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HomeMy WebLinkAbout2015-025 (Modify the Tax Increment Financing Plan of Tax Increment District 11)RESOLUTION NO. 2015-025 A RESOLUTION TO MODIFY THE TAX INCREMENT FINANCING PLAN OF DISTRICT 11 WHEREAS, the Tax Increment Financing Plan for Tax for Tax Increment Financing District No. 11 (the Plan) was adopted by the City Council on January 3, 2014, and; WHEREAS, the Washington County Auditor Certified the Original Net Tax Capacity of the District on June 12, 2014, and; WHEREAS, the Plan was filed with the Auditor of the State of Minnesota as required by law on June 17, 2014, and; WHEREAS, the Office of the TIF Division of the State Auditor has requested that the Plan be modified to make more clear the allocation of tax increment expected from the district and expected uses, and; WHEREAS, the modifications required do not require the same procedures required for approval of the Original Plan since the amendments do not enlarge the project area, increase the net tax capacity, increase project costs or designate addition property. The modification does not increase the bonded indebtedness but merely clarifies the amount of pay as you go and inter fund loans that were described in different sections of the Plan. The modification reallocates the OFUs set forth in the Original Plan, and; NOW THEREFORE BE IT RESOLVED, as follows: 1. Section 2.03 of the Plan be modified by adding to the following clause: "Section 2.03. Eligible site improvements and site preparation costs, as described in Exhibit A to Exhibit C, of the Plan may be reimbursed to a developer up to $1,462,000. Public improvements may be funded up to $2,261,055." 2. Section 2.10 of the Plan be modified by restating that Section that will hereafter read as follows: "Section 2.10. Sources of Revenue/Bonded Indebtedness. a. Sources. Public improvements costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, site preparation costs and other costs outlined in the Use of Funds will be financed through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developers and investment income, to pay for the estimated public costs. 2015. b. Bonded Indebtedness. The City may pay eligible developer site improvements and site preparation costs undertaken pursuant to the Plan by making up front payments of up to $287,500 that will be financed through interfund loans and to reimburse a developer on a -pay -as you go basis for eligible site improvements costs incurred by a developer up to $862,500.00, for a total of up to $1,150,000. REVENUES AND OTHER FINANCING (OFSs) SOURCES BUDGET AMOUNT Tax Increment Revenue Site improvements/preparation costs $4,168,632 Interest and Investment Earnings $2,261,055 $37,509 Total Estimated Project/Revenues Estimated Interest Expense $4,206,141" 3. Section 2.11 of the Plan be modified by changing the OFU table to hereafter read as follows: "EXPENDITURES AND OTHER FINANCING USES (OFUs) BUDGET AMOUNT Land/building acquisition -0- Site improvements/preparation costs $1,462,000 Other Public Improvements $2,261,055 Administrative Costs $294,219 Estimated Interest Expense $188,867 Total Estimate Project Costs to be paid from Tax Increment $4,206,141 Estimated Financing Total amount of Bonds to be issued: up to $1,150,000" Enacted by the vote of City Council of the City of Stillwater this 3rd day of February, -2- CITY OF STILLWATER sZer Ted Kozlowski, Mayor ATTEST: A., WaAf,L.. Diane F. Ward, Clerk MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE#260 • STILLWATER, MN 55082-5165 TELEPHONE: (651)439-9464 • FACSIMILE: (651)439-5641 W11'W.MAGNUSONLAW FIRM.COM DAVID T. MAGNUSON DTMAGNUSON@MAGNUSONLA W FIRM.COM MEMORANDUM CASI R. BUTTS CRL3®MAGNUSONLA W FIRM.coM TO: City Council and City Staff FROM: David T. Magnuson DflAil DATE: January 27, 2015 RE: Modification of the Financing Plan for TIF District No. 11 The Financing Plan for Tax Increment District No. 11 was adopted in June of 2014 and once the Original Tax Capacity of the District was certified by Washington County, the Plan was filed with the State Auditor. This is standard procedure for the creation of a TIF District. With all new plans, and in the ordinary course of business, the State Auditor examines new plans and comments with suggestions for changing the Plans to comply with all the requirements of TIF Law. In December of 2014, the Auditor's office informally contacted the City and suggested several changes in the Plan to clarify and make more understandable how the expected TIF would be budgeted for planned uses. Staff views the modifications as administrative, and to clarify options made in the Plan that were not clearly explained. The attached Resolution make the needed corrections. Staff stands ready to answer any questions. DTM/jp