110315 Planning1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, November 3, 2015
7:00 p.m.
4. PUBLIC HEARING
4.1 PC 15-20, Industrial Equities Increment Financing District, City of New Hope,
petitioner.
5. COMMITTEE REPORTS
5.1 Design and Review Committee - next tentative meeting scheduled for
Thursday, November 12, 2015, 7:30 a.m.
5.2 Codes and Standards Committee - next meeting scheduled for Wednesday,
November 18,2015,5:30 p.m.
b. NEW BUSINESS
7. OLD BUSINESS
7.1 Approve September 1, 2015, Planning Commission Minutes
8. ANNOUNCEMENTS
9. ADJOURNMENT
Petitioner must be in attendance at the meeting
PLANNING CASE REPORT
City of New Hope
Meeting Date: November 3, 2015
Report Date: October 27, 2015
Planning Case: PC 15-20
Petitioner: City of New Hope
Address: 4300 Xylon Avenue North
Project Name: Industrial Equities Increment Financing District
Project Description: Establishment of the Industrial Equities Tax Increment Financing District
Planning Request: Review plans for the Industrial Equities Tax Increment Financing District
I. Background
At the October 12, 2015 City Council meeting, staff and representatives from the city's redevelopment
consultants, Ehlers & Associates, Inc., identified the need to conduct a public hearing for the creation of
a Tax Increment Financing (TIF) district for the Industrial Equities property located at 9449 Science
Center Drive. The City Council called for a public hearing to consider this request for the November
23, 2015 City Council meeting. This action and the establishment of a TIF plan and district will, if
approved, help the developer reimburse costs associated with the demolition and asbestos remediation
in preparation for the construction of a new 48,000 square foot industrial building. The developer is
seeking approximately $250,000 for the demolition and asbestos abatement.
II. Proposal
Minnesota State Statutes require that the Planning Commission review and make written comments on
the TIF plans prior to the City Council establishing the TIF district. Attached, please find the draft
resolution and the TIF plans for the creation of the Industrial Equities TIF District.
III. Notification
Legal notice for the public hearing was published in the SunPost newspaper.
IV. Recommendation
Staff recommends that the Planning Commission review the attached Industrial Equities Tax Increment
Financing Plan and approve the Resolution finding that the Industrial Equities TIF plan conforms to the
general plans for the development and redevelopment of the city.
Attachments:
• Resolution
• Ehlers Memo
• Kmart TIF Plan
Planning Case Report 15-20 Page 1 11/3/15
PLANNING COMMISSION
CITY OF NEW HOPE, MINNESOTA
RESOLUTION NO.
RESOLUTION OF THE CITY OF NEW HOPE PLANNING COMMISSION
FINDING THAT A MODIFICATION TO THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT NO. 1 AND A TAX INCREMENT FINANCING
PLAN FOR THE INDUSTRIAL EQUITIES TAX INCREMENT FINANCING
DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT
AND REDEVELOPMENT OF THE CITY.
WHEREAS, the New Hope Economic Development Authority (the "EDA") and the City of New
Hope (the "City") have proposed to adopt a Modification to the Redevelopment Plan for Redevelopment
Project No. 1 (the "Redevelopment Plan Modification") and a Tax Increment Financing Plan for the
Industrial Equities Tax Increment Financing District (the "TIF Plan") therefor (the Redevelopment Plan
Modification and the TIF Plan are referred to collectively herein as the "Plans") and have submitted the
Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section
469.175, Subd. 3, and
WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general
plans for the development and redevelopment of the City as described in the comprehensive plan for the
City.
NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general
plans for the development and redevelopment of the City as a whole.
Dated: November 3, 2015
Steve Svendsen, Chair
ATTEST:
Emily Becker, Recording Secretary
Memo
To: Jeff Sargent, Community Development Director
From: Jason Aarsvold, Ehlers
Date: October 7, 2015
Subject: Analysis of Request for Assistance — Industrial Equities: 9449 Science
Center Drive (former Broadband Site)
The City received a proposal from Industrial Equities to redevelop the property at 9449 Science
Center Drive. The project includes demolition of the existing structure, environmental
remediation, soil corrections, and construction of a new, 48,000 square foot office/warehouse
building. The project is expected to commence this fall and be completed in 2016.
Because of the increased costs associated with redevelopment of the property, the developer is
requesting $250,000 in Tax Increment Financing (TIF) assistance from the City. This memo is
intended to review the need for TIF assistance based on our analysis of the developer's project
budget and projections, generally known as a pro forma.
Ehlers conducted a thorough review of the developer's budget and operating pro forma to
ensure all development costs, anticipated revenues, and expenditures are represented
appropriately. The table below depicts the proposed sources and uses for the project.
SOURCES
Developer Financing - 1st Mortgage 3,070,900 70.00%
Developer Equity 1,316,100 30.00%
TOTAL SOURCES 4,387,000 100.00%
USES
Acquisition Costs
683,000
15.57%
4.46
Construction Costs
3,164,000
72.12%
65.92
Professional Services
213,000
4.86%
4.44
Financing Costs
117,000
2.67%
2.44
Developer Fee
150,000
3.42%
3.13
TOTAL USES
4,387 000
91.40
Generally, this project meets the expectations of an officelwarehouse project with regards to the
financing structure, projected revenues, on-going operational costs and developer fee.
Following are our findings relating to the analysis completed for the development:
EHLERS
LEADERS IN PUBLIC FINANCE
C,
www, ehlers-inc, cam
Minnesota phone 651-697-8500 3060 Centre Pointe Drive
OfFioes also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122
tall free 800-552-1171
Jeff Sargent, Director of Community Development
Analysis of Request For Assistance — Industrial Equities
October 7, 2015
Page 2
• The developer is proposing permanent financing for 70% of the project cots and will
bring 30% in equity, or approximately $1.3 million. This financing structure is in line with
typical industrial projects.
• The total development costs for this project are approximately $4.39 million, or $91 per
square foot. Based on our experience with similar projects, this is within the expected
range.
• The developer fee of $150,000 is 3.42 percent of total development costs. Fora project
of this nature, we would expect to see a developer fee between 3% and 5%, so the fee
is commensurate with typical industry standards.
• Proposed rents are $9.75 per square foot for office space and $4.75 per square foot for
warehouse space. These rents are consistent with the surrounding market area.
• The projected cash -on -cost return on investment in year three (3) is 5.5% without
assistance and 6.28% with assistance. Industrial developers are typically seeking a
cash -on -cost return of between 7% and 9%. Even with the requested assistance, this
project still falls slightly below the typical industry threshold for desired return on
investment.
In addition to review of the project's pro forma, we also reviewed the proposed extraordinary
costs associated with redevelopment of the property. This review is a way to further establish
the need for assistance and ensure the developer will incur sufficient qualified costs eligible for
TIF reimbursement.
The total anticipated cost for demolition of the building, environmental remediation and site
grading totals $252,923. These costs were confirmed based on a quote provided from a
reputable contractor to ready the site for development.
Recommendations
Based on our review of the developer's pro forma and current market conditions, the proposed
development may not reasonably be expected to occur solely through private investment within
the reasonably near future. Due to the costs associated with redeveloping the property, this
project is feasible only through assistance, in part, from City contributions.
Furthermore, the requested amount of $250,000 is warranted by the actual anticipated qualified
redevelopment costs that will be incurred and the fact that the anticipated return on investment
is still below typical industry standards.
The developer has indicated that they are accepting of this proposal and are willing to move
forward based upon the TIF assistance.
Please contact me at 651-697-8512 with any questions.
As of October 27, 2015
Draft for Planning Commission
Modification to the Redevelopment Plan
for Redevelopment Project No. 1
and the
Tax Increment Financing Plan
for the establishment of
the Industrial Equities Tax Increment Financing District
(a renewal and renovation district)
within
Redevelopment Project No. 1
New Hope Economic Development Authority
City of New Hope
Hennepin County
State of Minnesota
Public Hearing: November 23, 2015
Adopted:
EHLERS Prepared by: EHLERS &ASSOCIATES, INC.
4a 346D Centre Pointe Drive, Roseville, Minnesota 55113-1105
651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
I
Table of Contents
(for reference purposes only)
Section 1 - Modification to the Redevelopment Plan
for Redevelopment Project No. 1 s .. t ...............
Foreword ........................................................... 1-1
Section 2 -Tax Increment Financing Plan
for the Industrial Equities Tax Increment Financing District .......... . . . ..........
2-1
Subsection 2-1.
Foreword ...............................................
2-1
Subsection 2-2.
Statutory Authority .................... . .. . ................
2-1
Subsection 2-3.
Statement of Objectives ......... . . ... . . . . ............. , .. ,
2-1
Subsection 24.
Redevelopment Plan Overview ... _ . , , .... , . ...............
2-1
Subsection 2-5.
Description of Property in the District and Property To Be Acquired .
2-2
Subsection 2-6.
Classification of the District ...............................2-2
Subsection 2-7.
Duration and First Year of Tax Increment of the District ...........
2-3
Subsection 2-8.
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment
and Notification of Prior Planned Improvements , .... .....
2-3
Subsection 2-9.
Sources of Revenue/Bonds to be Issued . ..... . . ..............
24
Subsection 2-10.
Uses of Funds ......... ............
2-5
Subsection 2-11.
Fiscal Disparities Election . ... . ....... . . . .. , . ...... ..
2-5
Subsection 2-12.
Business Subsidies ..... . ...... . ... . . . . . . .. . . .... . .. . .
2-6
Subsection 2-13.
County Road Costs ....... . .......................... . .
2-7
Subsection 2-14.
Estimated Impact on Other Taxing Jurisdictions ... . .. . . ......
2-7
Subsection 2-15.
Supporting Documentation .......... _ . . ... . . . . . . . . . .....
2-9
Subsection 2-16.
Definition of Tax Increment Revenues ... . . . . . .. . . . . . ....
2-9
Subsection 2-17.
Modifications to the District .. , .... , , , 3 ,
2-9
Subsection 2-18.
Administrative Expenses .... , ............... . . .. . . . .......
2-10
Subsection 2-19.
Limitation of Increment .. ........................ . .... . .
2-11
Subsection 2-20.
Use of Tax Increment .. . .... . ............ . .... . . . ... . ....
2-12
Subsection 2-21.
Excess Increments ........ , ....... . . ........ . .. . . . . . .
2-12
Subsection 2-22.
Requirements for Agreements with the Developer . . . . . . .. . . ...
2-13
Subsection 2-23.
Assessment Agreements ................ . ............ . .
2-13
Subsection 2-24.
Administration of the District ....... . ........... . . . . .... . ...
2-13
Subsection 2-25.
Annual Disclosure Requirements - ................. . ...... . .
2-13
Subsection 2-26.
Reasonable Expectations ...... , , . , , , , , , , , , , ,,, , , , ,
2-13
Subsection 2-27.
Other Limitations on the Use of Tax Increment , , , , .. , .
2-14
Subsection 2-28.
Summary . ..... _ ..
2-14
Appendix A
Project Description ........ ......................... A-1
Appendix B
Map of Redevelopment Project No. 1 and the District , , , , , , , ,,, , , ,, B-1
Appendix C
Description of Property to be Included in the District ......... . . . . , ... C-1
Appendix D
Estimated Cash Flow for the District ......... , .. . ....... . ... . ... D-1
Appendix E
Minnesota Business Assistance Form .. _ ..... . .. . . .... . ...... . . . . ........... E-1
Appendix F
Redevelopment Qualifications for the District ... .. ......................... F-1
Appendix G
Findings Including ButlFor Qualifications , .. ._....................... . .... .. , _ G-1
Section 9 - Modification to the Redevelopment Plan
for Redevelopment Project No. 1
Foreword
The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 1.
This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan
for Redevelopment Project No. 1. Generally, the substantive changes include the establishment of Industrial
Equities Tax Increment Financing District.
For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is
recommended. It is available from the City Manager at the City of New Hope. Other relevant information
is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within
Redevelopment Project No. 1.
New Hope Economic Development Authority
Modification to the Redevelopment Plan for Redevelopment Project No. 9 t_t
Section 2 - Tax Increment Financing Plan
for the Industrial Equities Tax Increment Financing District
Subsection 2-1. Foreword
The New Hope Economic Development Authority (the "EDA"), the City ofNew Hope (the "City"), staff and
consultants have prepared the following information to expedite the establishment of the Industrial Equities
Tax Increment Financing District (the "District"), a renewal and renovation tax increment financing district,
located in Redevelopment Project No. 1.
Subsection 2-2. Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota
Statutes ("MS.'), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to
469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant
information is contained in the Modification to the Redevelopment Plan for Redevelopment Project No. 1.
Subsection 2-3. Statement of Objectives
The District currently consists of one parcel of land and adjacent and internal rights-of-way. The District is
being created to facilitate Redevelopment of a substandard property and construction of a new 48,000 square
foot office warehouse project in the City. Please see Appendix A for further District information. The EDA
will enter into an agreement with Industrial Equities for the project at the time the TIF Plan is approved. This
TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for
Redevelopment Project No. 1.
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 Redevelopment Project No. 1 and the District.
Subsection 2-4. Redevelopment Plan Overview
1. Property to be Acquired -Selected property located within the District maybe acquired by
the EDA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
MS., 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 EDA 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 EDA or City may perform or provide for some oral] necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information
on the location of the District.
The EDA 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 EDA 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 EDA 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 2-6. Classification of the District
The EDA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1794, as amended, inclusive, 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 aproject, within which the Cityfinds by resolution that:
(1) (1) parcels consistings 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
tot he health, safety, and general well-being of the community, and
(2) the conditions described in clause (1) are reasonably distributed throughout the geographic
area of the district.
(b) Forpurposes ofdetermining whether a building is structurally substandard, whetherparcels are
occupied by buildings, streets, utilities, paved or gravel parking lots, or other similarstructures,
or whether noncontiguous areas qualify, the provisions of subdivision 10, paragraphs (b)
through (fl apply.
In meeting the statutory criteria the EDA and City rely on the following facts and findings:
• The District is a renewal and renovation district consisting of one parcel.
• An inventory shows that parcels consisting of more than 70 percent of the area in the District are
occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures.
• An inspection of the buildings located within the District finds that more than 20 percent of the buildings
are structurally substandard as defined in the TIF Act. (See Appendix F).
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-2
An inspection of the buildings located within the District 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). The existing building on the parcel is scheduled for demolition.
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, 273.112, or 273.114 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 2-7. 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 MS., Section 469.176, Subd. Ib.,
the duration of the District will be 15 years after receipt of the first increment by the EDA or City (a total of
26 years of tax increment). The EDA or City elects to receive the first tax increment in 2018, 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
2033, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to
the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/increment and Notification of Prior Planned Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2015 for taxes payable 2016.
Pursuant to MS, Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2017) 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 ONTO, no
value will be captured and no tax increment will be payable to the EDA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2016, assuming the
request for certification is made before June 30, 2016. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to MS., 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 Redevelopment Project No. 1, upon completion of
the projects within the District, will annually approximate tax increment revenues as shown in the table
below. The EDA 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 2018. The Project Tax Capacity
(PTC) listed is an estimate of values when the projects within the District are completed.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-3
Project Estimated Tax Capacity upon Completion (PTC)
$73,614
Original Estimated Net Tax Capacity (ONTC)
$7,250
Fiscal Disparities Contribution
$22,579
Estimated Captured Tax Capacity (CTC)
$43,785
Original Local Tax Rate
1.45643 Pay 2015
Estimated Annual Tax Increment (CTC x Local Tax Rate)
$63,770
Percent Retained by the EDA
100%
Tax capacity includes a 3% 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 $47,250.
Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found no parcels for which building
permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the
City.
Subsection 2-9. 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 EDA 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 bond issue/pay-as-you-go
note/interfund loan/transfer. Any refunding amounts will be deemed a budgeted cost without a formal TIF
Plan Modification. This provision does not obligate the EDA or City to incur debt. The EDA 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 total estimated tax increment revenues for the District are shown in the table below:
SOURCES OF FUNDS TOTAL
Tax Increment $800,823
Interest $80,082
TOTAL $880,905
The EDA 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 $644,362. Such bonds maybe in the form of pay-as-you-
go notes, revenue bonds or notes, general obligation bonds, or interf nid loans. This estimate of total bonded
indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-4
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate redevelopment of a substandard
property and construction of a new 48,000 square foot office warehouse project in the City. The EDA and
City have determined that it will be necessary to provide assistance to the project(s) for certain District costs,
as described. The EDA has studied the feasibility of the development or redevelopment of property in and
around the District. To facilitate the establishment and development or redevelopment of the District, this
TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The
estimate of public costs and uses of funds associated with the District is outlined in the following table.
USES OF TAX INCREMENT FUNDS TOTAL
Land/Building Acquisition $250,000
Site Improvements/Preparation $250,000
Utilities $50,000
Other Qualifying Improvements $14,280
Administrative Costs fup to 10%) $80,082
PROJECT COST TOTAL $644,362
Interest 1126 543
PROJECT AND INTEREST COSTS TOTAL $880,905
The total project cost, including financing costs (interest) listed in the table above does not exceed the total
projected tax increments for the District as shown in Subsection 2-9.
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 Redevelopment Project No. 1, (including administrative costs, which are considered to be
spent outside of the District) subject to the limitations as described in this TIF Plan.
Subsection 2-11. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the EDA 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 b, (within the District) are
followed, the following method of computation shall apply:
(1) The original net tax capacity shall be determined before the application of the fiscal disparity
provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal
disparity commercial -industrial net tax capacity increase between the original year and the
current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section
276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax
capacity is equal to orgreater than the current net tax capacity, there is no captured tax capacity
and no tax increment determination. Where the original tax capacity is less than the current tax
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-5
capacity, the difference between the original net tax capacity and the current net tax capacity
is the captured net tax capacity. This amount less any portion thereof which the authority has
designated, in its tax increment financing plan, to share with the local taxing districts is the
retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the
net tax capacity of the local taxing districts in determining local taxing district tax rates. The
local tax rates so determined are to be extended against the retained captured net tax capacity
of the authority as well as the net tax capacity of the local taxing districts. The tax generated by
the extension of the less of (A) the local taxing district tax rates or (B) the original local tax rate
to the retained captured net tax capacity of the authority is the tax increment of the authority.
The EDA will choose to calculate fiscal disparities by clause b.
According to M.S., Section 469.177, Subd. 3:
(c) The method of computation of -tax increment applied to a district pursuant to paragraph (a) or
(b) shall remain the same for the duration of the district, except that the governing body may
elect to change its election from the method of computation in paragraph (a) to the method in
paragraph (b).
Subsection 2-12. 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 Iocal government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-6
(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;
(2 i) Business loans and loan guarantees of $150,000 or less;
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
(23) Property tax abatements granted under M.S., Section 469.1513 to property that is subject to
valuation under Minnesota Rules, chapter 8100.
The EDA will comply with M.S., Sections 116).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 2-13. County Road Costs
Pursuant to M.S., Section 469.175, Subd. ]a, the county board may require the EDA 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 EDA or City within forty-
five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed
development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan
was not forwarded to the county 45 days prior to the public hearing. The EDA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2-14. 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 EDA 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:
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-7
IMPACT ON TAX BASE
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual Pay 2015 rate. The total net capacity for the entities listed above are based
on actual Pay 2015 figures. The District will be certified under the actual Pay 2016 rates, which were
unavailable at the time this TIP Plan was prepared.
Pursuant to M.S. Section 469.175 Suhd. 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 $800,823;
(2) Probable impact of the District on ci jy provided services and ability to issue debt. An impact of the
District on police protection is expected. With any addition of new residents or businesses, police
calls for service will be increased. New developments add an increase in traffic, and additional
overall demands to the call load. The City does not expect that the proposed development, in and
of itself, will necessitate new capital investment in vehicles or staffing.
The probable impact of the District on fire protection is not expected to be significant. Typically new
buildings generate few calls, if any, and are of superior construction.
The impact of the District on public infrastructure is expected to be minimal. The development is
not expected to significantly impact any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional 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 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
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-8
2014/Pay 2015
Estimated Captured
Total Net
Tax Capacity (CTC) Percent of CTC
Tax Capacity
Upon Completion
to Entity Total
Hennepin County
1,354,654,515
43,785
0.0032%
City of New Hope
14,377,138
43,785
0.3045%
Robbinsdale ISD No. 281
75,261,253
43,785
0.0582%
IMPACT ON TAX RATES
Pay 2015
Percent
Potential
Extension Rates
of Total
CTC
Taxes
Hennepin County
0.463980
31.86%
43,785
20,315
City of New Hope
0.559780
38.44%
43,785
24,510
Robbinsdale ISD No. 281
0.332260
22.81%
43,785
14,548
Other
0.100410
6.89%
43.785
4,396
Total
1.456430
100.00%
63,770
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual Pay 2015 rate. The total net capacity for the entities listed above are based
on actual Pay 2015 figures. The District will be certified under the actual Pay 2016 rates, which were
unavailable at the time this TIP Plan was prepared.
Pursuant to M.S. Section 469.175 Suhd. 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 $800,823;
(2) Probable impact of the District on ci jy provided services and ability to issue debt. An impact of the
District on police protection is expected. With any addition of new residents or businesses, police
calls for service will be increased. New developments add an increase in traffic, and additional
overall demands to the call load. The City does not expect that the proposed development, in and
of itself, will necessitate new capital investment in vehicles or staffing.
The probable impact of the District on fire protection is not expected to be significant. Typically new
buildings generate few calls, if any, and are of superior construction.
The impact of the District on public infrastructure is expected to be minimal. The development is
not expected to significantly impact any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional 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 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
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-8
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 $182,668;
(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 $255,142;
(5) Additional information reguested 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 2-15. Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. I (a), clause 7 the TIF Plan must contain identification and
description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd.
3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of
reports and studies on file at the City that support the EDA and City's findings:
• A list of applicable studies will be listed here prior to the public hearing.
Subsection 2-16. 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 underM.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 2-17. 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
New Hope Economic Development Authority
Tax Increment Financing plan for the Industrial Equities Tax Increment Financing District 2-9
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 EDA or City;
5. Increase in the estimate ofthe cost ofthe District, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA 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 renewal and renovation 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(a), 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 EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the
original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s)
eliminated from the District.
The EDA 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 2-1$. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA 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;
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.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-10
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 EDA or City and the County Treasurer shall pay the amount
deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be
appropriated to the State Auditor for the cost of financial reporting of tax increment financing information
and the cost of examining and auditing authorities' use of tax increment financing. This amount may be
adjusted annually by the Commissioner of Revenue.
Subsection 2-19. 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.
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
incrementfinancingdistrictpursuanttoM..S., Section 469.177, nodemolition, rehabilitation
or renovation ofproperty 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 incrementf nancing 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 othersite preparation on thatparcel
including qualified improvement ofa street adjacent to thatparcel, in accordance with the
tax incrementfinancingplan, the authority shall certify to the county auditor that the activity
has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity
ofthetax incrementfanancingdistrict, The county auditor must enforce theprovisions ofthis
subdivision. The authority must submit to the county auditor evidence that the required
activity has taken place for each parcel in the district. The evidence for a parcel must be
submitted by February 1 of the fifth yearfollowing the year in which the parcel was certified
as included in the district. For purposes of this subdivision, qualified improvements of a
street are limited to (1) construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing street.
The EDA or City or a property owner must improve parcels within the District by approximately November
2019 and report such actions to the County Auditor.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-11
Subsection 2-20. Use of Tax Increment
The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. To finance, or otherwise pay the cost of redevelopment of the Redevelopment Project No. i pursuant
to MS., 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
EDA or City or for the benefit of Redevelopment Project No. 1 by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
M.S., Chapter 4620 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 MS,, 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 Hennepin to the EDA for the Tax Increment Fund
of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an amount
as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,
demolition and relocation, site preparation, and administration. Remaining increment funds will be used for
EDA or City administration (up to 10 percent) and for the costs of public improvement activities outside the
District.
Subsection 2-21. 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 EDA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to
modify the TIIa Plan in order to finance additional public costs in Redevelopment Project No. 1 or the
District.
New Hope Eoonomic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2_12
Subsection 2-22. Requirements for Agreements with the Developer
The EDA 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 EDA or City to demonstrate the conformance of the
development with City plans and ordinances. The EDA 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 EDA 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 EDA
or City concluded an agreement for the development or redevelopment of the property acquired and which
provides recourse for the EDA or City should the development or redevelopment not be completed.
Subsection 2-23. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2-24. Administration of the District
Administration of the District will be handled by the City Manager.
Subsection 2-25. Annual Disclosure Requirements
Pursuant to MB:, Section 469.175, Subds. 5, 6, and 6b the EDA 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. MS., Section 469.175, Subd. 5 also provides that an annual statement
shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S., Section
469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the
distribution of tax increment from the District.
Subsection 2-26. 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
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-13
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 EDA
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 2-27. Other Limitations on the Use of Tax Increment
General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the
Redevelopment Project No. 1 pursuant to M.S, 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 maybe expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 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, 75 percent of said tax increments that remain after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5.
4. 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 redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd.
4j. These costs include, but are not limited to, acquiring properties containing structurally substandard
buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent
parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation
of structures, clearing of the land, the removal of hazardous substances or remediation necessary for
development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site.
The allocated administrative expenses of the EDA or City, including the cost of preparation of the
development action response plan, may be included in the qualifying costs.
Subsection 2-28. Summary
The New Hope 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.
New Hope Economic Development Authority
Tax Increment Financing Plan for the Industrial Equities Tax Increment Financing District 2-14
Appendix A
The project includes demolition of an existing two level structure, removal of hazardous materials,
clearing and grading the site for redevelopment. The reuse of the property will included construction of a new
48,000 square foot office warehouse project.
Appendix A_1
Appendix B
Map of Redevelopment Project No. 1 and the District
Appendix B_1
Appendix C
Description of Property to be Included in the District
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcel listed below.
I Parcel Numbers I Address I Owner
1 07-118-21-22-0013 I 9449 Science Center Dr. I Industrial Equities - New Hope
Appendix C-1
Appendix D
Estimated Cash Flow for the District
Appendix D-1
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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
httv://www.deed.state.nm.us/Community/subsidies/MBAFForm.htm for information and forms.
Appendix E-1
Appendix F
Redevelopment Qualifications for the District
To be added to prior to the public hearing
Appendix F-9
Appendix G
Findings Including But/For Qualifications
To be added to prior to the public hearing
But -For Analysis
Current Market Value 400,000
New Market Value - Estimate 2,400,000
Difference 2,000,000
Present Value of Tax Increment 539,942
Difference 1,460,058
Value Likely to Occur Without TIF is Less Than: 1,460,058
Appendix G-1
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES September 1, 2015
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Chair Svendsen called the meeting to order at 7:00
p.m.
ROLL CALL Present: Christopher McKenzie, Greg Gehring, Wade English, Roger
Landy, Bill Smith, Scott Clark, Jim Brinkman, Steve Svendsen
Absent: Tom Schmidt
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich, Community Development Specialist; Stacy Woods,
Assistant City Attorney; Alan Brixius, Planning Consultant; Jeff
Alger, Community Development Assistant; Emily Becker,
Recording Secretary
PUBLIC HEARING
Planning Case 15-17 Chair Svendsen introduced Item 4.1, request for approved Conditional Use
Item 4.1 Permit amendment to allow a rental truck/trailer staging area outside of
the approved outdoor storage area, 9300 — 52nd Avenue North, Sheldon
Badzin of Mayflower New Hope Properties, LLC, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, stated that
Mayflower New Hope Properties would like to amend an existing
Conditional Use Permit, approved in January of 2015 to allow conversion
of the outdoor building to a self storage facility, to allow the storage of
rental trucks and trailers outside of their approved outdoor storage area.
The request will require a deferment of required parking in conjunction
with an amendment to the existing Conditional Use Permit.
Chirpich explained that the City Building Official cited the property for
storing rental trucks and trailers outside of the designated outdoor storage
area. Staff met with property owners to discuss the issue and offer possible
solutions. The applicants indicated that trucks and trailers are being
parked outside of the storage area for the following reasons: some vehicles
may be dropped off during non -business hours; the parking areas are
being used as queuing areas for truck and trailer pickup.
Chirpich presented a plan description. The parking requirements for a self
storage facility were outlined, and it was indicated that the conversion of
the current parking area to rental storage will create a shortage of 15 on-
site parking spaces. The amendment to the conditional use permit would
allow for a deferment in required parking. In order to obtain a parking
deferment, the applicant must document the functional parking demand of
the site and reserve enough space on the site that would meet the required
parking. A covenant recorded against the property would prohibit
construction in the parking area and require it be used for parking if it is
deemed that more parking is needed. A wood privacy fence would screen
the trucks and trailers from public rights of way. A one-way traffic flow
system will control vehicle circulation. Signage would indicate that the
area is restricted to rental parking. The parking lot will include directional
flow arrows and will be striped to accommodate their new parking
arrangement. A timeline will be set forth to limit the number of days the
applicant has to complete the striping.
It was explicated how zoning criteria is being met, as the proposed use: is
improved in appearance by screening outdoor storage areas; is allowed in
the industrial district; will not decrease property value; complies with all
other zoning district criteria; will not generate nuisance characteristics; will
provide an economic return; is primarily storage, limiting parking demand
and customer and vehicle traffic; would provide over one half of the
required parking spaces.
Chirpich said that the Design and Review Committee met on August 13,
2015 with the applicant and was generally supportive of the request for a
deferment of parking. Property owners within 350 feet of the parcel were
notified by mail and a legal notice was published in the SunPost. Staff has
not received any questions or concerns regarding the proposal. It was
stated that staff recommends that the Planning Commission recommend
approval of the conditional use permit amendment for a deferment of
required parking with outlined conditions.
Commissioner Smith asked if there were plans to widen the gates from
eight to twelve feet in order to accommodate snow storage. Chirpich was
confident that the applicant's snow storage plan would suffice.
Commissioner Brinkman inquired the height of the fence and if there
would be sufficient parking on site. Chirpich answered the fence height is
six feet and parking has been addressed on the site plan. Mr. Jeff Sargent,
Community Development Director, added that the allowance for parking
is not restricted to the U -Haul brand, but is for any rental truck company.
Chair Svendsen motioned the applicant to come forward. Marinda Can,
Corporate Administrator of Mayflower Properties New Hope LLC, of 7760
France Avenue South, Suite 100 in Edina, MNI, approached the podium.
She first addressed snow storage and informed that this was the
company's tenth storage area; she was confident there wouldn't be an
issue. Chair Svendsen asked if 45 days would be enough time to complete
the parking lot striping and inquired about parking along the intermediate
wall going east and west. Ms. Carr felt the striping could possibly be
completed within 30 days and also added that there would be "No
Parking" signs along the existing cedar fence.
Chair Svendsen inquired if anyone in the audience wished to address the
Commission. Being that no one spoke, he asked for a motion to close the
Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Brinkman, to
Planning Commission Meeting 2 September 1, 2015
close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, to
Item 4.1 approve Planning Case 15-17, request for approved Conditional Use
Permit amendment to allow a rental truck/trailer staging area outside of
the approved outdoor storage area, 9300 — 52nd Avenue North, Sheldon
Badzin of Mayflower New Hope Properties, LLC, petitioner, with the
following conditions:
1. The applicant shall enter into a site improvement agreement
with the City to ensure completion of all required improvements
as illustrated in the site plan dated August 12, 2015. This
agreement will be prepared by the City Attorney.
2. The designated staging/ storage area for the trucks and trailers
shall be physically delineated on the site with paint and or/
signs.
3. All staged vehicles shall be screened from view of the public
rights of way as indicated on the site plan dated August 12, 2015.
4. The parking lot shall be striped and directional arrows shall be
provided within 30 days of approval.
5. Rental trucks and trailers that are kept outside of the fenced
outdoor storage areas shall be limited to only the approved
designated staging/storage area. The number of vehicles shall be
limited such that no trucks and/or trailers shall exceed the
boundaries of the designated staging/storage area or fenced
outdoor storage area.
6. A restrictive covenant shall be recorded against the subject
property to preserve the proof of parking area from any other
type of construction. This covenant will also mandate that the
owner revert the truck and trailer staging and storage area back
to on-site parking if the City finds that the demand for on-site
parking exceeds the available supply.
Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark,
Brinkman, Svendsen
Voting against: None
Absent: Schmidt
Motion approved 8-0
Chair Svendsen stated that the City Council would consider this planning
case at its September 28th meeting.
Planning Case 15-18 Chair Svendsen introduced Item 4.2, PC 15-18, request to consider text
Item 4.2 amendment to Section 3-50(f) of New Hope City Code regarding
temporary sign suspensions and temporary sign permit requirements, City
Planning Commission Meeting 3 September 1, 2015
of New Hope, petitioner.
Mr. Jeff Alger, Community Development Assistant, stated that the Codes
and Standards Committee discussed possible changes to the city's temporary
sign policies at its August 12, 2015 meeting after multiple businesses located
along 42❑d Avenue North expressed concern regarding the restrictiveness of
the cit/,s Sign Code. Concerns centered on temporary sign suspensions and
temporary sign permit requirements. Currently, there is a 12 -month
forfeiture of sign permits if a property has multiple violations and has
received multiple warnings.
The Committee determined that that a three month suspension would be
more appropriate and that a written warning prior would be required prior
to suspension. Additionally, a proposal was made to change the current
temporary sign allowance from five ten-day temporary sign permits costing
$50 each to ten seven-day permits costing $40 each. New businesses would
be allowed a temporary sign for up to 30 days after opening, fee waived, and
businesses that are hiring or under construction would be allowed to display
"now hiring" or "open during constriction" temporary signs.
Mr. Alger stated that the Committee was in favor of adopting a text
amendment to the City Code regarding temporary signage suspensions and
regulations. Staff recommends approval of the proposed text amendment.
Commissioner Clark stated that normally 50 square feet was a normal size
limit for temporary signs and that the 64 square feet size limit set forth in
subsections 9 and 10 was a bit excessive. It was agreed that this restriction
would be amended as requested.
Commissioner English asked how many 12 month suspensions there had
been and if there was a particular industry that was in constant violation.
Mr. Alger replied that there have been two or three 12 month suspensions
and that temporary signs are often displayed by restaurants and retail
industries to advertise special events and promotions.
Chair Svendsen opened the case up to further discussion. Being that there
was no further discussion, he opened for a motion.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, to
Item 4.2 approve Planning Case 15-18, request to consider text amendment to
Section 3-50(f) of New Hope City Code regarding temporary sign
suspensions and temporary sign permit requirements, City of New Hope,
petitioner, citing a change in size limit from 64 to 50 square feet in
subsections 9 and 10.
Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark,
Brinkman, Svendsen
Voting against: None
Absent: Schmidt
Motion approved 8-0
Planning Commission Meeting 4 September 1, 2015
Planning Case 15-19 Chair Svendsen introduced Item 4.3, request to consider text amendment to
Item 4.3 Sections 10-130) and 10-18(f) of New Hope City Code related to liquor
license restrictions near churches.
Mr. Jeff Alger stated that the Codes and Standards Committee discussed
possible changes to the city's Liquor Code in regards to restrictions of
licenses near churches at its August 12, 2015 meeting. Section 10-18(f) of
the City Code and prohibits liquor licenses from being granted for
premises located within 500 feet of any church. It was found through legal
consultation that the two uses may have not been considered compatible at
the time of original adoption and that there is no state statute prohibiting
liquor establishments within 500 feet of churches.
The committee felt that this restriction was outdated and that it may limit
future businesses from locating within 500 feet of a church that potentially
could locate in a commercial district. They did feel the restriction should
continue to apply to properties located within 500 feet of schools. Staff
recommends approval of the proposed text amendment.
Chair Svendsen inquired the definition of public schools in subsection 10.
Mr. Alan Brixius, City Planner replied that there was not currently a clear
definition. He went on that public schools are allowed only in residential
districts, so normally their proximity to properties with liquor licenses
would not be close. It was decided staff would investigate the definition of
public schools further.
Being that there was no further discussion, Chair Svendsen opened for a
motion.
Motion Motion by Commissioner Landy, seconded by Commissioner McKenzie, to
Item 4.3 approve Planning Case 15-19, request to consider text amendment to
Sections 10-13(1) and 10-18(f) of New Hope City Code related to liquor
license restrictions near churches; staff is to investigate definition of
public schools.
Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark,
Brinkman, Svendsen
Voting against: None
Absent: Schmidt
Motion approved 8-0
Chair Svendsen stated that the City Council would consider this planning
case at its September 28, 2015 meeting.
Planning Case 15-12 Chair Svendsen introduced Item 4.4, request to consider text amendment to
Item 4.4 Sections 4-2 and 4-3 of New Hope City Code establishing tree preservation
policy, City of New Hope, petitioner.
Mr. Jeff Alger proclaimed that after tabling discussion of a draft Tree
Planning Commission Meeting 5 September 1, 2015
Replacement Policy at the July 7, 2015 Planning Commission Meeting, staff
met with the City Forester to discuss proposed changes and establish an
unapproved tree list.
The draft ordinance requires replacement for the loss of any significant,
preferred trees due to building construction, site grading, construction of
parking lots, loading areas, outdoor storage areas, or storm water
management features. It defines significant trees as healthy trees
"measuring a minimum of six inches in diameter for deciduous trees, or a
minimum of twelve feet in height for coniferous trees," and preferred trees
as "any tree not appearing on the citys Prohibited Tree list, as may be
amended." The replacement standard of 1:0.5 requires the replacement of
one-half caliper inch of tree for each one caliper inch of tree that was
removed. It also requires replacement of unhealthy trees or trees that die
within two years after project closure date.
The draft ordinance would require identification of preferred, significant
trees by the City Forester along with a Tree Preservation Plan prior to the
issuance of a building permit that would need to be implemented and
adhered to until all grading and construction activity has been completed.
City street construction projects would be exempt, as the city implemented
a new practice for such projects in 2015. When city construction removes
trees in residential areas, the City Forester contacts those who lose trees
and offers replacements for no cost. Tree value was then elaborated.
It was stated that staff recommends the Planning Commission continue
and close the public hearing from the July 7, 2015 Planning Commission
meeting and approve the proposed ordinance.
Commissioner Smith asked if a tree that had begun to mature but had died
within the two year time frame would need to be replaced with a tree of a
similar size. Mr. Brixius replied that such trees would be replaced with
nursery stock.
Chair Svendsen inquired if anyone in the audience wished to address the
Commission. Being that no one spoke, he asked for a motion to dose the
Public Hearing.
Motion by Commissioner L,andy seconded by Commissioner Brinkman to
dose the public hearing. All present voted in favor. Motion carried.
Chair Svendsen inquired what occurs when a developer bulldozes a number
of trees in a residential area to build a subdivision. Mr. Brixius replied
because of the high density design subdivisions normally have, the front and
side yards rarely have room for a number of trees. Mr. Jeff Sargent,
Community Development Director, added that such developments would
need to go through the planning process, and therefore the site plan would
be reviewed to ensure adequate landscaping. Mr. Jeff Alger also added that
requiring tree replacement for residential areas may also discourage
development.
Planning Commission Meeting 0 September 1, 2015
Chair Svendsen opened the case up to further discussion. Being that there
was no further discussion, he opened for a motion.
Motion Motion by Commissioner Landy, seconded by Commissioner McKenzie, to
Item 4.4 approve Planning Case 15-12, request to consider text amendment to
Sections 4-2 and 4-3 of New Hope City Code establishing tree
preservation policy, City of New Hope, petitioner.
Voting in favor. McKenzie, Gehring, English, Landy, Smith, Clark,
Brinkman, Svendsen
Voting against: None
Absent: Schmidt
Motion approved 8-0
Chair Svendsen stated that the City Council would consider this planning
case at its September 28, 2015 meeting.
COMMITTEE REPORTS
Design and Review Chair Svendsen stated the last Design and Review Committee meeting was
Committee held on August 13, 2015 and that the next potential meeting was scheduled
Item 5.1 for September 17, 2015, though there were no potential cases at the time.
Codes and Standards Chair Svendsen stated that the Codes and Standards Committee was held
Committee August 12, 2015. The next meeting date is to be determined.
Item 5.2
NEW BUSINESS No new business.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Clark, to
Item 7.1 approve the Planning Commission minutes of July 7, 2015. All present
voted in favor. Motion carried.
ANNOUNCEMENTS Chair Svendsen announced that the Space Needs Task Force is proceeding to
meet, and Commissioner Landy is Chair. Commissioner Landy proclaimed
that the committee will be attending the Council Work Session on September
21, 2015 with a recommendation that a new City Hall and police station are
needed.
Further updates included the opening of the Hy -Vee gas station; the grand
opening of Hy -Vee grocery store to occur September 22,2015; change in plans
for the future tenant of the former Gas `n' Splash from sandwich shop to
coffee shop; the possibility of Liberty Tax to occupy another former gas
station in town; the city's entrance into a preliminary six month development
agreement with Alatus for the potential development of the property west of
the golf course to build a 150 -or -more -unit apartment complex, and the
progression of the construction of the Winnetka Quiet Zone.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:04 p.m.
Respectfully submitted,
Planning Commission Meeting 7 September 1, 2015
,
Emily Becker, Recording Secretary
Planning Commission Meeting 6 September 1, 2015
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