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HomeMy WebLinkAbout20100719 - VII-1 & VIII-B-1Memo To: Mayor Hicks and City Council From: John Hinzman, Community Development Director Date: July 19, 2010 SubjectPublic Hearing: :Modify Redevelopment Plan\Establish TIF District No. 5 - Napa REQUEST The City Council is asked to hold a public hearing and adopt the attached resolution modifying the Redevelopment Plan for the Vermillion Street Redevelopment Area, and to establish Tax Increment Finance (TIF) District No. 5. The district would consist of 0.69 acres owned by Linn Investment Properties, LLC, located at the southeast corner th of the 15and Vermillion Streets. The site formerly contained Jiffy Gas Station (1501 Vermillion) and a home (1511 Vermillion). Both structures have been demolished per the 2008 Demolition Agreement betweenthe HRA and Linn. The City Council adopted a resolution ordering the public hearing at the May 17, 2010 meeting. HEDRA REVIEW The Hastings Economic Development and Redevelopment Authority (HEDRA) reviewed the request at the July 15, 2010meeting. A summary of HEDRA actions will be presented at the City Council Meeting. PLANNING COMMISSION REVIEW The Planning Commission voted 5-0 to adopt a resolution finding that the proposed redevelopment plan modifications and TIF District are in conformance with the “general plans” of the City. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 1 of 86 TIF –TAX INCREMENT FINANCING Tax Increment Financing (TIF) allows for the use of increased tax revenue achieved through improving a propertyto finance improvements. The increment between the present value of the property and the value of the property with improvements would be captured for use in project development. PROPOSED PROJECT On June 21, 2010, Linn Investment Propertiesreceived Site Plan approval to construct an 8,500 s.f. Napa auto partsstore within the proposed district. Linn has submitted preliminary plans and project cost information showing a need for TIF in order to move forward with construction. Ehlers and Associates has reviewed the preliminary cost information and concurs that project could not occur, but for TIF.Linn plans to submit for Site Plan review in near future. ATTACHMENTS Resolution – Amend Redevelopment Plan\Establish TIF District. Planning Commission Resolution Vermillion Street Redevelopment Area Plan TIF District Plan Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 2 of 86 CITY OF HASTINGS DAKOTA AND WASHINGTON COUNTIES STATE OF MINNESOTA Council member ______________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _____________ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE VERMILLION STREET REDEVELOPMENT AREA; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Hastings, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the Hastings Economic Development and Redevelopment Authority (the "HEDRA") has heretofore established the Vermillion Street Redevelopment Area (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the HEDRA and the City that the City adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for the Project Area and establish Tax Increment Financing District No. 5 (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 469.001 to 469.047, Sections 469.090 to 469.1082, 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 HEDRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HEDRA 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. 200 that have 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, approval of the Plans by the HEDRA on July 15, 2010, 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, including the environmental and renewal and renovation qualifications reports, and planning documents, 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. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 3 of 86 1.05 The City is not modifying the boundaries of the Project Area, but is however, modifying the Redevelopment Plan therefor. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the District 3.01. The Council hereby finds that the District is in the public interest and is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a. of the Act. 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 Tax Increment Financing 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 and the HEDRA elect 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. Forthe reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible.As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 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. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 4 of 86 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 HEDRA is authorized and directed to forthwith transmit 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 duringthe 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 and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on July 19, 2010, by the following vote: Ayes: Nays: Absent: ATTEST: ______________________________ Paul J. Hicks, Mayor _____________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by th the City of Hastings, County of Dakota, Minnesota, on the 19 day of July, 2010, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Melanie Mesko Lee, City Clerk (SEAL) Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 5 of 86 EXHIBIT A RESOLUTION NO. ___________ The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 5 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1.Finding that the District is a renewal and renovation district as defined in M.S., Section 469.174, Subd. 10a. The District consists of one parcel, with plans to redevelop the area for commercial purposes. The HEDRA obtained a "Proposed Renewal and Renovation TIF Eligibility Assessment" dated June 23, 2008, prepared by SEH. Based on that report, it has been determined that parcels consisting of 70% of the area of the District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and at least 20% of the buildings located in the District were structurally substandard and at least 30% of the other buildings require substantial renovation or clearance to remove existing conditions such as inadequate street lay-out, incompatible uses or land-use relationships, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community. Specifically, the parcel in the District was previously three separate parcels that have been assembled for redevelopment. The original parcels contained an abandoned gas station with underground tanks that required removal, an obsolete gas station building not suitable for renovation and containing asbestos, an old house containing asbestos that was the only residential structure on the commercial block, and a portion of the adjacent bank property that was underutilized. The structures have been demolished and the underground tanks have been removed under a development agreement between the HEDRA and the property owner and HEDRA Resolution 7-2008, and in accordance with M.S., Section 469.174, Subd. 10(d) that provides that a parcel of property on which a structurally substandard building or other buildings and improvement have been demolished by a tax increment authority or by a developer under a development agreement with the authority may still be treated as occupied by such building or improvements for purposes of creating a renewal and renovation tax increment financing district if prior to the demolition the authority finds by resolution that the parcel was occupied by a structurally substandard building or other buildings and improvements and that the authority intends to include the parcel in a tax increment district. (See Appendix F of the TIF Plan.) The District is in the public interest because it will it redevelop substandard areas where extensive soil corrections, tank removal and asbestos abatement have been needed, provide an impetus for commercial development, and preserve and enhance the tax base of the state. 2.Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 6 of 86 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 the TIF Planmeets the City's objectives for redevelopment. The site is located within the Vermillion Street Redevelopment area - a key commercial corridor in the City. The old gas station was constructed in 1971 and has been closed and vacant for over 10 years without any redevelopment occurring. The gas station site by itself was not large enough to support new retail until the current developer, Linn Properties, acquired the old house and underutilized bank property to the south to assemble a parcel big enough toprovide retail, off-street parking, and improved site access through the alley. Due to the high cost of assembling the land, removing the existing structures and improvements, and replacing four feet of unbuildable soils and improving vehicle access, this project is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of 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 District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land assembly, demolition, and site improvements add to the total redevelopment cost. Without tax increment financing assistance, the current owner could not afford to assemble the site from the three parcels. Redevelopment of the vacant gas station alone is not viable, and the site is too small to attract a retail or commercial tenant that can pay a high enough rent to support new construction and redevelopment costs. Redevelopment of the vacant gas station was not financially feasible, as evidenced by the decade it remained vacant without a buyer. TheCity reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a.The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b.If the proposed development occurs, the total increase in market value will be $1,048,000 (see Appendix D and G of the TIF Plan) c.The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $246,457 (see Appendix D and G of the TIF Plan). d.Even if some development other than the proposed development wereto occur, the Council finds that no alternative would occur that would produce a market value increase greater than $801,543 (the amount in clause b less the amount in clause c) without tax increment assistance. 3.Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 7 of 86 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 the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The project to be assisted by the District will result in preservation and enhancement of the tax base, and an impetus for commercial by the renovation of substandard properties along Vermillion Street. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 8 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 9 of 86 As of July 13, 2010 Draft for City Council Review/Public Hearing Redevelopment Plan for the Vermillion Street Redevelopment Area Hastings Economic Development and Redevelopment Authority City of Hastings Dakota and Washington Counties State of Minnesota Establishment Public Hearing:October 6, 2008 Adopted:October 6, 2008 Modification Public Hearing:July 19, 2010 Modification Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 (651) 697-8500 fax: (651) 697-8555 www.ehlers-inc.com Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 10 of 86 TABLE OF CONTENTS (for reference purposes only) Municipal Action Taken.......................................................i Section 1 - Redevelopment Plan for the Vermillion Street Redevelopment Area....................................1-1 Subsection 1-1.Definitions..............................................1-1 Subsection 1-2.Statutory Authority........................................1-2 Subsection 1-3.Statement of and Finding of Public Purpose....................1-2 Subsection 1-4.Statement of Objectives...................................1-3 Subsection 1-5.Statement of ............................................1-4 Subsection 1-6.Funding of Developments and Redevelopments................1-5 Subsection 1-7.Environmental Controls....................................1-5 Subsection 1-8.Proposed Reuse of Property................................1-5 Subsection 1-9.Open Space to Be Created.................................1-5 Subsection 1-10.Administration and Maintenance of the Vermillion Street Redevelopment Area.....................................1-6 Subsection 1-11.Rehabilitation...........................................1-6 Subsection 1-12.Relocation..............................................1-6 Subsection 1-13.Property Acquisition......................................1-6 Subsection 1-14.Modification of the Redevelopment Plan and/or Vermillion Street Redevelopment Area................................1-6 Subsection 1-15.Description of Boundaries of the Vermillion Street Redevelopment Area.....................................1-7 APPENDIX A BOUNDARY MAPS OF THE VERMILLION STREET REDEVELOPMENT AREA.....A-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 11 of 86 Municipal Action Taken (This Municipal Action is only for convenience of reference.) Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Redevelopment Plan, the City Council has created, established and designated the Vermillion Street Redevelopment Area pursuant to and in accordance with the requirements of the Enabling Act and the TIF Act as defined in the definitions of this document. The following municipal action was taken in connection therewith: Vermillion Street Redevelopment Area: January 22, 2008: The Vermillion Street Corridor Development Guidelines were adopted by City of Hastings. September 11, 2008: The Redevelopment Plan for the Vermillion Street Redevelopment Area was adopted by the Housing and Redevelopment Authority in and for the City of Hastings. September 22, 2008: The Redevelopment Plan for the Vermillion Street Redevelopment Area was reviewed by the Hastings Planning Commission. October 6, 2008: The Redevelopment Plan for the Vermillion Street Redevelopment Area was adopted by the City of Hastings. January 1, 2009: The Hastings Economic Development and Redevelopment Authority (HEDRA) replaced the Housing and Redevelopment Authority and the Economic Development Commission. The HEDRA operates with the powers of both a Housing and Redevelopment Authority and an Economic Development Authority. July 12, 2010: The modified Redevelopment Plan for the Vermillion Street Redevelopment Area was reviewed by the Planning Commission. July 15, 2010: The modified Redevelopment Plan for the Vermillion Street Redevelopment Area was adopted by the HEDRA. The HEDRA approved the Tax Increment Financing Plan for TIF District No. 5, a renewal and renovation district located within the Vermillion Street Redevelopment Area and established to facilitate the redevelopment of an abandoned gas station on the corner of Vermillion th Street and East 15 Street. The modified Redevelopment Plan for the Vermillion Street Redevelopment Area was July 19, 2010: adopted by the City. The City Council approved the Tax Increment Financing Plan for TIF District No. 5, a renewal and renovation district located within the Vermillion Street Redevelopment Area and established to facilitate the redevelopment of an abandoned gas station on the corner of Vermillion th Street. Street and East 15 i Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 12 of 86 Section 1 - Redevelopment Plan for the Vermillion Street Redevelopment Area Subsection 1-1.Definitions The terms defined below shall, for purposes of this Redevelopment Plan, have the meanings herein specified, unless the context otherwise specifically requires. "City" means the City of Hastings. "City Council" means the City Council of the City of Hastings. "County" means the County of Dakota County, Minnesota. "Enabling Act" means Minnesota Statues, 469.001 to 469.047, as amended and supplemented from time to time. "HEDRA" means the Hastings Economic Development and Redevelopment Authority of the City of Hastings. "EDA Act" means Minnesota Statutes, Section 469.090 through 469.1082. "Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances, and plans relating to or governing the use of development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. "Municipal Development District Act" means Minnesota Statutes, 469.124 to 469.134, inclusive, as amended. "Project Area" means the real property within the City constituting the Redevelopment Project. "Public Costs" means the costs of the Redevelopment Project funded under the TIF Act, EDA Act, Enabling Act or the Municipal Development District Act. "Public Improvements" means the public improvements described in the Redevelopment Plan and any future Tax Increment Financing Plan. "Redevelopment Plan" means this Redevelopment Plan for the Vermillion Street Redevelopment Area, as initially proposed, and as it shall be modified. "Redevelopment Project" means the Vermillion Street Redevelopment Area, "State" means the State of Minnesota. City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 13 of 86 "Tax Increment Bonds" means any tax increment bonds or notes issued by the City to finance the Public Costs as stated in the Redevelopment Plan for the Vermillion Street Redevelopment Area and in the Tax Increment Financing Plans, and any obligations issued to refund such bonds. "TIF Act" means Minnesota Statutes, Sections 479.174 through 479.179, inclusive, as amended. "Tax Increment Financing District" means any tax increment financing district to be established in the future in the Vermillion Street Redevelopment Area. "Tax Increment Financing Plan" or "Plan" means the plans adopted by the HEDRA or City for any Tax Increment Financing District. "Vermillion Street Development Guidelines" means the report and recommendations adopted by the City in January, 2008 to assist with economic development, land use, and transportation decisions along Vermillion Street in the Redevelopment Area. Subsection 1-2.Statutory Authority The Enabling Act authorizes the HEDRA, upon certain public purpose findings by the HEDRA and City, to establish and designate redevelopment projects within the City and to establish, develop and the administer redevelopment plans therefor to meet the needs and accomplish the public purposes specified in Statement of and Finding of Public Purpose. In accordance with the purposes set forth in the Enabling Act, the HEDRA and City have established the Redevelopment Project comprising the parcels described on the attached Exhibit A and have adopted this Redevelopment Plan therefor. The Enabling Act and the approval of this Redevelopment Plan by the City of Hastings authorizes the HEDRA to undertake redevelopment activities within the Project Area and, at a date subsequent to the adoption of this Redevelopment Plan and with future City Council approval, to establish and designate tax increment financing districts within the Project Area and to adopt and implement tax increment financing plans to accomplish the objective of this Redevelopment Plan. Subsection 1-3.Statement of and Finding of Public Purpose The HEDRA has determined that there is a need to take certain actions designed to encourage, ensure and facilitate development and redevelopment of underutilized and unused land located within the corporate limits of the City. These actions will provide additional employment opportunities for residents of the City and the surrounding area, and improve the tax base, thereby enabling better utilization of existing public facilities and provide needed public services, and improve the general economy of the City, the County, and the State. Specifically, the HEDRA has determined that the property within the Project Area is either underutilized or unused due to a variety of factors, including inadequate public parking to serve the property, small parcels, non-conforming uses, vacant or underutilized property, possible environmental conditions, obsolete building design and site layout, poor access and parking, and lack of streetscaping and visual appeal that is needed to make this a viable business district. These factors have resulted in a lack of private investment. As a result, the property is not providing adequate employment opportunities, and is not contributing, to its full potential, City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-2 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 14 of 86 to the tax base and general economy of the City, the School District, the County and the State. Therefore, it is necessary for the City to exercise its authority under the Enabling Act to develop and implement a program designed to encourage, ensure and facilitate the commercial and mixed use development and redevelopment of the property located in the Project Area, to further and accomplish the public purposes specified in this paragraph. The land in the Project Area would not be developed or redeveloped solely through private investment in the foreseeable future. The welfare of the City, County and the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound commerce by the HEDRA. Subsection 1-4.Statement of Objectives The establishment of the Project Area in the City pursuant to the Enabling Act is necessary and in the best interests of the City and its residents and is necessary to give the HEDRA the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the City in the normal development process. The HEDRA intends, to the extent permitted by law, to accomplish the following objectives through the implementation of the Redevelopment Plan: 1.Promoting and securing the development and redevelopment of property in the Project Area in a manner consistent with the City's planning, the Vermillion Street Development Guidelines, and with a minimal adverse impact on the environment, which property is less productive because of the lack of proper utilization and lack of investment, and thereby promoting and securing the development of other land in the City; 2.Promoting and securing additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled and unskilled labor and other human resources in the City; 3.Securing the increase in value of property subject to taxation by the City, School District, County and any other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 4.Securing the construction and providing moneys for the payment of the cost of public improvements in the Project Area, which are necessary for the completion of the Redevelopment Project and the orderly and beneficial development of the Project Area. 5.Promoting a compatible mix of commercial, institutional, and residential land uses. 6.Encouraging the expansion and improvement of local business, and enhancing the economic vitality of existing and new businesses. City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-3 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 15 of 86 7. Eliminating blighting influences that impede development in the area. 8.The provision of adequate streets, utilities, and other public improvements and facilities to enhance the area for both new and existing development. 9.Creating a desirable and unique character within the Project Area through quality land use alternatives and design quality in new buildings that create a safe environment for pedestrians, can be maintained for the long run, and celebrates the historic role of Vermillion Street as the main artery within the City of Hastings. 10.Supporting the physical connection to local trails, open space, and other community institutions. 11.Enhancing the integrity of residential neighborhoods adjacent to the Project Area. Providing and securing the development of increased opportunities for families to reside in quality owner-occupied housing , for senior citizens to choose from housing options which offer a wide array of services without regard to income, and for residents looking for a wide range of multi-family units. 12.Enhancing the long term viability of the Project Area by facilitating: ‡/DQGXVHVWKDWFRPSOHPHQWDQGVXSSRUWH[LVWLQJEXVLQHVVHV ‡1HZEXVLQHVVHVWKDWHQKDQFHWKHFRPPHUFLDOPDUNHW ‡9LVXDOTXDOLW\RIWKHVWUHHWVFDSHODQGVFDSHVLWH plan and building types of new developments; ‡0L[HGXVHKRXVLQJGHYHORSPHQWZKHUHDSSURSULDWHDQG ‡6DIHDFFHVVDQGFRQYHQLHQWSDUNLQJ Subsection 1-5.Statement of Redevelopment Project Activities The HEDRA will perform or cause to be performed, to the extent permitted by law, all project activities pursuant to the Enabling Act, the Tax Increment Financing Act and other applicable state laws, and in doing so anticipates that the following may, but are not required, to be undertaking by the HEDRA: (a)The making of studies, planning, and other formal and informal activities relating to the Redevelopment Plan. (b)The implementation and administration of the Redevelopment Plan. (c)The re-zoning of land within the City. (d)The acquisition of property, or interests in property, when acquisition is consistent with the objectives of the Redevelopment Plan. (e)The assembly of redevelopment sites of such size and character to assure development and redevelopment that meets the objectives of this Redevelopment Plan. (f)The preparation of property for use and development in accordance with applicable Land Use Regulations and any development agreements, including demolition of structures, clearance of sites, placement of fill and grading. (g)The resale or lease of property to private parties. City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-4 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 16 of 86 (h)The construction, reconstruction ,or rehabilitation of facilities to own and lease as described in the Tax Increment Financing Plans. (i)The installation, construction, or reconstruction of streets, utilities, sidewalks, lighting, retaining walls, or other site improvements. (j)The implementation of a rehabilitation loan or grant program for properties within the Project Area. Subsection 1-6.Funding of Developments and Redevelopments It is anticipated that the Public Costs of the Redevelopment Plan will be paid from available sources of revenue, including but not limited to: ‡VSHFLDODVVHVVPHQWVDQGXVHUFKDUJHV ‡SURSHUW\WD[OHY\FROOHFWHGE\WKHHEDRA ‡ODQGVDOHSURFHHGV ‡OHDVHRUUHQWDOUHYHQXHV ‡JUDQWDQGORDQSURFHHGV ‡WD[LQFUHPHQWRUSURFHHGVIURPWD[LQFUHPHQWERQGV ‡FRQWULEXWLRQVIURPWKH&LW\ ‡RWKHUIXQGLQJVRXUFHVGHVLJQDWHGE\WKH&LW\RUHEDRA which the HEDRA may apply to pay a portion of the Public Costs. Subsection 1-7.Environmental Controls All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable Land Use regulations. Subsection 1-8.Proposed Reuse of Property The Redevelopment Plan contemplates that the HEDRA or City may acquire property and reconvey the same to another entity. Prior to formal consideration of the acquisition of any property, the HEDRA or City will require the execution of a binding development agreement with respect thereto and evidence that funds will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the HEDRA and City to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to which the HEDRA is a party. Subsection 1-9.Open Space to Be Created Any open space within the Redevelopment Project will be created in accordance with the zoning and planning ordinances of the City and the Vermillion Street Development Guidelines. City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-5 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 17 of 86 Subsection 1-10.Administration and Maintenance of the Vermillion Street Redevelopment Area Maintenance and operation of the Redevelopment Project will be the responsibility of the HEDRA Director. Each year, the administrator of the Redevelopment Project will submit to the HEDRA Board of Commissioners the maintenance and operation budget for the following year. The administrator of the Redevelopment Project will administer the Redevelopment Project pursuant to the provision of the Enabling Act; provided, however, that such powers may only be exercised at the direction of the HEDRA. No action taken by the administrator of the Redevelopment Project pursuant to the above- mentioned powers shall be effective without authorization by the HEDRA. Subsection 1-11.Rehabilitation Owners of properties within the Project Area may be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Persons who purchase property within the Project Area from the HEDRA or City may be required to rehabilitate their properties as a condition of sale of land. The HEDRA or City may provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1-12.Relocation Any person or business that is displaced as a result of the Redevelopment Plan will be relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The HEDRA accepts its responsibility for providing for relocation assistance pursuant to the Enabling Act. Subsection 1-13.Property Acquisition The HEDRA or City intends to acquire such property, or appropriate interest therein, within the Project Area as the Authority may deem to be necessary or desirable to assist in the implementation of the Redevelopment Plan. Subsection 1-14.Modification of the Redevelopment Plan and/or Vermillion Street Redevelopment Area The HEDRA reserves the right to alter and amend the Redevelopment Plan, subject to the provisions of state law regulating such action. The HEDRA specifically reserves the right to enlarge or reduce the size of the Project Area. City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-6 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 18 of 86 Subsection 1-15.Description of Boundaries of the Vermillion Street Redevelopment Area The Redevelopment Project shall include the following parcels 193215004080197730008005194470017007192775001202191630002001 193215001080197730021204195845001001190380001020198170001004 193215006079197730009005190370001105190380001021198170012201 193215008080197730010205194470019007190370001008198170003004 193215004088197730019104194470020007190370001009198170019004 193215006088197730010105194470021007190370001510198170018004 193215006188197730011005190370008105190370001510198170014001 193215003089197730012005194470022007190340001050198170017104 193215004089197730013005194470023007198170001101198170004004 193215006089197730016004190370008205197755001004198170005004 193215005089197730014005194470024007197755001104190340001055 193215006198197730010007194470002018197755001005191955101001 191320003006197730005106194470002218197755003005191955102001 191320014006197730009007194470002318198170002101198170025105 191320005106197730008007194470003018198170001001191955103001 191320007006197730005107194470004018198170003002198170023001 191320010006197730005007194470007118198170005302198170004005 191320006206197730007107194470008018197755006004198170005005 191320009106197730007007194470010018198170004001198170002006 193215006079194470002306194470011018198170002001198170030006 191320007006194470002406194470012018197755005004198170010106 191320009106194470016106194470015018198170002103197730004005 197730002004194470003107194470016018198170006001197730026004 197730028004194470012206194470001018198170013003197730003004 197730003005194470005207190370001407198170003003193215002189 197730027004194470008207190380008101191630001001193215002089 197730026104194470010207190380013101198170008101193215007089 197730025204194470013007190380001007198170005003 197730025004190380001007198815001002191630004001 197730006005198815004001198815004002198170009001 197730022004194470015107192775001101191630003001 197730007005194470016007192775001001198170012101 City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment Area1-7 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 19 of 86 APPENDIX A BOUNDARY MAPS OF THE VERMILLION STREET REDEVELOPMENT AREA City of Hastings Redevelopment Plan for the Vermillion Street Redevelopment AreaA-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 20 of 86 As of July 6, 2010 Draft for City Council Review/Public Hearing Tax Increment Financing Plan for the establishment of Tax Increment Financing District No. 5 (a renewal and renovation district located within Dakota County) within the Vermillion Street Redevelopment Area Hastings Economic Development and Redevelopment Authority City of Hastings Dakota and Washington Counties State of Minnesota Public Hearing: July 19, 2010 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 21 of 86 Table of Contents (for reference purposes only) Section 1 - Tax Increment Financing Plan for Tax Increment Financing District No. 5....................................1-1 Subsection 1-1.Foreword...............................................1-1 Subsection 1-2.Statutory Authority........................................1-1 Subsection 1-3.Statement of Objectives...................................1-1 Subsection 1-4.Redevelopment Plan Overview..............................1-1 Subsection 1-5.Description of Property in the District and Property To Be Acquired .1-2 Subsection 1-6.Classification of the District.................................1-2 Subsection 1-7.Duration and First Year of Tax Increment of the District...........1-3 Subsection 1-8.Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements....................................1-3 Subsection 1-9.Sources of Revenue/Bonds to be Issued......................1-4 Subsection 1-10.Uses of Funds...........................................1-5 Subsection 1-11.Fiscal Disparities Election..................................1-6 Subsection 1-12.Business Subsidies.......................................1-6 Subsection 1-13.County Road Costs.......................................1-7 Subsection 1-14.Estimated Impact on Other Taxing Jurisdictions.................1-8 Subsection 1-15.Supporting Documentation.................................1-9 Subsection 1-16.Definition of Tax Increment Revenues.......................1-10 Subsection 1-17.Modifications to the District................................1-10 Subsection 1-18.Administrative Expenses..................................1-11 Subsection 1-19.Limitation of Increment...................................1-11 Subsection 1-20.Use of Tax Increment....................................1-12 Subsection 1-21.Excess Increments......................................1-13 Subsection 1-22.Requirements for Agreements with the Developer..............1-13 Subsection 1-23.Assessment Agreements.................................1-13 Subsection 1-24.Administration of the District...............................1-14 Subsection 1-25.Annual Disclosure Requirements...........................1-14 Subsection 1-26.Reasonable Expectations.................................1-14 Subsection 1-27.Other Limitations on the Use of Tax Increment.................1-14 Subsection 1-28.Summary..............................................1-15 Appendix A Project Description......................................................A-1 Appendix B Map of the Vermillion Street Redevelopment Area and the District.................B-1 Appendix C Description of Property to be Included in the District............................C-1 Appendix D Estimated Cash Flow for the District........................................D-1 Appendix E Minnesota Business Assistance Form.......................................E-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 22 of 86 Appendix F Redevelopment Qualifications for the District..................................F-1 Appendix G Findings Including But/For Qualifications.....................................G-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 23 of 86 Section 1 - Tax Increment Financing Plan for Tax Increment Financing District No. 5 Subsection 1-1.Foreword The Hastings Economic Development and Redevelopment Authority (the "HEDRA"), the City of Hastings (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 5 (the "District"), a renewal and renovation tax increment financing district, located in the Vermillion Street Redevelopment Area. Subsection 1-2.Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HEDRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 to 469.047 and Sections 469.090 to 469.1082, inclusive, as amended, and M.S., 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. Section 1 contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for the Vermillion Street Redevelopment Area. Subsection 1-3.Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights-of-way. (Three parcels were recently replatted into a single parcel and assigned a new property identification number, which is listed in Appendix C.) The District is being created to facilitate the redevelopment of an old gas station and two adjacent properties in the City. Please see Appendix A for further District information. The HEDRA has not entered into an agreement, but it has designated the Linn Investment Properties as the developer at the time of preparation of this TIF Plan. Construction is likely to begin in August, 2010. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Vermillion Street Redevelopment Area. 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 Vermillion Street Redevelopment Area and the District. Subsection 1-4.Redevelopment Plan Overview 1.Property to be Acquired - Selected property located within the District may be acquired by the HEDRA 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 HEDRA 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 HEDRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 24 of 86 District. Subsection 1-5.Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcel 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 HEDRA 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 HEDRA 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 HEDRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 1-6.Classification of the District The City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a renewal and renovation district pursuant to M.S., Section 469.174, Subd. 10a. as defined below: (a)"Renewal and renovation district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the City finds by resolution that: (1)(i) parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures; (ii) 20 percent of the buildings are structurally substandard; and (iii) 30 percent of the other buildings require substantial renovation or clearance to remove existing conditions such as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community; and (2)the conditions described in clause (1) are reasonable distributed throughout the geographic area of the district. (b)For purposes of determining whether a building is structurally substandard, whether parcels are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures, or whether noncontiguous areas qualify, the provisions of subdivision 10, paragraphs (b) through (f) apply. In meeting the statutory criteria the City relies on the following facts and findings: ‡7KH'LVWULFWLVDUHQHZDODQGUHQRYDWLon district consisting of one parcel. ‡$QLQYHQWRU\VKRZVWKDWSDUFHOVFRQVLVWLQJRIPRUHWKDQSHUFHQWRIWKHDUHDLQWKH'LVWULFWDUH occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures. ‡$QLQVSHFWLRQRIWKHEXLOGLQJVORFDWHGZLWKLQWKH'LVWrict finds that more than 20 percent of the buildings Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-2 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 25 of 86 are structurally substandard as defined in the TIF Act. (See Appendix F). ‡$QLQVSHFWLRQRIWKHEXLOGLQJVORFDWHGZLWKLQWKH'LVWrict finds that more than 30 percent of the buildings require substantial renovation or clearance to remove existing conditions such as defined in the TIF Act. (See Appendix F). Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 1-7.Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 15 years after receipt of the first increment by the HEDRA or City (a total of 16 years of tax increment). The HEDRA or City elects to receive the first tax increment in 2013, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2028, or when the TIF Plan is satisfied. The HEDRA or City reserves the right to decertify the District prior to the legally required date. Subsection 1-8.Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 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 2010 for taxes payable 2011. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2013) 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 HEDRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2011, assuming the request for certification is made before June 30, 2011. The ONTC and the Original Local Tax Rate for the District appear in the table on the following page. 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 Vermillion Street Redevelopment Area, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table on the following page. The HEDRA 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 2013. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-3 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 26 of 86 Project Estimated Tax Capacity upon Completion (PTC)$31,266 Original Estimated Net Tax Capacity (ONTC)$4,048 Estimated Captured Tax Capacity (CTC)$27,218 Pay 2010 Original Local Tax Rate1.05483 Estimated Annual Tax Increment (CTC x Local Tax Rate)$28,710 Percent Retained by the HEDRA100% Tax capacity includes a 1.50% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 15. The tax capacity of the District in year one is estimated to be $25,008. Pursuant to M.S., Section 469.177, Subd. 4, the HEDRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined that no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 1-9.Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HEDRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by a pay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of notes to be issued, or other indebtedness related to the use of tax increment financing, will not exceed $245,569 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that up to $40,327 in interfund loans will be financed with tax increment revenues. It is estimated that up to $205,242 in loan proceeds will be financed with tax increment revenues. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HEDRA or City to incur debt. The HEDRA 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 HEDRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HEDRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The total estimated tax increment revenues for the District are expected to be approximately $403,265, as shown in the table below: TOTAL SOURCES OF FUNDS Tax Increment$403,265 Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-4 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 27 of 86 The HEDRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of up to $245,569. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 1-10.Uses of Funds Currently under consideration for the District is a proposal to facilitate the redevelopment of an old gas station and adjacent properties. The HEDRA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described. The HEDRA 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. TOTAL USES OF TAX INCREMENT FUNDS Land/Building Acquisition$100,242 Site Improvements/Preparation$70,000 Public Utilities$15,000 Public Parking Facilities$0 Streets and Sidewalks$20,000 $40,327 Administrative Costs (up to 10%) PROJECT COST TOTAL$245,569 Interest$157,696 PROJECT AND INTEREST COSTS TOTAL$403,265 For purposes of OSA reporting forms, uses of funds include interfund loans, bond principal, TIF Note principal, and transfers, all in the principal amount of $245,569. These amounts are not cumulative, but represent the various forms of "bonds" included within the concept of bonded indebtedness under the TIF Act. The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in Appendix D. 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 above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of the Vermillion Street Redevelopment Area, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-5 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 28 of 86 Subsection 1-11.Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the HEDRA 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 thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2)The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City and HEDRA choose to calculate fiscal disparities by clause a. According to M.S., Section 469.177, Subd. 3: (c)The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 1-12.Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $150,000; (2)Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined 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; Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-6 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 29 of 86 (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 $150,000 or less; and (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. The HEDRA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 1-13.County Road Costs Pursuant to M.S., Section 469.175, Subd. 1a, the county board may require the HEDRA 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 judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the HEDRA or City within forty-five days of receipt of this TIF Plan. In the opinion of the HEDRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads, however the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HEDRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-7 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 30 of 86 Subsection 1-14.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 HEDRA 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 2009/Pay 2010Estimated Captured Total NetTax Capacity (CTC)Percent of CTC Tax CapacityUpon Completionto Entity Total Dakota County 410,126,74527,218 0.0066% City of Hastings18,005,39127,218 0.1512% Hastings ISD No. 20028,050,33227,218 0.0970% IMPACT ON TAX RATES PercentPotential Pay 2010 Extension Ratesof TotalCTCTaxes Dakota County 0.27269025.85%27,218 7,422 City of Hastings0.52677049.94%27,218 14,338 Hastings ISD No. 2000.20206019.16%27,218 5,500 Other0.0533105.05%27,218 1,451 1.054830100.00% Total28,710 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual Pay 2010 rate. The total net capacity for the entities listed above are based on actual Pay 2010 figures. The District will be certified under the actual Pay 2011 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $403,265; (2) Probable impact of the District on city provided services and ability to issue debt. Any impact of the District on police protection is expected to be minimal. The property that is being redeveloped has been vacant for several years, and vacant property can create public safety challenges. A new business on the site will increase public perceptions of security and safety, and will not, in and of itself, necessitate new capital investment in vehicles or facilities or increase staffing requirements. The probable impact of the District on fire protection is expected to be negligible. The City currently has the equipment necessary to provide fire protection to the proposed project. Prior to demolition, Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-8 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 31 of 86 the site contained a wood-frame house and an old gas station with a small unsprinklered building and underground storage tanks. The new development will eliminate those specific risks, and the new building will be fully sprinklered. The financial impact to the fire department will be limited, if any. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The infrastructure for sanitary sewer, storm sewer and water are in place and will be able to handle the slightly increased volume generated from the proposed development. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District is expected to contribute an estimated $11,430 in sanitary sewer (SAC) and water (WAC) connection fees. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $88,000; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $118,752; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Subsection 1-15.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 (b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the HEDRA and City's findings: ‡9HUPLOOLRQ6WUHHW&RUULGRU'HYHORSPHQW*XLGHOLQHV-DQXDU\ ‡3URSRVDOWR&RPSOHWH3KDVH,,(QYLURQPHQWDO6ite Assessment Report for Former Jiffy Station Property Located at 1501 Vermillion Street, Hastings, MN 55033, Thatcher Engineering, Inc., April 11, 2008 ‡/LPLWHG3KDVH,,(6$5HSRUWIRU)RUPHU-LII\6WDWLRQ9HUPLOOLRQ6WUHHW+DVWLQJV01 Thatcher Engineering, Inc., May 2008 ‡$VEHVWRV'HPROLWLRQ6XUYH\5HSRUW7KDWFKHU(QJLQHHULQJ,QF0D\ ‡$GGHQGXPWR0D\$VEHVWRV'HPROLWLRQ6XUYH\5HSRUW7KDWFKHU(QJLQHHULQJ,QF-XO\ 2008 Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-9 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 32 of 86 ‡3URSRVHG5HQHZDODQGRenovation TIF Eligibility Assessment, Hastings, MN, SEH No, HASTI- 103412, Short Elliott Hendrickson (SEH) Inc., August 25, 2008 ‡$VEHVWRV5HSRUW$SSOLHG(QYLURQPHQtal Sciences, Inc., September 19, 2008 ‡7DQN5HPRYDO$VVHVVPHQWIRU)RUPHU-LII\*DV6WDWLRQ/RFDWHGDW9HUPLOOLRQ6WUHHW +LJKZD\ 61), Hastings, MN 55033Thatcher Engineering, Inc., November 2008 , ‡5HSRUWRI6XEVXUIDFH([SORUDWLRQDQG*HRWHFKQLFDO Review, American Engineering Testing, Inc., May 27, 2010 Subsection 1-16.Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1.Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S., Section 469.177; 2.The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3.Principal and interest received on loans or other advances made by the Authority with tax increments; 4.Interest or other investment earnings on or from tax increments; 5.Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6.The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 1-17.Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1.Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2.Increase in amount of bonded indebtedness to be incurred; 3.A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4.Increase in the portion of the captured net tax capacity to be retained by the HEDRA or City; 5.Increase in the estimate of the cost of the District, including administrative expenses, that will be paid or financed with tax increment from the District; or 6.Designation of additional property to be acquired by the HEDRA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If 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 District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HEDRA 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. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-10 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 33 of 86 The HEDRA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 1-18.Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HEDRA 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 District; 3.Relocation benefits paid to or services provided for persons residing or businesses located in the District; or 4.Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5.Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined in M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the HEDRA 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. Subsection 1-19.Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited 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. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-11 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 34 of 86 Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be 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 thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The HEDRA or City or a property owner must improve parcels within the District by approximately July 2014 and report such actions to the County Auditor. Subsection 1-20.Use of Tax Increment The HEDRA 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 public redevelopment costs of the Vermillion Street Redevelopment Area pursuant to M.S., Sections 469.001 to 469.047 and Sections 469.090 to 469.1082; 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 HEDRA or City or for the benefit of the Vermillion Street Redevelopment Area by a developer; 6.To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7.To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Dakota County to the HEDRA for the Tax Increment Fund of said District. The HEDRA or City will pay to the developer(s) annually an amount not to exceed Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-12 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 35 of 86 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 HEDRA or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 1-21.Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1.Prepay any outstanding bonds; 2.Discharge the pledge of tax increment for any outstanding bonds; 3.Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4.Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The HEDRA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the HEDRA 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 Vermillion Street Redevelopment Area or the District. Subsection 1-22.Requirements for Agreements with the Developer The HEDRA 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 HEDRA or City to demonstrate the conformance of the development with City plans and ordinances. The HEDRA 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 HEDRA 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 HEDRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HEDRA or City should the development or redevelopment not be completed. Subsection 1-23.Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8, the HEDRA 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. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-13 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 36 of 86 Subsection 1-24.Administration of the District Administration of the District will be handled by the HEDRA Director. Subsection 1-25.Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the HEDRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 1-26.Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and 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 HEDRA and City staff awareness of the feasibility of developing the project site(s) within the District. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 1-27.Other Limitations on the Use of Tax Increment 1.General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used To finance, or otherwise pay the capital and administration costs of the Vermillion Street Redevelopment Area pursuant to the M.S., Sections 469.001 to 469.047 and Sections 469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2.Pooling Limitations. At least 80 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 20 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-14 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 37 of 86 3.Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 80 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4.Renewal and Renovation District. At least 90 percent of the revenues derived from tax increment from a renewal and renovation district must be used to finance the cost of correcting conditions that allow designation of renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 1-28.Summary The Hastings Economic Development and Redevelopment 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. Hastings Economic Development and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No. 51-15 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 38 of 86 Appendix A Project Description Prior to the proposed redevelopment, the project site contained an abandoned gas station and an old residential structure. The structures were demolished pursuant to a resolution and adopted by the HEDRA (see Appendix F). Special steps were taken to dispose of the asbestos. The gas tanks have been removed. Remaining on the site is four feet of old fill and unstable soils that must be excavated. After completing the soil work, the developer intends to construct an 8,600 sq. ft. retail facility that will contain a NAPA Auto Parts store. AppendixA-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 39 of 86 Appendix B Map of the Vermillion Street Redevelopment Area and the District AppendixB-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 40 of 86 Appendix C Description of Property to be Included in the District The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcel listed below. Parcel Number 19-44700-161-06 Address 1501 Vermillion Street Owner Linn Investment Properties, LLC. AppendixC-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 41 of 86 Appendix D Estimated Cash Flow for the District AppendixD-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 42 of 86 Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm for information and forms. AppendixE-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 46 of 86 Appendix F Redevelopment Qualifications for the District AppendixF-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 47 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 48 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 49 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 50 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 51 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 52 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 53 of 86 Proposed Renewal and Renovation TIF Eligibility Assessment Hastings, MN SEH No. HASTI-103412 August 25, 2008 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 54 of 86 Table of Contents Title Page Table of Contents Page 1.0 Purpose......................................................................................................................2 2.0 Scope of Work............................................................................................................2 3.0 Evaluations.................................................................................................................2 4.0 Findings......................................................................................................................2 5.0 Conclusion.................................................................................................................2 6.0 Supporting Documents Attached.............................................................................2 7.0 Procedural Requirements.........................................................................................2 8.0 Procedures to Follow to Meet Requirements..........................................................2 9.0 Qualification Requirements......................................................................................2 10.0 Measurements Against Technical Test Requirements..........................................2 List of Figures Figure 1 Buildings Figure 2 Occupied Surfaces Figure 3 Percentage Occupied List of Tables Table 1 Site Occupied/Building Substandard Determination List of Appendices Appendix A Asset Detail Report on Building Condition (one per page) Appendix B Reports on Substantial Renovation or Clearance to Remove Existing Conditions for One Building SEH is a registered trademark of Short Elliott Hendrickson Inc. Proposed Renewal and Renovation 103412 Hastings, MN Page i Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 55 of 86 Proposed Renewal and Renovation TIF Eligibility Assessment Prepared for City of Hastings, MN 1.0 Purpose Short Elliott Hendrickson, Inc. (SEH) was hired by the City of Hastings, Minnesota, to survey and evaluate the properties within the proposed Renewal and Renovation Tax Increment Financing (TIF) District. The proposed district is generally located east of the intersection of Vermillion th Street and 15 Street. 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. 2.0 Scope of Work The proposed district consists of 3 parcels comprised of the following types of improvements: 1 commercial structure, 1 single family structure and 1 vacant parcel with parking improvements. 3.0 Evaluations Interior and exterior inspections were completed for all buildings. 4.0 Findings Coverage Test – 3 of the 3 properties met the coverage test with a 100% area coverage. This exceeds the 70% area coverage requirement. Condition of Buildings Test – 50 percent of the buildings – 1 of the 2 buildings - were found to be “structurally substandard” when considering code deficiencies and other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of “structurally substandard” as follows). This exceeds the Condition of Buildings Test Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 56 of 86 whereby 20% of buildings, not including outbuildings, must be found “structurally substandard.” Existing Conditions Test – 50 percent of the buildings – 1 of the 2 buildings - were found to have “existing conditions” requiring substantial renovation or clearance to correct (see definition of “existing conditions” as follows). This exceeds the Existing Conditions Test whereby 20% of buildings must be found “structurally substandard” (see above) and 30% of the other buildings must be found to have “existing conditions.” 5.0 Conclusion Our surveying and evaluating of the properties within this proposed Renewal and Renovation District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for a Renewal and Renovation Tax Increment Financing District (State Statute 469.174 Subd. 10a). 6.0 Supporting Documents Attached Site Occupied/Building Substandard Determination table TIF Assessment Figures: Buildings Under Study, Occupied Surfaces, Percent Occupied Asset Detail Report on Building Condition (one per building) Reports on Substantial Renovation or Clearance to Remove Existing Conditions for One building 7.0 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).” The City of Proposed Renewal and Renovation 103412 Hastings, MN Page - 3 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 57 of 86 Hastings has maintained and has on file, Documentation of Contacts/Evaluations for documentation for these purposes. 8.0 Procedures to Follow to Meet Requirements The City of Hastings sent letters to all property owners located in the district requesting that an inspection and evaluation be made of their property. SEH conducted assessments on June 13, 2008. 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 Hastings provided copies of available building permit information 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. Additionally, copies of police reports and building inspection reports were also provided for the buildings if available. In some cases, completed and approved corrections are noted on the reports. Building data from these public records was combined with and reviewed against information gathered in the field Qualification Requirements The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a renewal and renovation district, required under the following Minnesota Statutes, could be met. Minnesota Statute Section 469.174, Subdivision 10a, clause (a) (1) requires three tests for occupied parcels: Coverage Test 1. – “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.” Condition of Buildings Test 2. – “20 percent of the buildings are structurally substandard;” Proposed Renewal and Renovation 103412 Hastings, MN Page - 4 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 58 of 86 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 steps must be satisfied in order for a are independent of each other and both 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 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. . .” The purpose of the IBC is to provide International Building Code (IBC): 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 Proposed Renewal and Renovation 103412 Hastings, MN Page - 5 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 59 of 86 101.3). 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.”. This chapter sets the Minnesota Accessibility Code, Chapter 1341: 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 Rules/Manufactured Homes, Chapter 1350: This chapter sets the requirements for manufactured homes and closely follows the Federal Manufactured Home Construction and Safety Standards. The standards provide additional safety requirements for residents in these structures. A deficiency in this code would consist of improper installation or lack of seals. 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 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 Proposed Renewal and Renovation 103412 Hastings, MN Page - 6 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 60 of 86 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.” 3. Existing Conditions Test – “. . . and 30 percent of the other buildings require substantial renovation or clearance to remove existing conditions such as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversions, or other identified hazards to the health, safety, and general well-being of the community;” 9.0 Measurements Against Technical Test Requirements Coverage Test SEH utilized a GIS (Geographic Information Systems) system database, available through Dakota County and the City of Hastings, 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. The total square footage of site improvements was then digitally measured and confirmed by general site verification. Proposed Renewal and Renovation 103412 Hastings, MN Page - 7 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 61 of 86 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. 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. 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 (2007) was used as the industry standard for base cost calculations. R. S. Means is a nationally published reference tool for construction cost data. Costs are updated yearly and establish 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. 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. Proposed Renewal and Renovation 103412 Hastings, MN Page - 8 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 62 of 86 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 are 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 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; therefore, a deficiency in the energy code is considered to contribute to a condition requiring substantial renovation or clearance. Proposed Renewal and Renovation 103412 Hastings, MN Page - 9 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 63 of 86 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 usingR. S. Means Cost Data and our professional judgment and experience. Our VFA partner Internet website has a real-time link to the R. S. Means Cost Data. 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 were computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. Each individual Asset Summary Report contains the Requirements Index. The Requirements Index is the ratio of Requirements (Code Deficiencies) divided by current replacement value. 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 20% requirement was met. Technical Conditions Resources – the following list represents the current building codes applicable to new buildings used in the Building Deficiency review: 2007 Minnesota State Building Code 2006 International Building Code 2006 International Residential Code MN 1341 – Minnesota Accessibility Code, Chapter 1341 (2007) MN 1350 – Minnesota Rules/ Manufactured Homes, Chapter 1350 (2007) 2007 Minnesota Energy Code, Chapters 7672, 7674, or 7676 2005 National Electric Code 2000 International Mechanical Code Proposed Renewal and Renovation 103412 Hastings, MN Page - 10 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 64 of 86 Existing Conditions Test – Determining buildings that require renovation or clearance to remove existing conditions: Existing Conditions – Conditions such as inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community, were noted by the evaluator. Data on conditions was collected by the evaluator based on actual site review, discussion with city staff, and building code review. The total number of buildings determined to have existing conditions in this manner was compared to the total number of buildings in the district. If 20% of the buildings were determined to be structurally substandard (see above) and 30% of the other buildings were determined to have existing conditions (combination of the two findings must be equal to or greater than 50%), then the requirement is satisfied. Proposed Renewal and Renovation 103412 Hastings, MN Page - 11 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 65 of 86 List of Figures Figure 1 – Buildings Figure 2 – Occupied Surfaces Figure 3 – Percent Occupied Proposed Renewal and Renovation 103412 Hastings, MN Page - 12 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 66 of 86 1-1 2-1 Coordinate System (ft) CITY OF Dakota County, NAD 83 Legend Source: City of Hastings, Dakota County, and SEH. HASTINGS Buildings Under Study Project Area Parcel Redevelopment Eligibility 05250 Assessment Feet BUILDINGS UNDER STUDY Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 67 of 86 1 2 3 Coordinate System (ft) Dakota County, NAD 83 CITY OF Legend Source: City of Hastings, Dakota County, and SEH. Occupied Surfaces HASTINGS Yes No Buildings Under Study Redevelopment Eligibility 05250 Assessment Project Area Feet Parcel OCCUPIED SURFACES Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 68 of 86 1 2 3 Coordinate System (ft) Legend Dakota County, NAD 83 CITY OF Source: City of Hastings, Percent Improved Dakota County, and SEH. HASTINGS 0 % Developed 1 - 15 % Developed > 15 % Developed Redevelopment Eligibility Buildings Under Study 05250 Assessment Project Area Feet Parcel PERCENT OCCUPIED Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 69 of 86 List of Tables Site Occupied/Building Substandard Determination Proposed Renewal and Renovation 103412 Hastings, MN Page - 13 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 70 of 86 Appendix A Asset Detail Report on Building Condition (one per building) Proposed Renewal and Renovation 103412 Hastings, MN Page - 14 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 72 of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odification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 'ST]VMKLX:*%-RG%PPVMKLXWVIWIVZIH%YK4EKISJ Page 73 of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odification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 'ST]VMKLX:*%-RG%PPVMKLXWVIWIVZIH%YK4EKISJ Page 74 of 86 %WWIX(IXEMP6ITSVX F]%WWIX2EQI %GXMSR 6IUYMVIQIRX2EQI4VMQI7]WXIQ'EXIKSV]4VMSVMX](EXI'SWX )KVIWW)\XIVMSVHSSV PERHMRKPIWWXLERQMR MRHMVIGXMSRSJXVEZIP VIWMHIRXMEPI\GITXMSR!  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Establish TIF Dist No. 5 City Council Report - July 19, 2010 'ST]VMKLX:*%-RG%PPVMKLXWVIWIVZIH%YK4EKISJ Page 79 of 86 %WWIX(IXEMP6ITSVX F]%WWIX2EQI %GXMSR 6IUYMVIQIRX2EQI4VMQI7]WXIQ'EXIKSV]4VMSVMX](EXI'SWX )KVIWW)\XIVMSVHSSV PERHMRKPIWWXLERQMR MRHMVIGXMSRSJXVEZIP VIWMHIRXMEPI\GITXMSR!  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Obsolete Building not suitable for Improvement or Conversion Building is functionally obsolete and not suitable to be modified or converted from current use to a conforming land use. Other Identified Hazards to Health, Safety, and General Well-Being of the Community Poor linkage/transition between the residential, commercial and the conditions within the public rights-of way. The physical and economic difficulties associated with a lot-by-lot or building-by-building renewal of all properties in the project area lead to the conclusion that this type of reinvestment/renewal is unlikely to occur. A more likely and feasible scenario is total redevelopment, which would contribute to the near term and future health and well being of the Hastings community. Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 82 of 86 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 83 of 86 Appendix G Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 5 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1.Finding that the District is a renewal and renovation district as defined in M.S., Section 469.174, Subd. 10a. The District consists of one parcel, with plans to redevelop the area for commercial purposes. The HEDRA obtained a "Proposed Renewal and Renovation TIF Eligibility Assessment" dated June 23, 2008, prepared by SEH. Based on that report, it has been determined that parcels consisting of 70% of the area of the District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and at least 20% of the buildings located in the District were structurally substandard and at least 30% of the other buildings require substantial renovation or clearance to remove existing conditions such as inadequate street lay-out, incompatible uses or land-use relationships, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community. Specifically, the parcel in the District was previously three separate parcels that have been assembled for redevelopment. The original parcels contained an abandoned gas station with underground tanks that required removal, an obsolete gas station building not suitable for renovation and containing asbestos, an old house containing asbestos that was the only residential structure on the commercial block, and a portion of the adjacent bank property that was underutilized. The structures have been demolished and the underground tanks have been removed under a development agreement between the HEDRA and the property owner and HEDRA Resolution 7-2008, and in accordance with M.S., Section 469.174, Subd. 10(d) that provides that a parcel of property on which a structurally substandard building or other buildings and improvement have been demolished by a tax increment authority or by a developer under a development agreement with the authority may still be treated as occupied by such building or improvements for purposes of creating a renewal and renovation tax increment financing district if prior to the demolition the authority finds by resolution that the parcel was occupied by a structurally substandard building or other buildings and improvements and that the authority intends to include the parcel in a tax increment district. (See Appendix F of the TIF Plan.) The District is in the public interest because it will it redevelop substandard areas where extensive soil corrections, tank removal and asbestos abatement have been needed, provide an impetus for commercial development, and preserve and enhance the tax base of the state. 2.Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the 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 the TIF Plan meets the City's objectives for redevelopment. The site is located within the Vermillion Street Redevelopment area - a key commercial corridor in the City. The old gas station was constructed in 1971 and has been closed and vacant for over 10 years without any redevelopment occurring. The gas station site by itself was AppendixG-1 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 84 of 86 not large enough to support new retail until the current developer, Lynn Properties, acquired the old house and underutilized bank property to the south to assemble a parcel big enough to provide retail, off-street parking, and improved site access through the alley. Due to the high cost of assembling the land, removing the existing structures and improvements, and replacing four feet of unbuildable soils and improving vehicle access, this project is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of 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 District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land assembly, demolition, and site improvements add to the total redevelopment cost. Without tax increment financing assistance, the current owner could not afford to assemble the site from the three parcels. Redevelopment of the vacant gas station alone is not viable, and the site is too small to attract a retail or commercial tenant that can pay a high enough rent to support new construction and redevelopment costs. Redevelopment of the vacant gas station was not financially feasible, as evidenced by the decade it remained vacant without a buyer. The City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a.The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b.If the proposed development occurs, the total increase in market value will be $1,048,000 (see Appendix D and G of the TIF Plan) c.The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $246,457 (see Appendix D and G of the TIF Plan). d.Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $801,543 (the amount in clause b less the amount in clause c) without tax increment assistance. MARKET VALUE BUT / FOR ANALYSIS Current Market Value - Est.239,900 New Market Value - Est.1,287,900 Difference1,048,000 Present Value of Tax Increment246,457 Difference801,543 Value likely to occur without Tax Increment is less than:801,543 AppendixG-2 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 85 of 86 3.Finding that the TIF Plan for the 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 the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The project to be assisted by the District will result in preservation and enhancement of the tax base, and an impetus for commercial by the renovation of substandard properties along Vermillion Street. AppendixG-3 Modification of Redev Plan - Establish TIF Dist No. 5 City Council Report - July 19, 2010 Page 86 of 86