the buildings in District No. 2-11, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix E). 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of District No. 2-11 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of acquiring and redeveloping the parcels currently occupied by substandard buildings, which parcels are under multiple ownership, the limited amount of City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-16 . . . commercial/industrial property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The increased market value of the site that could reasonable be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supported this finding on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. Therefore, the City reasonably determines that no other redevelopment of any kind is anticipated on this site without substantially similar assistance being provided to the development. Accordingly, the increased market value anticipated without tax increment assistance is $0. A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No.2-II and the use of tax increments has been performed as described above. If all development which is estimated to be assisted with tax increment were to occur in District No.2-II, the total increased market value would be up to $58,192,400. The present value of tax increments from District No.2-II is estimated to be $12,629,028. It is the Council's finding that no development with a market value of greater than $45,563,372 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of District No.2-II (see the Cashflows in Appendix C). 3. Finding that the Tax Increment Financing Plan for District No. 2-11 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Plan was reviewed by the Planning Commission on September 29, 1998. The Planning Commission found that the Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for District No. 2-11 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No.1 by private enterprise. The projects to be assisted by District No.2-II will be undertaken by private businesses, will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add high quality developments to the City. Additional findings are set forth in the Authorizing Resolution of the City. Subsection 2-26. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the City or HRA may elect one oftwo methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside District No.2-II) are followed, the following method of computation shall apply: ( 1 ) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-17 . . . capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b, (within District No. 2-11) are followed, the following method of computation shall apply: ( 1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City or HRA shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the City or HRA elected. The City of Hopkins will choose to calculate fiscal disparities by clause b. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-27. Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-18 . . . Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Redevelopment Project No.1 pursuant to the M.S., Sections 469.001 to 469.047; These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall 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 shall not prohibit the use of revenues derived from tax increments for the con~truction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. 2. Pooling Limitations. At least 75 percent of tax increments from District No.2-II must be expended on activities in District No.2-II or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of District No.2-II 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 District No. 2- 11. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from District No. 2-11 shall be deemed to have satisfied the 75 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 District No.2-II, 75 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. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City or HRA, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 2-28. State Tax Increment Financim! Aid Pursuant to M.S., Section 273.1399, for tax increment financing districts for which certification was requested after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid (RISTlF A) applied to the municipality's Local Government Aids (LGA) first and, Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC) of the tax increment financing district. Pursuant to M.S., Section 273.1399, Subd. 6, the City or HRA may choose an option to the LGA-HACA penalty. District No.2-II is exempt from the LGA-HACA reduction if the City or HRA elects to make a qualifying local contribution at the time of approving the tax increment financing plan. To qualify for the exemption in each year, the City or HRA must make a qualifying local contribution to the project of a certain City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-19 . percentage. The local contribution for a redevelopment district is 5 percent. The maximum local contribution for all districts in the City in any year is limited to two percent of the City's net tax capacity, after which point the City or HRA must make an additional contribution equal to the lesser of (a) 0.25 percent of the City's net tax capacity or (b) 3 percent of tax increment revenues for that year. The amount of the local contribution must be made out of unrestricted money of the City or HRA, such as the general fund, a property tax levy, or a federal or state grant-in-aid which may be spent for general government purposes. The local contribution may not be made, directly or indirectly, with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general government purposes. The HRA elects to make the annual local contribution to the project to exempt itself from the LGA- HACA penalty. The City or HRA will pay for costs of the project described in this Plan, in an amount equal to 5 percent of annual tax increment for District No. 2-11, subject to the limitations described above, in any year in which such amount exceeds 2 percent of the City's net tax capacity. Such contribution may be in form of either lump sum or annual payments (in addition to tax increment payments) towards costs identified in this Plan or other costs related to that development or redevelopment. The contribution may also be made in the form of public improvements financed by the City or HRA or other unit of government with unrestricted funds. (Modified November 20,2001, to read as follows) Subsection 2-28 is deleted. . Subsection 2-29. Countv Road Costs Pursuant to M.S., Section 469.175, Subd. la, the county board may require the City or HRA to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or other county plan. In the opinion of the City and HRA and consultants, the proposed development outlined in this Plan will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the City or HRA within thirty days of receipt of this Plan. Subsection 2-30. Economic Development and .lob Creation To the extent applicable, the City or HRA agrees to comply with M.S., Section 116J.991, which states that a business receiving state or local government assistance for economic development or job growth purposes, including tax increment financing, must create a net increase injobs and meet wage level goals in Minnesota within two years of receiving assistance (See Appendix D). Subsection 2-31. Summary The City of Hopkins is establishing District No. 2-11 to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Tax Increment Financing Plan for District No. 2-11 was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota . 55402-4100, telephone (651) 697-8500. City of Hopkins Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II 2-20 . . . APPENDIX A PROJECT DESCRIPTION Tax Increment Financing District No. 2-11 is being modified to facilitate the redevelopment of the SuperValu complex and assist a developer in developing a 300,000 to 400,000 square foot corporate headquarters. The project includes purchasing parcels from SuperValu, demolishing the building, and assisting a developer with purchasing land, site preparation and constructing parking facilities. A site would also be made available for a 150,000 square foot office user. A-I APPENDIX . . . APPENDIX APPENDIX B BOUNDARY MAPS OF REDEVELOPMENT PROJECT NO.1 AND TAX INCREMENT FINANCING DISTRICT NO.2-II B-1 __A THE CITY OF HOPKINS, MINNESpTA HENNEPIN COUNTY /11" ..... Q) I .1 1 1 I W I : I" I . I 5 I: I" I . I I I _ ,:;::._______r-----I- E! Redevelopment Project Area No.1 . 1L-I1~U. IDDDDD~ ~DDDD[] N. 000000. :~ JBDDDD '~ CIR. ~ % OAK PAR LA. SIDE LA. z tti fri vi ~ <ri fri l.Li W ~ ~ Tax Increment Financing District No. 2-11 Redevelopment Project No.1 City of Hopkins Hennepin County, Minnesota " .: ,_,' .... . to: 2:> kit > o y ~ :a: 1&1 % III ~ .J iY,' III Ill'" .....J .,. ___ -.z:~ . --... ___ -0 ~ """s ~~ I). .....? .-., ~ ~... 0- , 's .......::--. - ~ -" ~. .... ~.. ~ c CiJ. WESTBROOKE . .D SE-- L. . . . APPENDIX APPENDIX C LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO.2-II Parcel Numbers 25-117-22-12-0008 25-117 - 22-11-0001 25-117-22-11-0002 24-117 - 22-44-0046 24-117 -22-44-0047 24-117-22-44-0048 24-117 -22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 (As Modified November 20,2001) Parcel Numbers 25-117-22-11-0001 25-117-22-11-0002 24-117 -22-44-0046 24-117 -22-44-0047 24-117-22-44-0048 24-117 -22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 c.! . . . 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U. i= -0 .. :!E '" ~ M 0 ~ '" ro M M 0 ~ r- "' ..= ~ ~ ~ r- ~- M ~ ~ N ~ '" '" ~ '" ~- '" u:; N r- r- '" ro .0 ~ ~ W :J -' ~ ;; <{ l- I- Z o W I- (/J W c:: Q. . . . APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT) B-1 APPENDIX . . . ~\"NESO,. ~~ EcoIfo&ic Development 2001 Minnesota Business Assistance Form . The 2001 Minnesota Business Assistance Form (MBAF) is used to report each business subsidy and financial assistance agreement signed from Januarv 1, 2000 throu1!h December 31,2000 per Minn. Stat. ~ 116J.993 to ~ 116J.995. Please use a separate form to report each agreement; for agreements signed from August 1, 1999 though December 31,1999, use the 2000 MBAF; and for agreements signed from July 1,1995 through July 31, 1999 use the 1999 MBAF. . The following government agencies must submit a 2001 MBAF even if an agreement was not signed during the period Januarv 1, 2000 throu1!h December 31,2000: I) any local government/agency that signed a business subsidy agreement since January 1, 1996, or represents a population of more than 2,500; 2) all state government agencies. If the 10caVstate government agency does not have any subsidies or assistance to report, please answer questions 1 through 13 and questions 33 and 34. . If a local or state government agency that is required to report has not done so by Aprill, DTED will mail a warning. If it fails to report by June I, it may not award any business subsidies until a report has been filed. . Questions? Call (651) 296-0580. Information on where to mail or fax your completed MBAF(s) is on page 4. Section 1 Information About Grantor 1. Name of grantor (funding entity) 2. Name of person completing this fonn 3. Street address 4. City 5. ZIP code 6. County 7. Phone number 8. Fax number 9. E-mail address 10. Please indicate who in your organization should receive the 2002 MBAF if different from the person in Question 2. Nameffitle Phone number Street address City ZIP code 11. Classification of grantor (Mark one. If grantor is entity 12. Has your organization held a public hearing on and created by gov 't agency, please indicate affiliation. For adopted criteria for awarding business subsidies in example, a city EDA would check "City government. ") compliance with Minn. Stat. S 116J.994? (Mark one.) o City government o Yes (Indicate hearing date - _ and attach criteria) o County government ONo o Regional government o We held a public hearing but have not yet adopted o State government criteria (Indicate date of initial hearing- ) D Other (Please specify.) o Other (Please attach eXplanation.) 13. Has your organization signed any agreements to award a business subsidy or fmancial assistance from January I, 2000 through December 31,2000 that is required to be reported under Minn. Stat. ~116J.993 and ~116J.994? (Mark one.) DYes (Complete the remainder of the form.) D No (StoD here. go to section 5 on page 4.) Section 2 Information About Recipient 14. Name of business or organization 15. Address where business subsidy or financial assistance receiving subsidy or financial assistance will be used Street address City State ZIP code t 6. Does the recipient have a parent corporation? (Mark one.) o Yes (Indicate name and address of parent corporation below. If more than one, indicate ultimate owner.) DNo Name of parent corporation Street address City State ZIP code 2001 Minnesota Business Assistance Form Page I of 4 Department of Trade and Economic Development . . . 17. Industry of recipient's facility (Mark one.): o Manufacturing o Services o Finance, Insurance, Real Estate. o Retail Trade o Wholesale Trade o Construction o Other (please specify) 18. Did the recipient relocate as a result of signing this agreement? (Mark one.) DYes (Indicate city alld state of previous address alld reason recipient did not complete this project at that address.) o No (Go to Question 19.) City/State of previous address Reason project not completed at previous address 19. Would the recipient have remained in previous location or relocated elsewhere if not awarded this business subsidy or financial assistance? (Mark one.) o Remained at previous location o Relocated to different Minnesota location o Relocated outside Minnesota Section 3 General Information About the Agreement 20. Total dollar value of business subsidy or financial 21. Date agreement signed (In addition to the agreement assistance (Pluse separate value by type in Questions 24 date, indicate any dates the agreement was amended.) and 25.) 22. Benefit date (Indicate the date the recipient will benefit from the business subsidy or financUJI assistance. For example, indicate the date improvements were finished, equipment was placed into service, or the recipient occupied the property, whichever is earlier.) 23. Does the agreement provide a business subsidy or one of the four types of financial assistance (see Question 25) required to be reported? (Mark one.) o business subsidy o financial assistance 24. If the agreement provided a business subsidy, please 25. If the assistance was one of the four types of financial indicate the type(s) and total dollar value for each type. assistance, please indicate the type(s). o not applicable, agreement provided financial assistance o not applicable, agreement provided a business subsidy o loan (only principal) $ o assistance for property polluted $ o grant (i.e., forgivable loan) $ by contaminants o tax abatement $ o assistance for renovating building $ o TIF or other tax reduction or deferral $ stock or bringing it up to code, and o guarantee of payment $ assistance provided for designated o contribution of property or infrastructure $ historic preservation districts, when o preferential use of governmental facilities $ 50% or less of total cost o land contribution $ o assistance for pollution control or $ o other (Specify subsidy type.) S abatement a assistance for a TIF soils condition district S 26. I f the assistance included tax increment financing, please 27. Are any other grantors providing a business subsidy or indicate the type ofTIF district? (Mark one.) financial assistance to the same project? (Mark one.) o not applicable, assistance was not in the form ofTIF DYes (Specify each grantor and the value of their assistance below; attach an additional sheet if necessary.) o redevelopment o renewal and renovation ONo o soils condition o economic development Grantor(s) and value of the agreement(s): o mined underground space o hazardous substance subdistrict Grantor Value ($) Grantor Value ($) 200 I M inncsota Busincss Assistancc Form Pagc 2 of 4 Department of Tradc and Economic Development . Section 4 Goals and Public Purpose Identified in the Agreement 28. Minn. Stat. Ii 116J.994 requires that business subsidy and financial assistance agreements state a public purpose. Which of the following public purposes were stated in the agreement? (Mark all that apply.) D Enhancing economic diversity D Creating high-quality job growth D Job retention D Stabilizing the community D Increasing tax base (cannot be only purpose) D Other (please specify) 29. Indicate whether the agreement included the following types of goals, and whether the recipient had attained those goals at the time of this report. (Fill in the boxes and attainment daters) for each goal.) A) Specific wage and job goals to be attained within 2 years B) Other job-creation and/or retention goals C) Other wage goals D) Other goals other than wage andjob goals Goals established? DYes DNo DYes DNo aYes D No aYes DNo Target attainment dates (month & year) All goals attained? DYes DNo DYes DNo DYes D No DYes DNo Full-time Part-time! FfE (only If goals not Hourly Wage Job Sea50navremp. stated as FfIP1) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance no hourly wage-level goal - - - - $_ . less than $7.00 - - - - $_ $7.00 to $8.99 - - - - $_ $9.00 to $10.99 - - - - $_ $11.00 to $12.99 - - - - $_ $13.00 to $14.99 - - - - s -- $15.00 and higher - - - - s_ (Please attach descriptions of goals and progress toward attainment ifnot documented in Questions 30 and 31.) 30. For each of the following wage categories, indicate the job creation and/or retention goals stated in the agreement and the average hourly value of any employer-provided health insurance goals for those jobs. (Onlv indicate job creation goals in full-time equivalents if you are unable to separate goals by full- and part-time positions.) 31. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the actual hourly value of any employer-provided health insurance for those jobs. (Onlv indicate job creation in full-time equivalents if you are unable to separate job creation into full- and part-time positions.) Full-time Part-time! FfE (only If unable to Hourly Wage Job Sea50navremp. separate FfIP1) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance less than $7.00 - - - - $_ $7.00 to $8.99 - - - - $_ $9.00 to $10.99 - - - - s - $11.00 to $12.99 - - - - $ - $13.00 to $14.99 - - - - s - $15.00 and higher - - - - s - . 32. Has the recipient achieved all goals (see Questions 29, 30 and 31) and fulfilled all obligations stipulated in the agreement? (Mark one.) DYes DNo 2001 Minnesota Business Assistance Form Page 3 of4 Department of Trade and Economic Development . . Section 5 Recipients Failing to Fulfill Obligations (Do not complete this section if you completed it on another 2001 MBAF submitted to DTED.) 33. During the period January 1,2000 through December 31,2000, did your organization have any recipients who failed to report as required by Minn. Stat. ~ 116J.993 and ~ I I 61.994? (Mark one.) DYes (Indicate the name of each recipient failing to report and the value of subsidy or financial assistance awarded to that recipient. Attach additional pages ifnecessary.) DNo Name of recipient Type of subsidy or assistance (See Questions 24 and 25.) Value of subsidy or assistance 34. Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on or after January I, 2000, that were required to be fulfilled by the time of this report? (Mark one.) aYes (Complete the remainder of this section.) a No (Stop here and submit form to DTED .) 35. _ 39. Provide the following information for each recipient failing to fulfill goals or any other terms of an agreement that were to be attained by the time of reporting. (Attach additional pages if necessary.) 35. Information on recipient and agreement: Name of recipient in default Type of subsidy or assistance Initial value of subsidy or assistance Street address of recipient CitylZIP code of recipient Outstanding value of subsidy or assistance 36. Reason(s) for default (Mark all that apply.): D recipient ceased operation a recipient relocated to a different community a recipient was unable to fill vacant positions D other (SpecifY reason.) 37. To date, has the recipient fulfilled its repayment obligation? (Mark one.) aYes a No, recipient has begun to repay the assistance. a No, recipient has not begun to repay the assistance. 38. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.) DYes DNo 39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy: . . . Return your completed MBAF(s) by April}. 200}, to: 2001 Minnesota Business Assistance Form Minnesota Department of Trade and Economic Development - AEO 500 Metro Square, 121 East 7th Place St. Paul, MN 55101-2146 Or fax to: (651) 215-3841 2001 Minnesota Business Assistance Fonn Page 4 of 4 Department of Trade and Economic Development . . . To be added prior to public hearing APPENDIX APPENDIX G BUT FOR QUALIFICATIONS G-l . . . MEMORANDUM TO: Jim Kerrigan, City of Hopkins Bob Deike, Bradley Deike FROM: Sid Inman, Ehlers & Associates Rebecca Kurtz, Ehlers & Associates DATE: November 14,2001 RE: Summary ofthe Modifications to the TIP Plan for TIF District No.2-II The following modifications are being made to the Tax Increment Financing Plan for Tax Increment Financing District No.2-II: Subsection 2-3: Statement of Objectives is being updated to reflect the redevelopment of the SuperValu complex and assistance to a developer in developing a corporate headquarters Subsection 2-5: Legal Description of Property in TIF District is being modified to show that parcel number 25-117-22-12-0008 was knocked-out of the TIF district . Subsection 2-6: Classification ofTIF District is being modified to reflect that TIF District 2-11 still qualifies as a redevelopment district consisting of 10 parcels Subsection 2-7: Original Tax Capacity and Tax Rate is being updated to reflect current rates Subsection 2-8: Estimated Captured,Net Tax Capacity ValuelIncrement is being updated to reflect the estimated annual tax increment on the new development project Subsection 2-9: Property to be Acquired is being modified to clarify the 10 parcels that may be acquired . Subsection 2-10: Uses of Funds is being modified to incorporate the budget for the new development Subsection 2-11: Sources of RevenueIBonded Indebtedness is being modified to incorporate the new development and delete the local contribution . . . . Subsection 2-13: Duration of TIF District is being modified to clarify the duration of the District is 26 years of increment Subsection 2-14: Estimated Impact on Other Taxing Jurisdictions is being updated to reflect the impacts with the current tax capacities and tax rates Subsection 2-28: State Tax Increment Financing Aid is being deleted from the original Plan Please don't hesitate to call us.ifyou have questions regarding the Modifications. fi'om the desk of: Sid Inman & Rebecca Kurtz Ehlers & Associates, Inc. 3060 Centre Point Drive Roseville, MN 55113 Sid Phone: (651) 697-8507 Rebecca Phone: (651) 697-8516 Fax: (651) 697-0281 . & Ehlers and Associates *' Tax Increment Financing District Overview City of Hopkins, Minnesota Modification to the TIF Plan for Tax Increment Financing District No. 2-11 Proposed action: Type of TIF District: The Modification of the Tax Increment Financing Plan for Tax Increment Financing District No.2-II, located within Redevelopment Project No.1. A Redevelopment District Parcel Numbers as modified: 25-117-22-11-0001 25-117 -22-11-0002 24-117 -22-44-0046 24-117 -22-44-0047 24-117 - 22-44-0048 24-117 - 22-44-0040 19-117-21-33-0027 19-117-21-32-0032 19-117-21-31-0020 19-117-21-23-0101 Location: . Proposed modification: See the attached map. The Modification is to facilitate the redevelopment of the SuperValu complex and assist a developer in developing a 300,000 to 400,000 square foot corporate headquarters. Funds will be used to purchase the SuperValu parcels, demolish the building, and assist a developer with purchasing land, site preparation and constructing parking facilities. The Modification also restates the parcels and reflect that one parcel was previously removed from the District. Estimated annual tax increment: Proposed total uses as modified: The annual tax increment cannot be precisely estimated at this time because of the legislative changes in the property tax system. The Modification uses an estimate of $309,860 if the tax rate is 1.22%, and the Modification uses a 2.6280% inflation rate. The actual tax increment will be based on property values and tax rates beginning in taxes payable 2003. The TIF Plan contains the following modified budget: Land Acquisition. . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . .. $10,210,000 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,900,000 Site Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5,710,000 Public Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4,474,000 Parking Ramp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9,500,000 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29,800,000 Administrative Costs (up to 10%) ........................ 8.521,000 Total as modified .................................. $70,115,000 Form of financing: Pay-as-you-go note and G.O. assessment bonds. . . . . Maximum duration: TIF District Overview The duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years). The date of receipt by the City of the first tax increment is expected to be 2003. Thus, it is estimated that the District, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2028, or when the Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. Administrative fee: Up to 10% of annual increment for eligible costs. LGA/HACA penalty: The 2001 Legislature eliminated the provisions for a reduction in state tax increment financing aid (RISTIFA) or the alternative qualifying local contribution. Page 2 . . . 3 Year Activity Rule (*469.176 Subd. la) TIF District Overview At least one of the following activities must take place in the District within 3 years from the date of certification: . bonds have been issued . the authority has acquired property within the district . the authority has constructed or caused to be constructed public improvements within the district The estimated date whereby this activity must take place is August 2004. 4 Year Activity Rule (* 469.176 Subd 6) 5 Year Rule (* 469.1763 Subd 3) After four years from the date of certification of the District one of the following activities must have been commenced on each parcel in the District: . demolition . rehabilitation . renovation . other site preparation (not including utility services such as sewer and water) If the activity has not been started by the approximately August 2005, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity Within 5 years of certification revenues derived from tax increments must be expended or obligated to be expended. Tax increments are considered to have been expended on an activity within the District if one of the following occurs: . the revenues are actually paid to a third party with respect to the activity . bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the five year period, or (ii) a reasonable temporary period within the meaning of the use of that term under ~. l48(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund . binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation . costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. Any obligations in the Tax Increment District made after approximately August 2006, will not be eligible for repayment from tax increments. The previous summary contains an overview of the basic elements of the proposed Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 2-11, located within Redevelopment Project No.1. More detailed information on each of these topics can be found in the complete TIP Plan and Modification. Page 3 . . . TIF District Overview Map of Tax Increment Financing District No. 2-11, Located within Redevelopment Project No. 1 City of Hopkins, Minnesota Page 4 . ..-.(1011<<'" ,. . I THE CITY OF HOPKINS J MINNESPTA HENNEPIN COUNTY . ,7'1f c.... @ ~ I I I ! I" I j I:: I"' . .. I I I _ __________r----'- ,....- e. Redevelopment Project Area No.1 . IL-lI~'" DDDDo~ ~[]DDDD R DD[][JDD' : ~ ]rJDCJDD /~ (f) CI:I ~ W lA.i W aJ tJ ~ ~ ?i ~ s. NESTBROOKE . W .J i.~' 1fI tII tII..., .J - ....... oz;.,. . --~ _ -.. _ 0; '2'\/1 ...:e- U Do .. \01 ?' ....... ~ _ 0.. 's ....... .~.,.~ , "...~,os:;.? L, .-..' .D SE-- CIR ~ :z:: OAK PAR LA. SIDE LA. z uj lLi Tax Increment Financing District No. 2-11 Redevelopment Project No.1 City of Hopkins Hennepin County, Minnesota c-~""-~# CITY OF HOPKINS COUNTY OF HENNEPIN STATE OF MINNESOTA . RESOLUTION NO. 2001-46 RESOLUTION ADOPTING TIlE MODlFICATION TO TIlE TAX INCREMENT FINANCING pLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2-11. BE IT RESOLVED by the City Council (the "Council") of the City of Hopkios, Miunesota (the "City"), as follows: 1.01. The City Council and the Hopkios Housing and Redevelopment Authority (tbe "HRA") for the City \Jave heretofore adopted a Tal< Increment F;uancing Plan for Tax Increment Financing District No.2-II (the "TlF Plan"), a redevelopment district located witbin Redevelopment Project No. I. Section 1. ~. . f"" Wi 1.02 Due to changes in tbe Statement of Objectives, Project Budgets and the Estimated bupact on {)ther Taxing Jurisdictions in Tax Increment Financing District No.2-II (tbe "TlF District"). it has _ proposed tbat the lIRA modify the Tal< Increment Financing Plan for the TlF District, all pursuant to and in accordance with Minnesota Statutes, SeeMns 469.174 to 469.179, inclusive as amended (tbe "Act"). Generally the substantive cbaDges to the TJF Plan includes tbe modification of the Statement of Objectives, uses o!Funds and Captured Net Tax Capacity, and update of the Sources of Revenue and Estimated Impact on Other Taxing Jurisdictions. 1.03. The Council has investigated the factS and has caused to be prepared the Modification to tbe Tal< Increment Financing Plan for tbe TlF District (the "Modification"). 1.04. The City has performed all actions required by law to be performed prior tn tbe adoption and approval of tbe proposed Modification, including, but not limited to, notification nf Hennepin County and School District No. 270 having taxing jurisdiction over tbe property to be included in tbe TIF District, notice of the proposed ",odification of an "",sting redevelopment district to tbe local coun" commissioner, a revieW of and written conunent on tbe Modification by the City Planning Commission. and the holding of a public bearing upon published notice as required by law 1.04 Certain written reports (tbe "Reports" relating to the Modification and to tbe activities contemPlated tberein have heretofore been prepared by staff and submitted to tbe Council andlor made a part oftbe City files and proceedings on tbe Modification. The Reports include data. information andlol substantiation constitoting or relating to tbe bases for tbe other findings and determinations made in tbis resolution. The Council hereby ennf,rms, ratifies and adopts tbe Reports, which are hereby incorporated ;uto and made as fully as part oftbis resolution to tbe same extent as if set forth in full herein. 1.05. The City of Hopkins has elected to calculate fiscal disparities for tbe TlF District in accordance witb Minnesota Statutes. Section 469.171. subdivision 3, clans< b. which means the fiscal disparities contribution would he taken from within tbe TlF District. . C Section 2. I . . . . .... 'q Hennepin County Taxpayer Services Department A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 August 13, 2001 Sid Inman Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113-1105 Re: Modification to Hopkins TIF District 2-11 Dear Sid: Enclosed is a report from Richard P. Johnson, Hennepin County Deputy Administrator, to the Hennepin County Board of Commissioners, concerning the proposed Modification to Hopkins TIF District 2-11. Please arrange to have the report entered into the record of the public hearing of the Hopkins City Council on Tuesday, August 21,2001, to reflect the input of Hennepin County, as provided by Minnesota Statutes, Section 469.175, Subd. 2. If you have any questions about this information, please call me at 612-348-5076. Sincerely, \ ~ ?J\ M~B' b 11/;s. . ~Ad...t t' A 't t ean . ler aum, enlor miniS ra Ive SSIS an Financial Analysis and Support Division Cc: JamesD. Kerrigan, City of Hopkins, 1010 First Street S, Hopkins, MN 55343 RevuHopkins211 modified8212001 JTransmittalLetter Il.... r=....._1 1"'\___........:... r:...........I.....,,.,,. Rt:'rl/(-fprf Pnnpr . .~ .. . sMemo &qclc.!P."... Re: August 13, 2001 Board of County Commissioners f\ ~ \ I Richard P. JOhnson, D~puty County Administrator h .0. Proposed Modification to Hopkins Tax Increment Financing District No. 2-11 Date: To: From: The public hearing is scheduled for Tuesday, August 21, 2001, at 7:30 p.m. at the Hopkins City Hall. History: Hopkins proposes modification to Redevelopment TIF District No. 2-11, situated on 10 parcels located at the former Hennepin.County Public Works site, the SuperValu sites, and other adjacent parcels. The development was scheduled to occur in four phases, all of which were to involve development of SuperValu facilities. . Proposal: The modification of the TIF District will facilitate the redevelopment of the SuperValu complex and assist Medica in developing a 300,000 to 400,000 square foot c;orporate headquarters. Fundswill be used to purchase the SuperValu parcels. demolish the building and assist Medica with purchasing land, site preparation and constructing parking facilities. The modification does not include any geographic enlargement to the TIF District, which will continue to encompass the following parcels: 19-117-21-31-0020 NoAddress 19-117..21-32-0032 9300ExcelsiorBlvd 19-117-21-33-0027 101 Jefferson Ave S 19-117-21-23-0101 No Address 24-117-22-44-0040 No Address 24-117-22-44-0046 201 3rd Street S 24-117-22-44-0047 140 Washington Ave S 24-117-22-44-0048 140 Washington Ave S 25-117-22-11-0001 300 2nd Ave S (Combined with 25-117-22-11-0002 to become 25-117-22-11-0003) 25-117-22-11-0002 300 2nd Ave S (Combined with 25-117-22-11-0001 to become 25-117-22-11-0003) The following financial adjustments are estimated: Sources of Funds . Original TIF Plan. Estimated Captured Tax Capacity 1,343,459 Estimated Annual Tax Increment $1,845,738 Estimated Total Tax Increment $34,300,000 Local Contribution 1,715,000 Modification 1,179,176 $1,438,594 $68,400,000 1,715,000 17,600,000 3.521.000 $36,015,00 9,500,000 12,200,000 5.000.000 $34,100,000 Revised Total $10,210,000 1 ,900,000 5,710,000 4,474,000 9,500,000 29,800,000 8.521.000 $70,115,000 5,210,000 4,474,000 Added Costs .$5,000,000 1,900,000 . 500,000 Uses of Funds Land Acquisition Demolition Site Improvements Public Improvements . Parking Ramp Interest TIF Administration Oriainal Plan $5,210,000 Continued.. . . Augtist13,2001 Board of County Commissioners Modification to HopkinsTIFDistrict 2~1 0 page 2 SUMMARY This Modification is essentially technical in nature, but it does have an impact on Hennepin County to the extent that it will double the projected tax increment from $34,300,000 to $68,400,000, it will almost double the expenditures from $36,015,00 to $70,115,000 and it does include assistance to development that was not included in the original TIF Plan. The modification does not identify uses for tax increment that are consistent with the preference of the Hennepin County . Board of Commission"ers for use of Tax Increment Financing, as identified in Resolution 92:-1 0-917R1, adopted 1.0/27/92. A copy of this report will be sent to the City of Hopkins with a request that it be entered into the public record of the Hopkins City Council public hearing on Tuesday, August 21, 2001, to reflect t~e County's position on this proposal. revuhopkins211modified8212001J . . 2