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Ue ld dll p a4j `eaae UMoJUMop aqj }o ualezlle}!naJ JOI ws!ue4oaw 6UIOUeUI} a ap!noid Ol aapio ul 3i1SSl :NOIlaV uoijnlosa�l_anoaddy of uollovi •6u!JeaH oilgnd plOH :N011a`d a3aN3WWO33M suo!jnlosa uo!ssiwwoa bu!uueld pie Al!aoglny }aOd paldopy `loa(Oad juawdolanapaj junowaso�l aql u!4l!m (Puls!p juawdolanapaa :A9 a3AO2IddtJ e)1o!aIslQ buloueu! j juawaJoul xe1 AemN3o18- umojuMOQ a41 jo luawgsllgelse 94l JO} ueid 6uloueu!J luawaJoul xe1 `kewwnS ueid JIl `uo!jnlosa� :4e :S1N3WHOVr1J.d aoloaa!d WN b juawdolanaa Aj!unwwoo `jslnbpu! wiN :A8 a3HVd3Nd 6u!Je9H o!lgnd Ueld ail jo uolldopy pue bubeaH o!lgnd mau vaNgOV :NOI133S HaN30V 1 `OZ I!ady :ale(] bulleaVi i!ounoo Al!o NOlI3V 110d kHvwwnS 3Alino3X3 1NnomsOH clO Ally .r CITY OF RO S E M O U N T 2875 `145 hS St teet West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired: 651 - 423 -6219 Fax: 651.423 -5203 AFFIDAVIT OF POSTED PUBLIC HEARING NOTICE STATE OF MINNESOTA) COUNTY OF DAKOTA) § CITY OF ROSEMOUNT ) I, Linda J. Jentink, being duly sworn, on oath says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On March 30th, 2004, acting on behalf of the City, I posted at Rosemount City Hall, 2875 145 Street West, the attached Notice of Public Hearing to consider at City Council the PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. I AND THE PROPOSED ESTABLISHMENT OF THE DOWNTOWN - BROCKWAY TAX INCREMENT FINANCING (TIF) DISTRICT, A REDEVELOPMENT FINANCING_ PLAN THEREFORE, on April 20, 2004, at the regular City. Council meeting. Dated this 19th day of April, 2004. Linda J. Jent' , Ci Jerk City of Rosemount Dakota County, Minnesota CITY O F RO J E 1 V! o U N ! 2875 CITY HALL Street West Rosemount, MN 55068-4997 Phone: 651-423 -4411 Hearing Impaired: 651- 423 - 6219 Fax: 651-423 -5203' CITY OF ROSEMOUNT PUBLIC NOTICE CITY COUNCIL TO HOLD PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.1 AND THE PROPOSED ESTABLISHMENT OF THE DOWNTOWN- BROCKWAY TAX INCREMENT FINANCING (TIF) DISTRICT, A REDEVELOPMENT -- -- -- DISTMCT,THEREIN-ANDTHE ADOPTION- GRA-T-AX - INCREMENT _. FINANCING PLAN THEREFOR. NOTICE IS HEREBY GIVEN that the City Council of the City of Rosemount, Dakota County, State of Minnesota, will hold a public hearing on April 20, 2004, at approximately 7:30 P,M. at the Rosemount City Council Chambers in City Hall, 2875 145th Street West, Rosemount, Minnesota, relating to the Rosemount Port Authority's proposed adoption of a Modification to the Redevelopment Plan for the Rosemount Redevelopment Project (the "Redevelopment Plan Modification "), the proposed establishment of the Downtown- Brockway Tax Increment Financing District (a redevelopment tax increment financing district) within. the Rosemount Redevelopment Project, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "), pursuant to Minnesota Statutes, 469.124 to 469.134 and Sections 469.174 to 469.1799, all inclusive, as amended. Copies of the Plans are on file and available for public inspection at the office of the City Clerk at City Hall. The property to be included in the Downtown - Brockway Tax Increment Financing District is located within the Rosemount Redevelopment Project and the City of Rosemount. A map of the Downtown- Brockway Tax Increment Financing District and the Rosemount Redevelopment Project is set forth below. Subject to certain limitations, tax increment from the Downtown- Brockway Tax Increment Financing District may be spent on eligible uses within the boundaries of the Rose Redevelopment Project. t � /onw11 i �_. uIS a�! u EU �_ m -- F i m t 11 � �e� � R� A� Wr:•��`. . N WT, CITYOF ROSEMOUNT ' The Rosemount Town Pages PUBLIC NO CITY - COUNCIL TO HOLD A PUBLIC AFFIDAVIT OF PUBLICATION HEAR ING M D I IF PROPOSEDADOPTI ON rOFA MODIFICATION TO THE ` REDEVELOPMENT PLAN FOR REDEVLOPMENT PROJECT NO, I AND THE 1 Chad Richardson, being duly sworn, on oath says that he is an authorized PROPOSED ESTABLISHMENT OF THE a agent and employ of the p ublisher Of the new known as The DOi{N F I NANCING( T A INCREMENT g P rnvANCnvc (TIFF DIS TRICT, A Rosemount Town Pages, and has full knowledge of the facts which are REDEVELOP DISTRICT, THEREIN 1 AND THE ADOPTION OF A TAX INCREMENT stated below FINANCING PLAN THEREFOR. ' (A) The `newspaper has complied with all of the requirements constituting xoTlcE is HEREBY GIVt N that-the cit covaen qualification as a legal newspaper, as provided by Minnesota Statutes of the city of Rosemount, Dakota • County; State of 331A.02, 331A.0 Ixd other a icab laws, as amended. Minnesota, will hold a public h 6n April 20, P 2004; at approximately 7:30 p.m: at the Rosemount -City Council Chambers in City Hall, (B) The printed 2875 -145th .. s Street West, Rosemount, Minnesota, relatingA0 the Rosemount. Port. Authority's proposed adoption . of it ,. _ Modification to the Redevelopment Plan for the ' Rosemount Redevelopment Project the "Redevelopment Plan Modification "), the proposed a which is attached, was cut from the columns of sa' newspaper, and Was establishment of the Downtown- Brockwa�'Tax 1 increment Financing District (a redevelopment tax printed and published once each week for successive increment financin district) within the Rosemount weeks; it as first published on Friday, the _ —_ �_- _- ____ -_ day f Rede Protect, and the pr oposed adopti of P Y> - -"'–'– Y a Tax Increment Financing Plan (the "TIF. Plan") 2004 and was thereafter and published on every therefor '(the Redevelopment Plan Modification and Friday, to and includ Fri the TIF Plan are referred to collectively herein;as'tne Y> g Y= — —°– –_ ° -- the day of "Plans "), pursuant to Minnesota Statutes, 469.124 to 2004' and printed below is a copy Of the 469,04 and Sections 469.174 to469.1799 all inclu- sive, as amended. Copies of the Plans are on file and , lower case alphabet from A to Z, both ' inclusive, which is hereby available for public inspection at the office of the City acknowledged as being the size and kind of type used in the composition Clerk at cit Hall. ' and publication of the notice: The property .to be included in the Downtown - °Brockway Tax Increment Financing District is located within the Rosemount Redevelopment Project and the City of Rosemount. A, map of the Downtown- Brockway Tax Increment Financing District and the abcdefghijk"mnopgrsmvwxyz Rosemount Redevelopment Project is set forth below. - Subject to certain limitations, tax increment from the - Downtown- Brockway Tax Increment Financing _ District may be spent on eligible uses within the B - boundaries of the Rosemount Redevelopment Project. _ All interested persons may appear at the hearing and Subscribed an sworn t before me On this l as present their views orally or prior to the meeting in `Y Y writing.. of t , 2004. Notary Public AFFIDAVIT DAWN M SMITH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 3 BY ORDER OF THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA , Dated this 6th, day of April, 2004 !s/Linda Ientink, City Clerk .:...Rosemount, Miimesout Auxiliary aids and services are available - Please can- tact the City Clerk. at 651- 322 -2003 or 651- 322 -6219 (TDD number) to: make a request. Examples of auxil- iary aids or services may include: sign language inter- - preter,. assistive listening kit, accessible meeting loco- . _ Lion: etc. 4/09104 SUMMARY The proposal is to approve a TIF Plan to allow a financing mechanism for redevelopment of the Downtown and the Brockway project. The TIF District will be a redevelopment district that has a duration of 25 years from the date of receipt of the first increment. The TIF Plan has some key components, which set some parameters for future use. The attached TIF District map cannot be altered after approval of the Plan. Similarly, total increment generated cannot be increased from that shown in the Plan. Therefore, the city's financial consultant, Ehlers and Associates, has estimated at the high end of valuation for the development of properties within the TIF Plan. The budget included in the Plan capitalizes on these projections, estimating up to $57,500,000 can be spent over the life of the District. The budget recognizes costs for land and building acquisition, site improvements, public utilities, parking facilities, streets and sidewalks, interest, and administrative costs. Although each budget line item has a specified cost, monies can be shifted between the various eligible activities. The TIF Plan itself is comprised of 73 parcels. Five are associated with the Brockway project while the remaining 68 are located in the City's downtown area. The TIF District includes one condominium that means that there are more property identification numbers than actual physical parcels in the District. The SEH evaluated the properties for compliance with the state requirements for lot coverage and conditions of buildings test. They found that the District meets both of the standards, when considering that three of the Brockway parcels will be combined. The lot combination has been approved by the Planning Commission and City Council and has been forwarded to the County for recording. Since action by the Port Authority the document has been modified slightly. The modification to the Redevelopment District has been folded into the larger TIF Plan document. There were some other minor modifications to verbiage in the document but there were no changes of substance. Staff believes the TIF Plan is consistent with the Council goals of obtaining downtown redevelopment and therefore recommends approval of the attached resolution, approving the TIF Plan. z - 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 -- RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE ROSEMOUNT REDEVELOPMENT PROJECT; AND ESTABLISHING DOWNTOWN- BROCKWAY TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") of the City of Rosemount, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The Housing and Redevelopment Authority (the "HRA ") in and for the City established the Rosemount Redevelopment Project (the "Redevelopment Project" and adopted the Rosemount Redevelopment Plan (the "Redevelopment Plan ") related thereto pursuant to its authority under the HRA Act, now codified as Minnesota Statutes, Sections 469.001 through 469.047. On September 15, 1992, the Rosemount Port Authority (the "Port Authority"), successor in interest to the HRA, adopted a modification to the Redevelopment Plan. It has been proposed by the Port Authority and the City that the City adopt a Modification to the Redevelopment Plan for Rosemount Redevelopment Project (the "Redevelopment Plan Modification ") and establish _Downtown- Brockway Tax Increment Financing District (the "District ") therein and adopt a Tax Increment Financing Plan (the "TIF Plan ") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.048 to 469.068, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act ") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The Port Authority and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The Port Authority and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Dakota County and Independent School District No. 196 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports ") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and /or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is expanding the boundaries of the Rosemount Redevelopment Project. Land will be added which is intended for inclusion in a new tax increment financing district which the Port Authority will establish to carryout the objectives of the modified Redevelopment Plan. RESOLUTION 2004 -- Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of the Downtown - Brockway Tax Increment Financing District. 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1). 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City of Rosemount elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause a, which means the fiscal disparities contribution would be taken from outside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City is authorized and directed to forthwith transmit RESOLUTION 2004- - this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. ADOPTED this 20th day of April 2004, by the City Council of the City of Rosemount. ATTEST: Linda Jentink, City Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 20`h day of April, 2004, as disclosed by the records of said City in my possession. (SEAL) Linda J. Jentink, Rosemount City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: RESOLUTION 2004 -- EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the TIF Plan for the Downtown - Brockway Tax Increment Financing District, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the Downtown- Brockway Tax Increment Financing District is a redevelopment district as defined in M. S , Section 469.174, Subd. 10(a) (1). The District consists of consists of 71 parcels of land (plus 2 parcels consisting of dedicated or vacated right of way and 21 condominium parcels), with plans to redevelop area for residential, retail, and office /service purposes. At least 70 percent of the area in the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix F of the TIF plan). 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 Downtown- Brockway Tar Increment Financing District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of acquisition and demolition on the parcels currently occupied by substandard and incompatible buildings, difficult access from Highway 3 project, and the cost of financing the proposed improvements and environmental clean -up, this project is feasible only through assistance, in part, from tax increment financing. The City has experienced many failed attempts at redevelopment in the downtown area and what development has occurred has been less intense than proposed in the TIF Plan. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the cost of demolition, 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. The TIF Plan budget for downtown Rosemount includes increases to the tax base which could total as much a 10 times current market value. The downtown and other properties have been vacant or underutilized for well over 20 years. Without the use of TIF, the increase in tax base would likely be less than two, to seven times current market value. Therefore, the City reasonably determines that no other redevelopment of similar size and scope is anticipated on this site in the near term without substantially similar assistance being provided to the development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up RESOLUTION 2004- - to $171,866,800. The present value of tax increments from the District is estimated to be $12,004,289. It is the Council's finding that no development with a market value of greater than $159,862,511 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, demolition, environmental clean -up, and public improvements in the general area of the District (see Cashflow in Appendix D of the TIF Plan). 3. Finding that the TIF Plan for the Downtown - Brockway Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Downtown- Brockway Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Rosemount Redevelopment Project by private enterprise. The project to be assisted by the District 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 a high quality development to the City. Through the implementation of the TIF Plan, the City will also increase the availability of safe and decent life -cycle housing in the City. EHLER & ASSOCIATES INC Ehlers & Associates, Inca Tax Increment Financing District Overview Rosemount Port Authority and the City of Rosemount - The Downtown- Brockway Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of the Downtown- Brockway Tax Increment Financing District and the adoption of a Tax Increment Financing Plan. Redevelopment Plan: Modification to the Redevelopment Plan for the Rosemount Redevelopment Project. Type of TIF District: A Redevelopment District Parcel Numbers: Please see attached list of 71 parcels Proposed Development: The proposed District is being created to facilitate multi -phase and multi -use redevelopment of the Downtown Rosemount and Brockway area in the City of Rosemount. The Metropolitan Council through a Livable Communities grant has funded a study of downtown Rosemount in 2003 and early 2004 involving a cross- section of the Rosemount community. There is widespread agreement that the core of downtown must be revitalized through additional retail, office, and other commercial development. The vitality of downtown will be enhanced by additional residential development in the Brockway area as well as housing interspersed in the core of downtown. Maximum duration: The duration of the TIF District could be 25 years from the date of receipt of the first increment (26 years of increment). The date of receipt of the first tax increment is expected to be 2006. Thus, it is estimated that the TIF District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2031, or when the TIF Plan is satisfied Estimated annual tax Up to $2,199,211 increment: TIF District Overview Proposed uses: The TIF Plan contains the following budget: Land/Building Acquisition ............... .....................$9,000,000 Site Improvements/Preparation ....... .....................$6,000,000 Public Utilities .. ............................... .....................$1,000,000 Parking Facilities .............................. ....................$3,000,000 Streets and Sidewalks ...................... .....................$1,000,000 Interest .................................. ............................... $31,750,000 Administrative Costs (up to 10 %) ......................... $5,750,000 PROJECT COSTS TOTAL ............ ................. See Subsection 2 -10, page 2 -7 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include interfund loans and transfers and bonded indebtedness. Form of financing: The project will be financed by a combination of general obligation (GO) TIF bonds, interfund loans, and pay -as- you -go notes. Administrative fee: Up to 10% of annual increment, if costs are justified. LGAMACA penalty: Was repealed by the 2001 Legislature and does not apply to the District. Interfund Loan If the City wants to pay for administrative expenditures from a Requirement: tax increment fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 3 Year Activity Rule At least one of the following activities must take place in the ( §469.176 Subd. 1a) 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 April 2007. 4 Year Activity Rule After four years from the date of certification of the District one (§ 469.176 Subd 6) 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 April 2008, no additional tax increment may be taken from that parcel until the commencement of a qualifying activitv. Page 2 EHLERS TIF District Overview 5 Year Rule Within 5 years of certification revenues derived from tax (§ 469.1763 Subd 3) 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 §. 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund • Binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation • Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. • Any obligations in the Tax Increment District made after approximately April, 2009, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for Downtown - Brockway TIF District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the resolution. Page 3 EHLE�RS TIF District Overview DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights -of -way identified by the parcels listed below. AXPIN ' FULLNAME 340211002131 ' JAMES D PICKENS 340201001012 ' CUE PROPERTIES LLC 340201001077 CUE PROPERTIES LLC 340201001091 i BROCKWAY GLASS COINC 340201001288 ? CUE PROPERTIES LLC 340370004700 i DAKOTA CENTRAL PARTNERS 340370005000 DAVID J FINNEGAN 340370004400 DAVID J FINNEGAN 340370001131 ; DAVID J FINNEGAN 340370001029 ' JAMES V AHERN 346480008105 MICHAEL R KOKER 346480007006 ROSEMOUNT AM LEGION 65 346465002001 ROSEMOUNT PLAZA LMT PTNSHP 346465001401 ROSEMOUNT PLAZA CO 346465001301 STEVEN D NIELSEN 340370001032 i ROSEMOUNT CORNERSTONE INC 340370001033 HAROLD O III HAWK 340370001034 ! E & E ENTERPRISESINC 340370001035 JDAKOTA CENTRAL REALTY LTD 346480008205 ' ROSEMOUNT PORT AUTHORITY 346480006006 i ROSEMOUNT AM LEGION POST 65 346480005005 ? PETER F RAUCHWARTER 340370002032 DAKOTA AWARDS & ENGRAVING LLC 346480005006 i ROSEMOUNT POST 65 340370001049 +. E & E ENTERPRISESINC 340370001047 E & E ENTERPRISESINC 346465001201 ROSEMOUNT PLAZA CO 340370001050 E & E ENTERPRISESINC 340370002048 ; E & E ENTERPRISESINC 340370001048 i E & E ENTERPRISESINC 346465101001 ROSEMOUNT PLAZA CO 346480003005 RAYMOND E BENDT 346465102001 i DUANE L BERGH 340370001051 E & E ENTERPRISESINC 346480002006 i ROSEMOUNT POST 65 346480002005 DAVID ACKERMAN 340370001052 ; E & E ENTERPRISESINC Page 4 EHI.ERS TIF District Overview 340370004061 E & E ENTERPRISESINC 346480001205 j MIKE R & LUCILLE SMOLAK 340370001053 ' E & E ENTERPRISESINC 340370001054 ': MC -HERMS LLC 340370005261 MC -HERMS LLC 346480001105 JAMES E & SHARON STAATS 346480007003 DONALD A RATZLAFF 346480009003 s ROSEMOUNT PORT AUTHORITY 346480009103 MARION MCNEARNEY 346480007104 i JAMES E & SHARON STAATS 346480007204 ; LI CHING CHEUNG 340370001155 MC -HERMS LLC 340370005161 ' TERRY INVESTMENTS 346480010003 ': ROSEMOUNT PORT AUTHORITY 346480005004 j JEROME R CLARKE 346480004003 1 ROSEMOUNT SAW & TOOL CO 346480013003 ROSEMOUNT PORT AUTHORITY 346480004004 JEROME R CLARKE 346480003003 j KURT WALTER HANSEN 340370001058 HALIM S & NAWAL A ZERKA 346480003004 i. 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TIF District Overview BOUNDARY MAPS OF THE ROSEMOUNT REDEVELOPMENT PROJECT AND THE DOWNTOWN - BROCKWAY TAX INCREMENT FINANCING DISTRICT Downtown - Brockway Redevelopment Tax Increment Flnancing District Rosemount Redevelopment Project City of Rosemount Dakota County, Minnesota Page 7 EHLERS x xaz acuzsa �x< I-,- I — - '� - 9 I \V =� F (UOPaar UM0111AALOW uiosautim ` )4unoa violiva junoumo-a jo 4ia foid juat udolaAapa junotuasa-d Oat - t(I tuPlIVUH luauaa.tatq xujL juauudolae.apau SuAupwq - umolumo(j TIF District Overview Downtown - Brockway Redevelopment Tax Increment Financing District Rosemount Redevelopment Project City of Rosemount Dakota County, Minnesota (Northern Section) ' TABLE OF CON TENTS (for reference purposes only) SECTION I- MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE ROSEMOUNT REDEVELOPMENT PROJECT . . . . . . . . . . . . . . . . . . . . . . . 1-1 Subsection 1-1. Background .... .. . .. ... . . . . . . .. ... . . ... . . . . . .... . . ..... 1-1 Subsection 1-2. Purpose ofModificat ................................... 1-1 Subsection 1-3. Definitions ' .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 Subsection 1-4. Redevelopment Phan Objectives ......'..................... 1-1 Subsection 1-5. Redevelopment Activities . . . . ., . . - . . . . . . '. . . . . . . . . ' . . . . . . . 1-2 SECTION H - TAX FINANCING PLAN FOR THE DOWNTOWN-BROCKWA Y TAX INCREMENT FINANCING DISTRICT.... 2-1 Subsection . Foreword ............................................... 2~1 Subsection 2-2. Statutory Authority ........................................ 2-1 Subsection 2-3. Statement ofObjectives '................................... 2-1 Subsection 2-4. Redevelopment Plan Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2 . Subsection 2-5, Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 Subsection 2-7. Duration of the District . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/increment and Notification mf Prior Planned Improvements ................ 5 Subsection 2-9. Sources of Revenue/Bonded Indebtedness .................... 2'6 Subsection 2-10. Uses ofFunds ........................................... 2-7 Subsection 2-11. State Tax Increment Financing Aid (Local Contribution) ........... 2-8 Subsection 2-12. Fiscal Disparities Election . . . . . . . . . . .. . . . . . . '. . . . . . . . . . . . . . . 2-8 Subsection 2-13. ' Business Subsidies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-9 � Subsection 2-14. County Road Costs .`.................................... 2-10 Subsection 2-15. Estimated Impact on Other Taxing Jurisdictions ................ 2-10 Subsection 2-16. Supporting Documentation ................................ 2-11 Subsection 2-17. Definition of Tax Increment Revenues ....................... 2-11 Subsection 2-18. Modifications 10 the District ................................ 2-11 Subsection 2-19. Administrative Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12 Subsection 2-20. Limitation ofIncrement ...'............................... 2-13 Subsection 2-21. Use ofTax |ncronlon1 . . . . . . . . . . . . . . . . . . ' . . . . . .. . . . . . . . . . . 2-14 Subsection 2-22. Excess Increments .,.................................... 2-14 Subsection 2-23. Requirements for Agreements with the Developer .............. 2-14 Subsection 2-24. Assessment Agreements ......................,.......... 2-15 Subsection 2-25. Administration of the District ............................... 2-15 Subsection 2-26. Annual Disclosure Requirements ........................... 2-15 ' Subsection 2-27. Reasonable Expectations ................................. 2-15 ` Subsection 2-28. Other Limitations on the Use of Tax Increment ................. 2-16 Subsection 2-29. Summary .....................,........................ 2-16 APPENDIX PROJECT DESCRIPTION .................................'.............. A-1 ' APPENDIX MAPS OF THE ROSEMOUNTREDEVELOPMENT PROJECT AND THE DISTRICT .. 84 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT ............. C -1 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT ... ................ ... D -1 APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM ............................... E -1 APPENDIX F - REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT .................... F -1 APPENDIX G BUT /FOR QUALIFICATIONS ............................................ G -1 APPENDIX H PRIOR PLANNED IMPROVEMENTS ...... .............................. H -1 SECTION l - MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE ROSEMOUNT REDEVELOPMENT PROJECT Subsection 1 -1. Background On May 1, 1979, the Housing and Redevelopment Authority in and for the city of Rosemount (the "HRA") established the Rosemount Redevelopment Project (the "Redevelopment Project" and adopted the Rosemount Redevelopment Plan (the "Redevelopment Plan") related thereto pursuant to its authority under the HRA Act, now codified as Minnesota Statutes, Sections 469.001 through 469.047. On September 15, 1992, the Rosemount Port Authority (the "Port Authority "), successor in interest to the HRA, adopted a modification to the Redevelopment Plan. The modification expanded the boundaries of the Redevelopment Project to be coterminous with the boundaries of Development District No. 1 Subsection 1 -2. Purpose of Modification The purpose of this modification is to expand the boundaries of the Redevelopment Project. Land will be added which is intended for inclusion in a new tax increment financing district which the Port Authority will establish to carry out the objectives of the modified Redevelopment Plan. The map of the expanded boundaries of the Redevelopment Project is included in Appendix B attached hereto. The Redevelopment Plan will also be modified to update the goals and objectives of the plan. Subsection 1 -3. Definitions This modified Redevelopment Plan incorporates the definitions included in the 1992 modification with the following additions. "Public Costs" shall include all costs associated with public infrastructure improvements constructed within the Redevelopment Project. "Tax Increment Financing District" and "Tax Increment Financing Plan" shall also include the Downtown- Brockway Tax Increment Financing District and related Plan adopted by the Port Authority and City at the time of adoption of this modification to the Redevelopment Plan. "Administrative Expenses ", as the term relates to the TIF District, has the meaning given to it under the TIF Act. Subsection 1 -4. Redevelopment Plan Objectives The Port Authority intends to achieve the following objectives through the modified Redevelopment Plan: 1. Remove structurally substandard buildings for which rehabilitation is not feasible; 2. Acquire and remove economically or functionally obsolete or underutilized buildings; 3. Acquire land which is vacant, unused, underused, or inappropriately used, and public or semi - public properties already devoted to a public use which are underutilized; 4. Acquire property of irregular form and shape. or inadequate size which has prevented private development or redevelopment; 5. Eliminate blighting influences which impede potential development or redevelopment; 6. Preserve and encourage the rehabilitation and/or expansion of structures which will remain; 7. Provide land for expansion of existing businesses; Rosemount Port Authority Modification to the Redevelopment Plan for the Rosemount Redevelopment Project I -1 8. Provide redevelopment sites of such size and character to assure the redevelopment of the area; 9. Construct new buildings and improvements for sale, for lease in whole or in part by private individuals, firms, partnerships, or other private interests to public agencies; 10. Eliminate or correct physical deterrents to the development and redevelopment of land; 11. Provide adequate streets, utilities, and other public improvements and facilities to enhance the area for development and redevelopment; 12. Achieve a high level of design and landscaping quality to enhance the physical environment; 13. Create effective buffers, screens, and/or transitions between residential and non - residential uses to minimize the potential blighting effects of divergent land uses; 14. Improve the financial base of the City; 15. Provide maximum opportunity, consistent with the needs of the City, for development and redevelopment by private enterprise; 16. Provide increased employment opportunities; 17. Provide a retail service level required by the residents of the community; 18. Maintain and enhance structures that define the heritage and identity of Rosemount; 19. Encourage appropriate residential development in and near downtown to facilitate redevelopment and to provide additional market for downtown businesses; and 20. Build and maintain systems that provide for the safe and efficient movement of vehicles and pedestrians in the downtown. 21. Achieve affordability in housing options. Subsection 1 -5. Redevelopment Activities The objectives of this Redevelopment Plan will be accomplished through the following actions: 1. Clearance and redevelopment; 2. Rehabilitation of buildings to remain; 3. Construction of buildings and other improvements; 4. Vacation of rights -of -way; 5. Dedication of new rights -of -way; 6. New installation and/or improvement of streets and alleys; Rosemount Port Authority Modification to the Redevelopment Plan for the Rosemount Redevelopment Project 1 -2 7. Replacement and improvement of public and private utilities and facilities; 8. Other project improvements; 9. Acquisition of land; and 10. Assembly of suitable redevelopment sites. In addition, the Port Authority may from time to time adopt specific land use plans for all or portions of the Redevelopment Project, which plans are intended, in part,, to carry out the goals and objectives of the modified Redevelopment Plan. Subsection 1 -6. Acquisition The Port Authority may acquire those properties necessary or convenient to carry out the objectives and activities described in the modified Redevelopment Plan. Specific parcels to be acquired through the use of tax increment financing will be identified in the relevant tax increment financing plan, including the plan for the Downtown - Brockway Tax Increment Financing District. Rosemount Port Authority Modification to the Redevelopment Plan for the Rosemount Redevelopment Project 1 -3 SECTION 11- TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN- BROCKWAY TAX INCREMENT FINANCING DISTRICT Subsection 2 -1. Foreword The Rosemount Port Authority (the "Port Authority "), the City of Rosemount (the "City "), staff and consultants have prepared the following information to expedite the establishment of the Downtown- Brockway Tax Increment Financing District ( "the District "), a redevelopment tax increment financing district, located in the Rosemount Redevelopment Project. Subsection 2 -2. Statutory Authority Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the Port Authority and City have certain statutory powers pursuant to Minnesota Statutes (,,MS.,), Sections 469.048 to 469.068, inclusive, as amended, and MS., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act "), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan ") for the Downtown - Brockway Tax Increment Financing District. Other relevant information is contained in the Modification to the Redevelopment Plan for the Rosemount Redevelopment Project. Subsection 2 -3. Statement of Objectives The District currently consists of 71 parcels of land (plus 2 parcels consisting of dedicated or vacated right of way and 21 condominium parcels) and adjacent and internal rights -of -way. The District is being created to facilitate multi -phase and multi -use redevelopment of the Downtown Rosemount and Brockway area in the City of Rosemount. Specifically, the TIF plan anticipates development, when ultimately built -out, consisting of: • • Approximately 480 owner- occupied homes and 120 rental units constructed in the Brockway area. This project is expected to be developed by CPDC and Rottlund/David Bernard over a five year period. Significant demolition and environmental clean-up costs are associated with this project as it transitions from a industrial site into a residential development. The Port Authority and City will work with developers of the housing assure affordibility to a portion of the housing in cooperation with other local and state housing agencies. • • 60,000 s.f of retail redevelopment located primarily within the core of downtown Rosemount centered around Highway 3 and 145` • • 80,000 s.f of office /service redevelopment also located within the core of downtown Rosemount. • • Over 250 additional housing units in the core of the downtown area. Some of these units may be stand - alone buildings of either rental or owner- occupied units and some of the units may be constructed in a vertical mixed use of housing over retail/office. The number of units and square footages are based upon market study analyses and developer proposals known to the Port Authority and City at this time. The TIF Plan is intended to present budgets and development potential as not -to- exceed estimates only. It is possible that the actual development over the next five to ten years may be only 75% or even 50% of the totals presented in the TIF Plan. Much of the development schedule will depend upon factors outside of the City and Port Authority's control, such as demand for commercial facilities, availability of land, and interest rates. Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -1 The District incorporates separate geographic areas, but the City and the Port Authority view the District as integrated. The development of Brockway in the northern edge of the District would not occur as quickly or with the same intensity absent tax increment financing assistance due to the costs of acquisition, demolition, and environmental clean -up. The additional housing units in Brockway will provide additional demand for commercial development in the core area of downtown. The City and Port Authority are authorized under the TIF Plan to issue various types of debt to enable redevelopment to occur. The actual amount of debt will depend upon future proposals and the need for TIF. Each development budget will be scrutinized by the Port Authority, staff and consultants for the demonstrated amount of gap created by eligible costs of acquisition, demolition, environmental remediation, and site improvements. Redevelopment which emphasizes the re -use and upgrade of substandard buildings will also be encouraged along with the demolition and new construction of structures. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but development is likely to occur beginning in 2004 and in several phases in subsequent years. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Rosemount Redevelopment Project. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Rosemount Redevelopment Project and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired - Selected property located within the District may be acquired by the Port Authority or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the Port Authority or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The Port Authority or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public streets work within the District. Subsection 2 -5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights -of -way (including all dedicated or vacated rights - of -way) identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The Port Authority or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the Port Authority or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The Port Authority or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -2 the objectives ofthis TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2 -6. Classification of the District The Port Authority and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to MS., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district" means a type oftax incrementfinancing district consisting ofaproject, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights -of -way; (3) tankfacilities, orproperty whose immediatelyprevious use wasfor tankfacilities, as defined in Section 115C, Subd. 15, if the tank facility: (xxvi) have or had a capacity of more than one million gallons; (xxvii) are located adjacent to rail facilities; or (xxviii) have been removed, or are unused, underused, inappropriately used or infrequently used; or (4) a qualifying disaster area, as defined in Subd. 10b. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination ofdeficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition ofinterior 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. Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -3 (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by § 469.177, subdivision 1, paragraph ()9. (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. (n For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the Port Authority and City rely on the following facts and findings: • • The District is a redevelopment district consisting of 71 parcels (plus 2 parcels consisting of dedicated or vacated rights -of -ways and 21 condominium parcels). • • An inventory shows that parcels consisting of more than 70 percent of the area in the District consist of parcels which are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. • • An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Pursuant to M.S. 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions ofM.S 2 73. 111 or 273.112 or Chapter 473Hfor taxes payable in any ofthe five calendar years before the filing of the request for certification of the District. Subsection 2 -7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1 b, the duration of the District will be 25 years after receipt of the first increment by the Port Authority or City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2006. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2031, or when the TIF Plan is satisfied. If increment is received in 2007, the term of the District will be 2032. The Port Authority or City reserves the right to decertify the District prior to the legally required date. Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2-4 Subsection 2 -8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value /Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469:-174, Subd. 7 and M. S, Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2003 for taxes payable 2004. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2005) the amount by which the original value has increased or decreased as a result of. 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court- ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the Port Authority or City. The original local tax rate for the District will be the local tax rate for taxes payable 2004, assuming the request for certification is made before June 30, 2004. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within the Rosemount Redevelopment Project, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The Port Authority and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2006. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Project Estimated Tax Capacity upon Completion (PTC) $2,113,000 Original Estimated Net Tax Capacity (ONTC) $181,665 Estimated Captured Tax Capacity (CTC) $1,931,335 Original Local Tax Rate 1.1387 Pay 2004 Estimated Annual Tax Increment(CTC x Local Tax Rate) $2,199,211 Percent Retained by the Port Authority 100% Pursuant to M.S., Section 469.177, Subd. 4, the Port Authority shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice ofthe District enlargement pursuant to MS., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -5 The City has reviewed the area to be included in the District and found four parcels for which building permits have been issued during the 18 months immediately preceding approval of the Plan by the City. Following are the parcels and the estimated increase in market value as a result of the building permit: Parcel Number Estimated Valuation of Improvement 346465002001 $63,492 340370001048 $9,000 340370001048 $20,000 340370001048 $9,000 Please see Appendix H for copies of the building permits that were issued. Subsection 2 -9. Sources of Revenue /Bonded Indebtedness Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, environmental remediation, 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 Port Authority or City reserves the right to use other sources of revenue legally applicable to the Port Authority or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The Port Authority or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by a combination of general obligation (GO) TIF bonds, interfund loans, and pay -as- you -go notes. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a GO TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $18,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $18,000,000 will be financed with tax increment revenues. This provision does not obligate the Port Authority or City to incur debt. The Port Authority or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The Port Authority or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the Port Authority or City or to reimburse the developer on a "pay -as- you -go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the next page Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2-6 SOURCES OF FUNDS TOTAL Tax Increment $52,000,000 Interest $500,000 Land Sales $5,000,000 PROJECT REVENUES $57,500,000 Interfund Loans $18,000,000 Transfers $18,000,000 Bond Proceeds $18,000,000 Subsection 2 -10. Uses of Funds Currently under consideration for the District is a proposal to facilitate multi -phase multi -use redevelopment of the Downtown Rosemount and Brockway area. The Port Authority and City have determined that it will be necessary to provide assistance to the project for certain costs. The Port Authority has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building Acquisition* $9,000,000 Site Improvements/Preparation $6,000,000 Public Utilities $1,000,000 Parking Facilities $3,000,000 Streets and Sidewalks $1,000,000 Interest $31,750,000 Administrative Costs (up to 10 %) $5,750,000 PROJECT COSTS TOTAL $57,500,000 Interfund Loans $18,000,000 Transfers $18,000,000 Loan Interest $18,000,000 *The Port and City will endeavor to provide affordability in the new housing units through a number of efforts, including land write -down to eligible developments in cooperation with other state and local housing agencies. The above budget is organized according to the Office of State Auditor (OSA) reporting forms. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $57,500,000 as is presented in the budget above. Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -7 Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget on the previous page pursuant to the applicable statutory requirements. Pursuant to MS., Section 469.1763, Subd. 2, no more than 25 percent ofthe tax increment paid by property within the District will be spent on activities related to development or redevelopment outside ofthe District but within the boundaries ofthe Rosemount Redevelopment Project, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Subsection 2 -11. State Tax Increment Financing Aid (Local Contribution) M.S., Section 273.1399 (LGA/HACA penalty) was repealed by the 2001 Legislature and does not apply to the District. Subsection 2 -12. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the Port Authority or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside the District) 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 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 thereofwhich the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net. tax capacity ofthe authority. (2) The county auditor shall exclude the retained captured net tax capacity ofthe authorityfrom 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 ofthe authority as well as the net tax capacity ofthe 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. The Port Authority will choose to calculate fiscal disparities by clause a (outside the District). 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). Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -8 Subsection 2 -13. Business Subsidies Pursuant to M.S. Sections 116.1.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S. Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S. Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S. Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $75,000 or less; and (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. The Port Authority will comply with M.S., Section 116J993 to 116J.994 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -9 Subsection 2 -14. County Road Costs Pursuant to M.S., Section 469.175, Subd. ]a, the county board may require the Port Authority or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and ifthe road improvements are not scheduled within the next five years under `A capital improvement plan or within five years under another county plan. At a meeting on April 6, 2004, the County Board requested $100,000 in tax increments to provide funding for certain upgrades of existing county roads. Subsection 2 -15. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the Port Authority or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: IMPACT ON TAX BASE 2003/2004 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Dakota County 298,666,431 1,931,335 0.6467% City of Rosemount 13,895,450 1,931,335 13.8990% Rosemount -Apple Valley 112,883,942 1,931,335 1.7109% Eagan ISD No. 196 IMPACT ON TAX RATES 2003/2004 Percent Potential Extension Rates of Total CTC Taxes Dakota County 0.303000 26.61% 1,931,335 585,195 City of Rosemount 0.523680 45.99% 1,931,335 1,011,402 Rosemount -Apple Valley - 0.260740 22.90% 1,931,335 503,576 Eagan ISD No. 196 Other 0.051280 4.50% 1,931,335 99,039 Total 1.138700 100.00% 2,199,211 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual 2003/Pay 2004 rate. The total net capacity for the entities listed above are based on actual Pay 2004 figures. The District will be certified under the actual 2003/Pay 2004 rates. Rosemount Pon. Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -10 Subsection 2 -16. Supporting Documentation Pursuant to M.S. Section 469.175 Subd 1 a, clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175 Subd 3, clause (2) and the f ndings are required in the resolution approving the TIF district. Following is a list of reports and studies on file at the City that support the Authority's findings: • An Update ofa Market Potential Analysis for Downtown Rosemount, Minnesota, Maxfield Research Inc., November 2003 Subsection 2 -17. 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. Principal and interest received on loans or other advances made by the Authority with tax increments; and 4. Interest or other investment earnings on or from tax increments. Subsection 2 -18. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: I . Reduction or enlargement of the geographic area of the Rosemount Redevelopment Project or the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd: 4e; 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion of the captured net tax capacity to be retained by the Port Authority or City; 5. Increase in the estimate ofthe cost ofthe project, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the Port Authority or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plana Pursuant to M.S. Section 469.175 Subd. 4(b), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If 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 the Rosemount Redevelopment Project or the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity ofthose parcel(s) in the District's original net tax capacity or (B) the Port Authority agrees that, notwithstanding M S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. Rosemount Port Authority Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -11 The Port Authority or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the Rosemount Redevelopment Project or the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2 -19. 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 Port Authority or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued .pursuant to MS., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections 1 to 3. For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized by the TIF Plan or the total tax increment expenditures for the Rosemount Redevelopment Project, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the Port Authority or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Rosemount Port Authority _ Tax Increment Financing Plan for the Downtown - Brockway Tax Increment Financing District 2 -12 Subsection 2 -20. Limitation of Increment Pursuant to M.S., Section 469.176, Subd. ]a, no tax increment shall be paid to the Port Authority or City for the District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor unless within the three (3) year period: (1) Bonds have been issued in aid ofthe project containing the District pursuant to MS., Section 469.178, or any other law, except revenue bonds issued pursuant to MS., Sections 469.152 to 469.165, or (2) The Port Authority or City has acquired property within the District, or (3) The Port Authority or City has constructed or caused to be constructed public improvements within the District. The bonds must be issued, or the Port Authority or City must acquire property or construct or cause public improvements to be constructed by approximatelyApril, 2007 and report such actions to the County Auditor. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to 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 incrementfinancing district by the authority or by the owner ofthe parcel in accordance with the tax incrementfinancingplan, no additional tax increment may be taken from 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 thereofas most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence fora parcel must be submitted by February I of the fifth year following the year in which the parcel was certif ed as included in the district. For purposes ofthis 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 Port Authority or City or a property owner must improve parcels within the District by approximately April, 2008 and report such actions to the County Auditor. Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -13 Subsection 2 -21. Use of Tax Increment The Port Authority or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the cost of redevelopment of the Rosemount Redevelopment Project pursuant to the M.S., Sections 469.048 to 469.068; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the Port Authority or City or for the benefit of the Rosemount Redevelopment Project by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to MS., Chapter 4620 MS., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 4620, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Dakota County to the Port Authority for the Tax Increment Fund of said District. The Port Authority or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for Port Authority or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 2 -22. Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. - In addition, the Port Authority or City may,_subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Rosemount Redevelopment Project or the District. Subsection 2 -23. Requirements for Agreements with the Developer The Port Authority or City 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 Port Authority or City to demonstrate the conformance Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -14 of the development with City plans and ordinances. The Port Authority or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the Port Authority or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the Port Authority or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the Port Authority or City should the development or redevelopment not be completed. Subsection 2 -24. Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8, the Port Authority or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2 -25. Administration of the District Administration of the District will be handled by the Community Development Director. Subsection 2 -26. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the Port Authority or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S. Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2 -27. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon Port Authority and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -15 in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-28. Other Limitations on the Use of Tax Increment 1. General Limitations All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the pursuant to the M.S., Sections 469.048 to 469.068. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments Tax increments derived from the District shall be deemed to have satisfied the 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 the District, 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 Port Authority or City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 2 -29. Summary The Port Authority is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697 -8500. Rosemount Port Authority Tax Increment Financing Plan for the Downtown- Brockway Tax Increment Financing District 2 -16 APPENDIX A PROJECT DESCRIPTION The Metropolitan Council through a Livable Communities grant has funded a study of downtown Rosemount in 2003 and early 2004 involving a cross- section of the Rosemount community. There is widespread agreement that the core of downtown must be revitalized through additional retail, office, and other commercial development. The vitality of downtown will be enhanced by additional residential development in the Brockway area as well as housing interspersed in the core of downtown. The Port Authority is authorized to use TIF through a variety of methods including G.O. TIF Bonds, interfund loans and developer notes. The development of the potential 800 to 875 new housing units and 140,000 s.f. of commercial space will occur over several years involving a multitude of developments. APPENDIX A4 APPENDIX B MAPS OF THE ROSEMOUNT REDEVELOPMENT PROJECT AND THE DISTRICT Downtown - Brockway Redevelopment Tax Increment Financing District Rosemount Redevelopment Project City of Rosemount Dakota County, Nfinnesota. APPENDIX B -1 Downtown - Brockway Redevelopment Tax Increment Financing District Rosemount Redevelopment Project City of Rosemount Dakota County, Minnesota (Downtown Section) Downtown - Brockway Redevelopment Tax Increment Financing District Rosemount Redevelopment Project City of Rosemount Dakota County, Minnesota (Northern Section) APPENDIX B -3 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights -of -way identified by the parcels listed below. TAXPIN 'FULLNAME 340211002131 'JAMES D PICKENS 340201001012 'CUE PROPERTIES LLC 340201001012 'CUE PROPERTIES LLC 340201001077 'CUE PROPERTIES LLC 340201001091 !BROCKWAY GLASS COINC 340201001288 'CUE PROPERTIES LLC 340201001091 !BROCKWAY GLASS COINC 340370004700 'DAKOTA CENTRAL PARTNERS 340370005000 'DAVID J FINNEGAN 340370004400 'DAVID J FINNEGAN 340370001131 'DAVID J FINNEGAN 340370001029 'JAMES V AHERN 346480008105 'MICHAEL R KOKER 3464480007006 !ROSEMOUNT AM LEGION 65 346465002001 - ROSEMOUNT PLAZA LMT PTNSHP 346465001401 'ROSEMOUNT PLAZA CO 346465001301 'STEVEN D NIELSEN 340370001032 !ROSEMOUNT CORNERSTONE INC 340370001033 !HAROLD O 111 HAWK 340370001034 'E & E ENTERPRISESINC 340370001035 'DAKOTA CENTRAL REALTY LTD 346480008205 !ROSEMOUNT PORT AUTHORITY 346480006006 !ROSEMOUNT AM LEGION POST 65 346480005005 'PETER F RAUCHWARTER 340370002032 'DAKOTA AWARDS & ENGRAVING LLC 346480005006 !ROSEMOUNT POST 65 340370001049 'E & E ENTERPRISESINC 340370001047 'E & E ENTERPRISESINC 346465001201 !ROSEMOUNT PLAZA CO 340370001050 'E & E ENTERPRISESINC 340370002048 'E & E ENTERPRISESINC 340370001048 'E & E ENTERPRISESINC 346465101001 !ROSEMOUNT PLAZA CO 346480003005 !RAYMOND E BENDT 346465102001 ' DUANE L BERGH 340370001051 1 E & E ENTERPRISESINC 346480002006 'ROSEMOUNT POST 65 346480002005 'DAVIDACKERMAN 340370001052 'E & E ENTERPRISESINC 340370004061 'E & E ENTERPRISESINC 346480001205 !MIKE R & LUCILLE SMOLAK 340370001053 'E & E ENTERPRISESINC 340370001054 'MC -HERMS LLC 340370005261 'MC -HERMS LLC 346480001105 !JAMES E & SHARON STAATS 346480007003 'DONALD A RATZLAFF 346480009003 'ROSEMOUNT PORT AUTHORITY 346480009103 'MARION MCNEARNEY APPENDIX C-1 346480007104 !JAMES E & SHARON STAATS 346480007204 'LI CHING CHEUNG 340370001155 -MC -HERMS LLC 340370005161 1 TERRY INVESTMENTS 346480010003 !ROSEMOUNTPORTAUTHORITY 346480005004 , JEROME R CLARKE 346480004003 ' ROSEMOUNT SAW & TOOL CO 346480013003 ! ROSEMOUNT PORT AUTHORITY 346480004004 !JEROME R CLARKE 346480003003 !KURT WALTER HANSEN 340370001058 i HALIM S & NAWAL A ZERKA 346480003004 1 FLUEGEL ELEVATOR INC 340370003061 DAN JOHNSON 340370002061 1 TAD P JOHNSON 340370001061 !ROBERT S & LUANA THOMPSON 346480002003 !KURT WALTER HANSEN 340370001060 1 HALIM S & NAWAL A ZERKA 346480002004 1FLUEGEL ELEVATOR INC 346480001003 KURT WALTER HANSEN 346480014003 ! ROSEMOUNT PORT AUTHORITY 340380013014 iJOHN F RYAN LIVING TRUST 340370001062 I-FLUEGEL ELEVATOR INC 342485001001 'JOHN F & MARGIE M RYAN 340370002062 FLUEGEL ELEVATOR INC 342485002001 !JOHN F & MARGIE MRYAN UNIDENTIFIED I DEDICATED RIGHT OF WAY SOUTH OF ITAXPIN 34- 03700 - 020 -62 UNIDENTIFIED iGAP PARCEL SOUTH OF 1TAXPIN 34- 03700 - 051-61 346465120302 !PATRICIA R RATZLAFF 346465130502 'KEVIN J & MARY K ERVASTI 346465120402 !EDWARD B TSTE MCMENOMY 346465130602 !MILTON T BRUFLODT 346465110002 !HARRIET H TSTE BARFKNECHT 346465110102 !ROBERT L ERICKSON JR 346465110202 !DORIS J LOFTUS 346465120502 !GERTRUDE A MEYER 346465110302 -JOANNE A VAREY 346465120602 !WALTER H JR & ETHEL KRIESEL 346465110402 !VICKI R LOEDING 346465130002 'ELIZABETH A MCDONOUGH 346465110502 !WAYNE H & HELEN R LUCKING 346465130102 -.GLORIA L EDWARDS 346465110602 !PHYLLIS M BRUNELLE 346465130202 1 KRISTINA BULLINGER 346465120002 !RONALD R & JOAN A GOETTSCH 346465130302 iFRANCIS A & MARY J LIPINSKI 346465120102 1 H KENNETH & VIRGINIA STRESS 346465130402 iEVERETT L & PHYLLIS SWANSON 346465120202 1 MARJEAN L TREBIL APPENDIX C -2 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT D -1 4IM004 Page 1 of 2 ` 1 E.HLER S .ee :e Brockway /Downtown Redevelopment District Rosemount Port Authority District Redwalopment District 6 Sfate-wkle Property Tax Rate inflation Rate - Every _ Years 0.0000% Total Market Value Taxes Per Total Market Class New Use - . FUUnits Sq. FEJUntfs Sq. FUUnits Texas Value Rafe Tax Capacity Condo fig 180,000.00 2,337.56 140,260 10,800,000 1.00% 108,OOD Apartment 240 100,000.00 1,583.38 380,010 24,000,000 1.25% 300,000 Row Townhomes 2DO 220,000.00 2,857.14 571,428 44,000,000 1.00% 440,000 We Townhomes 102 190,000.00 2,467.53 251,688 19,380,000 1.00% 193,800 Gable Townhomes 112 185,000.00 2,402.60 269;091 20,720,000 . 207,200 207,200 One Level Townhomes - 6o 210,000.00 - 2,72727 163,636 12,600,000 1.00 -A 126,000 Single Family 50 295,000.00 3,831.17 191,558 14,750,000 1.00% 147,500 Larger Single Family 50 425,000.00 5,519.48 275,974 21,250,000 1.00% 212,5W Retail 60,000 135.0 5.00 299,705 - 8,100,000 2.00% 162,000 Office 80,000 135.00 5.00 399,607 10,800,000 2.00% 216,000 0 0 34,000 275,974 Re11a0 162,000 105,297 56,703 TOTAL Note: 871 housing units 119,902 2,942,967 166,400,000 12,960 2,113,000 ` 1 E.HLER S .ee :e Brockway /Downtown Redevelopment District Rosemount Port Authority District Redwalopment District 6 Sfate-wkle Property Tax Rate inflation Rate - Every _ Years 0.0000% PayA -Go Interest Rate: 6.0000% Note Issued Date (Present Value Date): 01-Aug-04 Local Tax Rate - Maximum 113.6700% Pay 2004 Fiscal Disparities Election (A - outside or B - Inside) A Year District was certified Pay 2004 Assumes First Tax Increment For District 2006 Year District was Modified .17,290 Development located in modified area Yes - Assumes Fast Tax Increment For Dw 2006 Years of Tax Increment 26 Assumes Last Year of Tax Increment 2031 Fiscal Disparities Ratio 35.0017% Pay 2OD4 Fiscal Disparities Metro Wide Tax Rate 137.1070% Pay 20D4 Local Tax Rate - Current 113.6700% Pay 2004 State Wide Property Tax Rate (Used for total taxes) 56.0000'% Pay 2004 Estimate Market Value Tax Rate (used for total taxes) 0.1600% Pay 2004 Estimate Commercial bukart ial Class Rate 1.5% -2.0% Pay 2003 First 150,000 1.50% Over 150,000 2.00% Rental Class Rate - 125% Pay 2004 Residental Class f - Under $500,000 1.00% _ Over $500,000 1.25% Assumes bu0dout suer five years 12004 to 2008) Use Total Tax Cap:i Local T Ca az Fiscal Disparities Tax Ca Local Tax Rate Fiscal Disparities Tax Rate Sfate-wkle Property Tax Rate Local Texas Fiscal Disparities Texas State -wide Property Taxes Market Value Taxes Total Taxes Condo 108,000 108,000 0 1.13870 122,990 0 0 .17,290 140,260 Apartment 300,000 300,000 0 1.13870 341,610 0 0 38,400 380,010 R ow Townhomas 440,000 440,00 0 1.13870 501,029 0 0 70,400" 571,428 Ville Townhomes 193,800 193,800 0 1.13870 22'680 0 0 31,008 251,688 Gable Townhomes 207,200 . 207,200 0 1.13870 235,939 0 0 33,152 269,081 One Level Toembomes 126,000 126,00 0 1.13870 143,476 0 0 - 20,160 36 Single Single Family 147,500 147,500 0 1.13870 167,966 0 0 23,600 191,658 Larger Single Family 212,500 212,500 - 0 1.13870 241,974 0 0 34,000 275,974 Re11a0 162,000 105,297 56,703 1.13870 1.37107 0.55000 119,902 77,743 88,100 12,960 299,705 Office 216,00 140,396 75,604 1.13870 1.37107 0.55000 159,869 103,658 118,800 17 ,280 399,607 TOTAL 2,113,000 1,980,694 132,906 1.13870 2,255,416 181,401 207,900 0 298,2.00 2,942,857 Note: 1. 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S99'wl Lose LOZO 0'L LOOZ 10-20 0'1 IM16E 8ZL'SZE (v WOE) (fob) 9fo'LSZ 0 SE6'0tf 0o9'zz9 S99'wl 9002 Lo90 S'0 9002 '090 9 '0 fZ0'OR OzV9ZZ (4t0'Sz) (406) 9f0'&6Z 0 9£6'044 CLOVEN 599'191 - 90OZ LOZo 0'O 9002 LOZO 0'0 0 0 0 0 0 0 S99''9C 599'191 5002 to 0'0 4002. 10.90 00 0 0 0 0 0 0 998'191 999'191 SOOE 10 00 9We 1OZ0 0'0 O 0 0 0 '0 0 599'L9L 999'191 WE to 0'0 ME l -- 0 .0 S99'L9t 999'wt fooz LO Vo 'IA - LOW 'nA SMtA Luawalaul %00'OL %96'0 luwwaui OPW3 e9 AM=dvo a0 '+A 'law 'CIA ONION.OLE, d luasaad xtl WN R IoOpntl xtl ssaO pagsawoll xel Ml xel ONINNIG38 O0Itl3d 31tl01N3WAtld IsMuv4u" lenuuy -.wag •upupv GIVIS Rnuuvluulg AN pwMd.3 U-9-d aaeg A11MON1(ltl 1 1N1)O W3SOM Z 1000ftd. .S y ln f00ZIM APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) APPENDIX E-1 o w l W , 01FIft Please fill in date agreement signed (same as question 21) Minnesota Business Assistance Form • The Minnesota Business Assistance Form (MBAF) is used to report each business subsidy and financial assistance agreement signed from August 1. 1999 through December 31, 2003 unless goals have been achieved and reported in a MBAF per Minn. Stat. § 116J.993 to § 116J.995. • The following government agencies must submit a MBAF: 1) any local government/agency that signed a business subsidy agreement since January 1, 1999, or represents a population of more than 2,500; 2) all state government agencies authorized to provide business subsidies. • If a local or state government agency that is required to report has not done so by April 1, DEED will mail a warning. If it fails to report by June 1, 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 l Grantor Information 1. Name of grantor (funding entity) 2. Name of person completing this form 3. Street address 4. City 5. ZIP code 6. County 7. Phone number 8. Fax number 9. E -mail address 10. Please indicate who in your organization should receive the MBAF if different from the person in Question 2. Name/Title Phone number Street address City ZIP code 11. Classification of grantor (Mark one._Ifgrantor 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. § 116J.994? (Mark one) • City government Yes, in 2004 (attach criteria) • Yes, in 2004 but have not yet adopted criteria • County government Yes, prior to 2004 . • -Regional government If Yes: Hearing Date: Year Criteria Submitted. • -State government • No • -Other (Please specify.) • -Other (Please attach explanation.) 13. Has your organization signed any agreements to award a business subsidy or financial assistance from August 1, 1999 through December 31, 2003 unless goals have been achieved and reported in a previous filed MBAF? (Mark one) • Yes {Complete the remainder of the form unless goals have been achieved and No ( Stop here. go to section 5 on page 4.) reported in a previously filed MBAFper Minn. Slat. §116J.993 and §116J.994.) aection Z Recipient info rmation 14. Name of business or organization receiving subsidy or financial assistance 15. Address where business subsidy or financial assistance will be used Street address City State ZIP code 16. Does the recipient have a parent corporation? (Mark one.) • Yes (Indicate name and address of parent corporation below. If more than one, indicate ultimate owner.) • No Name of parent corporation Street address City State ZIP code Minnesota Business Assistance Form (I/14/04) Page 1 of 4 Dept. of Employment & Economic Development 17. Industry of recipient's facility (Mark one.): • •Manufacturing • -Services • finance, Insurance, Real Estate • Retail. Trade • -Wholesale Trade -Construction • -Other (please specify) 18. Did the recipient relocate as a result of signing this agreement? (Mark one) • Yes (Indicate city and state of previous address and reason recipient did not complete this project at that address.) • 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.) • Remained at previous location Relocated to different Minnesota location • *Relocated outside Minnesota Section 3 Agreement Information Minnesota Business Assistance Form (1/14/04) 20. Total dollar value of business subsidy or financial 21. Date agreement signed (In addition to the agreement assistance (Please 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 financial 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.) • •business subsidy • -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). • not applicable, agreement provided financial assistance • not applicable, agreement provided a business subsidy • •loan (only principal) $ • -assistance for property polluted $ • grant (i.e., forgivable loan) $ by contaminants • tax abatement $ • -assistance for renovating building $ • TIF or other tax reduction or deferral $ stock or bringing it up to code, and • guarantee of payment $ assistance provided for designated • -contribution of property or infrastructure $ historic preservation districts, when • preferential use of governmental facilities $ 50% or less of total cost • -land contribution $ • -assistance for pollution control or $ • -other (Specify subsidy type) $ abatement • -assistance for a TIF soils condition district $ 26. If the assistance included tax increment financing, please 27. Are any other grantors providing a business subsidy or indicate the type of TIF district? (Mark one.) financial assistance to the same project? (Mark one) • not applicable, assistance was not in the form of TIF Yes (Specify each grantor and the value of their assistance below; attach an additional sheet if necessary.) • -redevelopment • -renewal and renovation • No • soils condition • -economic development Grantor(s) and value of the agreement(s): • -mined underground space • -hazardous substance subdistrict Grantor Value ($) Grantor Value ($) Page 2 of 4 Dept. of Employment & Economic Development Cectinn 4 Gnalc and Pnhlic Rrrnnae irientifierl in the Agreement 28. Minn. Stat. § 1161994 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.) • Enhancing economic diversity Increasing tax base (cannot be only purpose) • -Creating high- quality job growth • -Other (please specify) • Job retention • -Stabilizing the community 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 date(s) for each goal.) Goals Target attainment All goals established? dates (month & year) attained? A) Specific wage and job goals to be attained within 2 years Yes No • -Yes No B) Other job- creation and/or retention goals • -Yes No • -Yes No C) Other wage goals • -Yes No Yes No D) Other goals other than wage and job goals Yes No Yes No (Please attach descriptions ofgoals and progress toward attainment if not 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. ( Only indicate job creation goals in full -time equivalents if you are unable to separate goals by full- and part -time positions.) Full -time Part -time/ FTE (2111 if goals not Hourly Wage Job Seasonal/Temp. stated as FT/PT) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance no hourly %age -level goal $ less than $7.00 s $7.00 to $8.99 s $9.00 to $10.99 s $11.00 to $12.99 s $13.00 to $14.99 s $15.00 and higher s 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. ( Only 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/ FTE (qK11 if unable to Hourly Wage Job Seasonal/Temp. separate FT/PT) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance less than $7.00 a $7.00 to $8.99 s $9.00 to $10.99 s $11.00 to $12.99 $ $13.00 to $14.99 s $15.00 and higher $ 32. Has the recipient achieved all goals (see Questions 29, 30 and 31) and fulfilled all obligations stipulated in the agreement? (Mark one.) • -Yes • No Minnesota Business Assistance Form (1/14/04) Page 3 of 4 Dept. of Employment & Economic Development Section 5 Recipients Failing to Fulfill Obligations (Do not complete this section ifyou completed it on another MBAF submitted to DEED.. 33. During the period January 1, 2003 through December 31, 2003, did your organization have any recipients who failed to report as required by Minn. Stat. § 116J.993 and § 116J.994? (Mark one) • Yes (Indicate the name of each recipient failing to report and the value ofsubsidy or financial assistance awarded to that recipient. Attach additional pages ifnecessary.) • No 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 August 1, 1999, that were required to be fulfilled by the time of this report? (Mark one.) • -Yes (Complete the remainder of this section) No (Stop here and submit form to DEED ) 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 City/ZIP code of recipient Outstanding value of subsidy or assistance 36. Reason(s) for default (Mark all that apply): • -recipient ceased operation • -recipient relocated to a different community • recipient was unable to fill vacant positions • -other (Specify reason) 37. To date, has the recipient fulfilled its repayment obligation? (Mark one) • Yes • No, recipient has begun to repay the assistance. • 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.) -Yes No 39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy: Return your completed MBAF(s) by April 1, 2004 to: Minnesota Business Assistance Form Minnesota Department of Employment and Economic Development- AEO 500 Metro Square, 121 East r Place St. Paul, MN 55101 -2146 Or fax to: (651) 215 -3841 Minnesota Business Assistance Form (1/14104) Page 4 of 4 Dept. of Employment & Economic Development APPENDIX F REDEVELOPMENT QUALIFICATIONS -FOR THE DISTRICT APPENDIX F_1 Redevelopment Eligibility Assessment Proposed Rosemount Downtown Redevelopment TIF District Rosemount, MN November 21, 2003 (Revised April 5, 2004) Prepared by: Short Elliott Hendrickson, Inc. (SEH) Butler Square Building, Suite 710C 100 North 6` Street Minneapolis, MN 55403 SEH No. A- ROSEM0302.00 City of Rosemount Proposed Rosemount Downtown Redevelopment TIF District November 21, 2003 (Revised April 5, 2004) PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the City of Rosemount Port Authority, Minnesota, to survey and evaluate the properties within the proposed Rosemount Downtown Redevelopment Project. The proposed district is generally comprised of two non - contiguous project areas. Project area 1 is located east of Robert Trail S. between 132 Street and Connemara Trail. Project area 2 is generally located on both sides of Robert Trail S. between 145 Street and Lower 147 Street, including five properties north of 145 and six properties south of Lower 147 The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed district consists of 73 parcels comprised of the following types of improvements: 31 commercial structures on 38 parcels, 13 single or multi- family structures, and 14 vacant parcels with only parking or streets improvements and 8 vacant parcels with no improvements. Within the district are also several accessory structures — for the purposes of this assessment, these are considered `outbuildings' and are not included in the Condition of Buildings Test. EVALUATIONS Interior inspections were completed for all buildings except 11. An exterior inspection was completed for all buildings except 1. FINDINGS Coverage Test — Project Area # 1: 1 of the 5 properties met the coverage test resulting in a total of 44 % area coverage. This does not exceed the 70% area coverage requirement. We understand that four of the subject properties will be combined into a single property. If combined as proposed, Project Area #1 - Proposed will result in a total of 94% area coverage. This will exceed the 70% area coverage requirement. Project Area #2: 61 of the 68 properties met the coverage test resulting in a total of 94% area coverage. , This exceeds the 70 % area coverage requirement. Total Consolidated Project Area: The two areas combined, as proposed, result in a total of 94% area coverage. This exceeds the 70 % area coverage requirement. 2 Condition of Buildings Test — Project Area #1: 66% of the buildings — 2 of the 3 buildings — were found to be "structurally substandard ". This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." Project Area 42: 70 % of the buildings — 29 of the 41 buildings — were found to be "structurally substandard ". This exceeds the Condition of Buildings Test whereby over 50 % of buildings, not including outbuildings, must be found "structurally substandard." Total Consolidated Project Area: The two areas combined result in a total of 70% of the buildings — 31 of the 44 buildings - were found to be "structurally substandard ". This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for Redevelopment Tax Increment Financing District (State Statute 469.174 Subd. 10). SUPPORTING DOCUMENTS ATTACHED - Site Occupied/Building Substandard Determination table TIF Assessment maps: Buildings Under Study, Occupied Surfaces, Percent Occupied (Project Area #1, Project Area #2) - Report on Building Condition (one per building, excluding parcel 74) - Individual Building Summary Report (one per building, excluding parcel 74) PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 469.174, Subdivision 10, clause (c) which states: Interior Inspection — "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means — "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; and 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." Documentation - "Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3, clause (1)." Refer to attached Exhibit A — Documentation of Contacts/Evaluations for documentation for these purposes. One building (parcel 74) is included in the project area but was not evaluated for the purposes of the Condition of Buildings Test. For this reason, this building is not included in Exhibit A documentation and is considered to be not substandard. PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of Rosemount sent letters to all property owners located in the district requesting that an inspection and evaluation be made of their property. SEH conducted assessments between August 5 and August 22, 2003, including two assessments on October 13, 2003 and three assessments on December 30, 2003. _Requests for evaluation appointments were made with the building owner or building tenants. An interior inspection and evaluation was completed if consented to by the owner. An exterior inspection and evaluation was made where the owner refused interior access to their property. In all cases, an exterior evaluation was completed. For all subject buildings, the City of Rosemount provided copies of all available building permits on record for review by SEH. These permits provide a basic description of type of work completed for each permit (Building, Electrical, or Plumbing, scope of work) and, in some cases, approximate value of work to be completed. Some buildings had no permit records. Additional building data was collected from public taxpayer information available from Dakota County (building area, year built, etc.). Building data from these public records was combined with and reviewed against information gathered in the field. 4 QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test — "parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures ..." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: "For. purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test - " .. and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; The term `structurally substandard', as used in the preceding paragraph, is defined by a two -step test: Conditions Test: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, 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." Code Test: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard if it: ". . . is in compliance with 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. Based on the above requirements, the substandard determination of a particular building is a two -step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because the Code Test is satisfied. It is theoretically possible for a 5 building to require extensive renovation in order to meet current building codes but still not meet the main test of the Conditions Test. Furthermore, deficiencies included in the Conditions Test may or may not include specific code deficiencies as listed in the Code Test. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying the Conditions Test; conversely, it is certainly possible that identified hazards or other deficiencies which could be included in the Conditions Test do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. The Conditions Test is more subjective, whereas the Code Test is an objective test. Conditions Test deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in the Code Test. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Conditions Test, the following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of ... deficiencies in essential utilities and facilities, light and ventilation, etc..." International Building g ode (IBC: The purpose of the IBC is to provide minimum standards to safeguard public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment (IBC 101.3). A deficiency in the building code (insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard `public health ...and safety to life'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code, Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. The ADA is a federal anti - discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities Minnesota Food Code, Chapter 4626: This chapter is enforced by the Minnesota Department of Health and is similar to the IBC in that it provides minimum standards to safeguard public health in areas of public /commercial food 6 preparation. A deficiency in the food code (lack of non - absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities ". National Electric Code (NEC): The purpose of the NEC is the practical safeguarding of persons and property from hazards arising from the use of electricity. The NEC contains provisions that are considered necessary for safety (NEC 90 -1 (a) and (b)). A deficiency in the electric code (insufficient electrical service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities ". International Mechanical Code (IMC): The purpose of the IMC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of mechanical systems (IMC 101.3). The IMC sets specific requirements for building ventilation, exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the `health . and public welfare' of a building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light and ventilation ". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under the Code Test 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. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on -site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." Noncontiguous Areas Minnesota Statute Section 469.174, Subdivision 10, clause (f) states that "for districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district" both individually and collectively under the two tests above. 7 MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH utilized a GIS (Geographic Information Systems) system database, available through Dakota County, to obtain individual parcel information. The GIS system contains graphic information (parcel shapes) and numerical data based on county tax records. This information was used by SEH for the purposes of this assessment. The total square foot area of each property parcel was obtained from county records (GIS) and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography (Spring, 2000). The total square footage of site improvements was then digitally measured and confirmed by general site verification. The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Occupied Surfaces map and Percent Occupied map. For each noncontiguous area, the total area of all qualifying property parcels was compared to the total area of all parcels to determine if the 70% requirement was met. This procedure was again calculated for the total project area (all parcels combined) to determine if the 70% requirement was met. The area occupied by public rights -of -way has not been considered in the coverage test calculations. All of the public rights -of -way are improved. If all of the public rights -of -way were treated as a parcel for the purpose of coverage test calculations, the 70% requirement of the coverage test would still be met. Condition of Building Test Replacement Cost — the cost of constructing a new structure of the same size and type on site: R. S. Means Square Foot Costs (2003) was used as the industry standard for base cost calculations. R. S. Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a "national average" for materials and labor prices for all types of building construction. The base costs derived from R. S. Means were reviewed, and modified if applicable, against our professional judgment and experience. A base cost was calculated by first establishing building type, building construction type, and construction quality level (residential construction) to obtain the appropriate Means cost per square foot. This cost was multiplied times the building square footage to obtain the total replacement cost for an individual building. Additionally, to account for regional/local pricing, a cost factor was added to the total cost according to R.S. Means tables. Using R. S. Means, consideration is made for building occupancy, building size, and construction type; therefore, the cost per square foot used to construct a new structure will vary accordingly. 8 Building Deficiencies: Conditions Test (Condition Deficiencies determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and /or exterior evaluations, as noted, sometimes limited to public spaces. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Condition Deficiencies may or may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. Building Deficiencies: Code Test (Code Deficiencies) — determining technical conditions that are not in compliance with current building code applicable to new buildings and the cost to correct the deficiencies: On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and /or exterior evaluations, as noted, sometimes limited to public spaces. On -site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers, Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): • Building accessibility — Minnesota Accessibility Code Building egress, building construction — International Building Code • Fire protection systems — International Building Code • Food service — Minnesota Food Code • HVAC (heating, ventilating, and air conditioning) — International Mechanical Code • Electrical systems — National Electric Code and Minnesota Energy Code • Energy code compliance - Minnesota Energy Code For the purposes of determining the Code Test (Code Deficiencies), Energy code compliance is relevant because its criteria affect the design of integral parts of a majority of a building's systems. The intent of these criteria is to provide a means for assuring building durability, and permitting energy efficient operation (7676.0100). The energy code addresses general building construction (all forms E of energy transmission in an exterior building envelope — walls, roofs, doors and windows, etc.) and energy usage by lighting and mechanical systems. A deficiency in the energy code (inadequate insulation, non - insulated window systems, improper air infiltration protection, etc.) reduces energy efficient operation and adversely affects building system durability and therefore applies to the Code Test. Office evaluations — Following the on -site evaluation, each building was then reviewed, based on on -site data, age of construction, building usage and occupancy, square footage, and known improvements (from building permit data), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost — Costs to correct identified deficiencies were determined by using R. S. Means Cost Data and our professional judgment and experience. In general, where several items of varying quality were available for selection to correct a deficiency, an item of average cost was used, as appropriate for typical commercial or residential applications. Actual construction costs are affected by many factors (bidding climate, size of project, etc.). Due to the nature of this assessment, we were only able to generalize the scope of work for each correction; that is to say that detailed plans, quantities, and qualities of materials were not possible to be known. Our approach to this matter was to determine a preliminary cost projection suitable to the level of detail that is known. This process was similar to our typical approach for a cost projection that may be given to an owner during a schematic design stage of a project. Costs to correct deficiencies wero computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. For each noncontiguous area, the total number of buildings determined to be "structurally substandard" by satisfying both the Conditions Test and the Code Test in this manner was compared to the total number of buildings in the proposed district to determine if the 50 % requirement was meta This procedure was again calculated for the total project area (all parcels combined) to determine if the 50% requirement was meta Reports on Building Conditions and Individual Building Summary Reports are available for review at the offices of SEH and the City of Rosemount. Technical Conditions Resources — the following list represents the current building codes applicable to new buildings used in the Building Deficiency review: 2003 Minnesota State Building Code 2000 International Building Code 2000 International Housing Code MN 1341 — Minnesota Accessibility Code, Chapter 1341 (1999) 10 2000 Minnesota Energy Code, Chapters 7672, 7674, or 7676 1999 National Electric Code _ 2000 International Mechanical Code PROJECT TEAM: Leon A. Grothe, AIA, Project Architect Jason P. Zemke, AIA, Project Manager 11