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#5 Amend the Project Plan and boundaries for TIF District #35Economic Development Department Memorandum February 13, 2012 TO: Janesville City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a proposed resolution amending the Project Plan and boundaries for Tax Increment Finance District No. 35 (File Resolution No. 2012-875). ____________________________________________________________________________ SUMMARY Staff is proposing to amend the boundary of TIF No. 35 to include an 81-acre parcel of land acquired by the City located east and adjoining State Highway 51. The proposed amendment is being created to accommodate potential industrial development in the amended boundary. The Plan Commission held a public hearing on the amendment for TIF No. 35 at their February 6, 2012 meeting and recommended its adoption. The Administration recommends that the Council adopt Resolution No. 2012-875 approving the amendment of and setting the boundaries for TIF No. 35. If the Resolution is approved, TIF No. 35 will go to a Joint Review Board for review and approval on February 14, 2012. DEPARTMENT RECOMMENDATION The City of Janesville has successfully used tax increment financing as an economic development tool. With the poor state of the national economy, Janesville needs to remain aggressive in pursuing all development opportunities. Staff recommends that the Council adopt Resolution No. 2012-875 approving the amendment to the Project Plan and boundaries of Tax Increment Finance District No. 35. CITY MANAGER RECOMMENDATION The City Manager recommends approval. The estimated project costs reflect the best estimates the City has of anticipated costs and supporting revenues for the future of TIF 35. These costs include the Shine Project, if it is approved and Shine moves forward as well as future unknown costs for the approximately 200 undeveloped acres adjacent to Highway 11. SUGGESTED MOTION A motion to approve Resolution No. 2012-875 approving the amendment of the TIF 35 Project Plan and setting the boundaries for TIF No. 35. ANALYSIS In 2011, TIF No. 35 was created to attract potential industrial developments. TIF 35 contains a 226-acre parcel of land, at the southwest corner of STH 11 and Beloit Avenue which is a certified “shovel ready” industrial development site. Proposed Amendment No. 1 will modify the TIF No. 35 boundary to add approximately 81 acres of undeveloped land adjoining the southwest portion of the existing TIF boundary. Since February 2011, the City has had an option to purchase an additional 84 acres of land to the south of the existing TIF 35 to accommodate future industrial development. With the option set to expire on December 31, 2011, the City Council executed the option to purchase the land at their December 22 Meeting. Upon annexation, this land will be zoned M-1 Light Industrial and included within the boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project Plan. In addition, total TIF incremental revenues over the maximum 20-year life of TIF No. 35 are projected to exceed TIF costs and the TIF district is expected to be economically viable. The expenditure of any TIF funds would be linked to a specific development agreement which assures that property values and corresponding tax increments will be satisfied in order to fully recover TIF improvement costs. City Staff and Plan Commission find the proposed Amendment No. 1 to TIF District No. 35 to be consistent with established City plans and policies. The proposed amendment to TIF District No. 35 represents an opportunity for the City to attract a new industrial project or future projects. The area is appropriate for industrial use due to its proximity to USH 51, STH 11, I-39/90, and the Southern Wisconsin Regional Airport. In addition, the amended area is contiguous to the existing certified site with municipal utilities readily available making the property ideal for industrial development. PLAN COMMISSION ACTION – 6 FEBRUARY 2012 Brad Schmidt, Associate Planner, presented the written staff report. There was no discussion. The public hearing was opened and no one appeared to speak regarding this item. The public hearing was closed. Commissioner Consigny asked if the City was in favor of the proposed development. Cherek indicated that staff supports the proposed amendment to TIF 35 and zoning of property within the boundary area to allow for future industrial development. Commissioner Marklein referred to Map 4 of the Project Plan showing future improvements and asked if the road configuration had changed from the original TIF 35 approval. Schmidt answered no. Commissioner Marklein asked if Street A would be connected through the subject property to USH 51. Cherek stated that the likely thru-connection would be along Knilans Road as it would tie into an existing street intersection at USH 51 west of the site. Cherek added that individual driveway access to the TIF amendment area from USH 51 may also be pursued. Commissioner Siker asked if M1 was a satisfactory zone district for the proposed use and Schmidt answered that it was. Commissioner Voskuil asked for an explanation of the increased 2014 expenditures listed on Page 12 in the Project Plan. Hulick indicated that the increase in 2014 is based on a perspective manufacturer’s (SHINE Medical) development plans. Hulick noted that SHINE does not intend to begin construction until 2014 at the earliest. Therefore, there will be a delay in the installation of certain public improvements thus deferring the costs for those facilities later than anticipated from the original adoption of the TIF 35 Project Plan. The Administration believes that these are the best cost estimates that can be provided based on information available at this time. Commissioner Werner questioned the difference between incentives referred to on Page 11 of the Project Plan as opposed to the incentives shown on Page 12. Hulick indicated that the total amount of incentives is equal from both pages, but the difference between the two pages is a result of additional development costs that will be incurred for site improvements. There was a motion by Commissioner Consigny with a second by Commissioner Madere to approve Resolution No. 2012-01, approving Amendment No. 1 to the Project Plan and boundary for Tax Increment Finance District No. 35, and to forward this item to the City Council with a favorable recommendation. The motion carried on a 6-0-0 vote. Resolution No. 2012-875 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE DISTRICT NO. 35 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, the Common Council of the City of Janesville adopted Resolution No. 2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105; and WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to the Project Plan for TIF No. 35 revising the project budget and amending the TIF No. 35 boundary to include an additional 84 acres of industrial land; and WHEREAS, the Janesville Plan Commission has held a public hearing on proposed Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the proposed new boundaries of the Amended TIF district on the 6 day of February, 2012, and found both proposed amendments to be acceptable and consistent with the long range plans of the City and its best interests; and WHEREAS, the Chief Executive Office of the Janesville School District, Rock County Board, Blackhawk Technical College, and other entities having the power to levy taxes upon the property located within the proposed Tax Increment District No. 35 have been notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an “industrial TIF district”, where more than 51% of the land is currently zoned M-1 Industrial and has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes for the life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District was created, and the improvement of the proposed additional areas for industrial projects will significantly enhance the value of all property within the City of Janesville; and WHEREAS, the equalized value of taxable property within the amended boundaries of TIF No. 35 plus the value increment of all existing Janesville TIF Districts does not exceed twelve percent (12%) of the total equalized value of property within the City of Janesville; and WHEREAS, the amended Project Plan for Tax Increment District No. 35 is economically feasible and in conformity and has been found to be in accordance with the City’s Resolution No. 2012-875 TIF 35 Amendment No. 1 Page 2 General Development Plans, Zoning Ordinance, and other relevant policies; and that implementation of the improvements as set forth in the Amended TIF No. 35 Project Plan is in the best interest of the City of Janesville and for the benefit of its residents and taxpayers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint Review Board for review and approval according to Wisconsin Statutes. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Manager Prepared by: Community Development TAX INCREMENT FINANCE DISTRICT No. 35 PROJECT PLAN Adopted August 22, 2011 AMENDMENT No. 1 February 13, 2012 Prepared By: Economic Development Agency Accounting Division City Manager’s Office City of Janesville, Wisconsin 18 N. Jackson St. Janesville, WI 53545 CITY OF JANESVILLE TAX INCREMENT FINANCE DISTRICT No. 35 TABLE OF CONTENTS I. WISCONSIN TAX INCREMENT LAW AND PROCESS .......................... 1 II. TIF No. 35 PLAN OBJECTIVES ............................................................ 2 III. BOUNDARIES OF TIF No. 35 ............................................................ 3 IV. EXISTING ZONING AND PROPOSED LAND USES ............................... 5 V. PROPOSED TIF PUBLIC WORKS PROJECTS AND ................................ 9 IMPROVEMENTS VI. DETAILED LIST OF ESTIMATED PROJECT COSTS .............................11 VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ..............15 VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS .............19 IX. LIST OF ESTIMATED NON-PROJECT COSTS ........................................20 X. METHODS FOR RELOCATION OF DISPLACED PERSONS .................20 XI. PROMOTION OF THE ORDERLY DEVELOPMENT .............................20 MAPS 1. Map 1 TIF No. 35 Boundary Map ……………. ........................................... 4 2. Map 2 TIF No. 35 Zoning ............................................................ 7 3. Map 3 TIF No. 35 Existing Conditions and Land Use ................................. 8 4. Map 4 TIF No. 35 Proposed Improvements ..................................................13 5. Map 5 TIF No. 35 Property Within ½ Mile of Boundary ..............................14 LEGAL AND PROCEDURAL 1. Legal Opinion From City Attorney on Project Plan 2. TIF No. 35 Plan Adoption and Creation Resolutions 3. Joint Review Board Resolution City of Janesville Tax Increment Finance District No. 35 Project Plan WISCONSIN TAX INCREMENT LAW AND PROCESS I. Under Wisconsin Statutes Section 66.1101 (1), the State declared that the policy of the State is "to encourage and promote the development of industry to provide greater employment opportunities and to broaden the State's tax base to reduce the tax burden of residents and homeowners." Locally, the City of Janesville has adopted an Economic Development Policy designed to "diversify the economic base of the City through the retention and expansion of existing businesses ...” In addition, the City seeks to attract new industries through the creation of fully improved industrial parks. One tool designed to help stimulate new development is "Tax Increment Financing (TIF)". When the State Legislature enacted the Tax Increment Law (ss 66.1105) in 1975, they found, "that the accomplishment of the vital and beneficial purposes of the Promotion of Industry Statute (ss 66.1101) is being frustrated by the lack of incentives and financial resources." One stated purpose of the Tax Increment Law, "is to create a viable procedure by which a city or village, through its own initiative and efforts, may finance projects which will tend to accomplish," the promotion of industry. The Tax Increment Law allows a community to recapture the costs of public expenditures made to stimulate new development, from the property taxes generated by the new development. Fundamental to the TIF law is the concept that new development will benefit an area broader than the municipality in which the development occurs. However, an inequity occurs because the community is left to finance the entire cost of public expenditures needed to facilitate the development. The TIF law recognizes that without the TIF expenditures, the development could not have occurred. Thus, the TIF law provides that all property taxes levied on increased property value within a TIF district are retained by the community to finance the public expenditures made   within the TIF district. The base value (the value that existed at the time the TIF district is created), however, continues to provide same level of revenues to other taxing jurisdictions. Once all of the public expenditures have been repaid, all taxing jurisdictions can collect taxes levied on the new property value. State statutes are very specific as to how a TIF district is created. First, a TIF project plan is developed and presented to the Plan Commission for a formal public hearing. The Commission makes a recommendation on the TIF project plan to the City Council. The Council then must pass a resolution adopting the TIF project plan and establishing the TIF boundaries. Finally, a Joint Review Board is created with members from the City, school district, county, vo-tech district, and one member at large. The Joint Review Board reviews the TIF plan and public hearing comments and approves the creation of the TIF district. Amendments to a TIF Project Plan may be made by following the same procedures. TIF project plan amendments may be necessary to revise projected budgets and/or to amend the boundaries of the original TIF district. This document will meet the statutory requirements for a Project Plan for Tax Increment Finance District No. 35. TIF No. 35 PLAN OBJECTIVES II. Industrial development activities in the City of Janesville are guided by the City's Economic Development Strategy and implemented in accordance with an Economic Development Policy. The overall goal for the City's industrial development effort is to diversify the City's economic base through the retention and expansion of existing businesses, and through the attraction of growing industrial and large regional service sector employers that will create new employment opportunities and expand the local property tax base. TIF No. 35 will advance the City of Janesville's industrial development objectives and specifically will: A. Promote industry retention, expansion, and attraction through the development of a new fully improved certified industrial park, thereby creating new jobs and increased tax base.   B. Provide appropriate financial incentives to encourage industrial expansion. C. Reduce the financial risk to the taxpayer by timing the implementation of the Project Plan with the creation of additional property value through industry expansions. D. Generate sufficient new property tax increments within eight (8) to ten (10) years from each specific development project within the TIF District to fully repay the City's TIF project expenditures associated with the development project. BOUNDARIES OF TIF No. 35 III. Described as follows: Pt SE. ¼ and Pt SW. ¼ Sec 13-2-12 and also Pt NE. ¼ and NW. ¼ Sec 24-2-12, 4TH PM, City of Janesville, Rock Co, WI DAF: Com NE cor sd Sec 24; th S0°18'59"E alg E L NE ¼ sd Sec 24, 400.21'; th N88°27'04"W 33.02' to W L CTH G and POB; th N88°27'04"W 3826.97' m/l; th N0°02'51"W 1704.64' to N L SE ¼ SW ¼ sd Sec 13; th S89°02'36"E alg sd N L 1291.03' to NE cor sd SE ¼ SW ¼ sd Sec 13; th N0°00'24"E alg N-S CL sd Sec 13, 1283.03' to S L STH 11; th S88°41'40"E alg sd S L 1757.16' to W L Lot 1 CSM rec in Vol 8 Pgs 114-115; th S1°18'01"W alg sd W L 217.05' to SW cor sd CSM; th S88°42'05"E alg S L sd CSM 110.0' to SE cor sd CSM; th N1°18'01"E alg E L sd CSM 200.0'; th S88°41'40"E 70.0' to NW cor Lot 1 CSM rec in Vol 9 Pgs 132-133; th S1°18'01"W alg W L sd Lot 200.0' to SW cor sd Lot; th S88°42'05"E alg S L sd Lot 115.05' to SE cor sd Lot; th N1°18'01"E alg E L sd Lot 200.0' to S L STH 11; th S.88°41'40"E 163.80' alg sd S L STH 11; th S71°01'05"E alg sd SL 293.11' to W L CTH G; th S05°31'29"E 429.43' alg sd W L; th cont S alg sd W L 187.2' m/l to pt on N L CSM rec in Vol 15 Pgs 135-136; th N88°34'17"W 7.0' m/l to NE cor Lot 1 sd CSM; th S alg E L sd Lot 1 570.00' to SE cor sd Lot; th S88°34'17"E 7.0' m/l to W L sd CTH G; th S alg sd W L 1722.62' m/l to POB. 6-17-126, 6-17-126.4, 6-17-126.6,pt 6-17-125, pt 6-17-212, & pt 6-17-214 Also containing the following described property: PART OF THE NW 1/4 OF SECTION 24, TH T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner of said Section; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30 feet to an iron pin monument on the South Line of a Parcel described in Document No. 1690897, also being at the place of beginning for the land to be herein described; thence S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the Easterly extension of the North Line of a tract described in Document No. 1401544; thence N.89°04’46”W. along said North Line and its extension, 2477.53 feet; thence N.6°58’46”E. 2.22 feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15 feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along said South Line, 1384.17 feet to the place of beginning. 6-17-214 & 6-17-215   MAP 1   EXISTING ZONING AND PROPOSED LAND USES IV. The City of Janesville is proposing to createcreated TIF No. 35 to expand an existing industrial park on the City’s south side. At the time of its creation, TIF District No. 35 contains one, 226 acre parcel of vacant industrial land in agricultural use in an industrially zoned area on the City's south east side. The parcel is unimproved and has been used for agricultural crop production for decades. In 2004, the City negotiated to purchase an additional 226 acres of land located south of STH 11 and west of County Trunk Highway G. Upon annexation, this land was zoned M-1 Light Industrial. Since that time, The City went through a lengthy site certification process in 2010 to have the 226 acre site deemed as a “shovel ready” certified industrial site. TIF No. 22 has seen tremendous expansion and growth, and is set to be retired within the next 3-5 years. Therefore, the creation of TIF No. 35 would allow allowed the 226 acre certified site to continue to be marketed and incentivized with tax increment financing to make the site more appealing for industrial development and expansion. Amendment No. 1 to TIF 35 will amend the original boundary to add an additional 84 acres of vacant land adjoining the southwest portion of the existing TIF boundary. Since 2009 the City has had an option to purchase an additional 84 acres of land to the south of the existing TIF 35 to accommodate future industrial development. With the option set to expire on December 31, 2011, the City executed the option to purchase the additional 84 acres of land. Upon annexation, this land will be zoned M-1 Light Industrial and included within the boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project Plan. The City’s long term growth plans in this part of the city calls for continued expansion of industrial development along CTH G and State Trunk Highway 11. Therefore, TIF No. 35 could be amended to include additional industrial development sites as they become available and are annexed into the City of Janesville State law requires that not less than 50% of the land within a TIF district be “suitable for ‘industrial sites’ within the meaning of (Wisconsin Statutes) s. 66.1101 and zoned for industrial use”. Within TIF No. 35 70% of the land is proposed for industrial uses and 30% is proposed for green space and storm water uses, thus meeting the required standard. All lands within TIF No.   35 zoned for industrial uses will remain zoned for industrial uses for the life of the TIF district. In addition, the Wisconsin TIF Law prohibits “newly platted residential areas” from being considered as TIF project costs. No residential development is planned for TIF No. 35. The TIF District Project Plan proposes to improve these properties with streets and utilities to create additional industrial sites. The timing of the street and utility improvements will be phased to meet the needs of specific development projects thereby minimizing the risk of incurring development costs in advance of tax-producing development projects.   MAP 2   MAP 3   PROPOSED TIF PROJECTS AND IMPROVEMENTS V. The public expenditures proposed in TIF No. 35 will be linked to the expansion of the industry within the district. The expansion of the industry will increase property values and will generate new tax increments that will allow the City to recover its TIF costs. To allow this expansion to occur, the City will need to extend utilities to the property and construct an extension of Progress Drive. As the demand for industrial sites increases, the City will construct new streets and utilities to those sites as necessary to facilitate development and expansion. Finally, the Project Plan provides funds for marketing the new industrial sites and for providing incentive financing to companies locating new facilities within the TIF district. The kind, number, and location of all proposed improvements proposed for TIF No. 35 are shown on Map 4 - Improvement Plan. A. Transportation Improvements Transportation improvements may include the construction of the southerly extension of Progress Drive South of State Trunk Highway 11 and easterly extensions of a street network from the newly extended portion of Progress Drive to County Trunk Highway G. County Trunk Highway G may be widened to a 4-lane cross section as the traffic to TIF No. 35 increases with development. In addition, the TIF Project Plan allows for the construction of approximately 10,500 feet of new streets to serve the new industrial sites. Map No. 4 shows the planned location of these road improvements, however, the actual location of the roads may change depending on the needs of specific development projects. Wherever new street construction occurs, sidewalks or recreational trails, street trees, and landscaping may be installed along the new frontage road. B.Utility Costs  As new streets are constructed to provide access to industrial sites, sewer, water, gas and electric utilities will be installed within the rights-of-way. In addition, a storm sewer collection system including underground piping, surface detention ponds and safety fencing may be installed. These utility improvements will be phased along with the street construction to meet the needs of specific development projects. The utility costs will be included as TIF expenditures.   C. Street Lighting and Landscaping As new streets are developed within TIF No. 35, street lights and street trees may be installed. In addition, a landscaping buffer between the industrial uses and the open space/residential uses to the west is planned as a TIF cost. D. Marketing and Incentive Financing In order to attract new development to the TIF No. 35 industrial park, it may be necessary to implement a marketing program. Marketing activities may include the development of brochures, photographs, topography and maps for use with industry prospects. Once the marketing materials are available, a direct mail program may be implemented to attract new development. Marketing activities may also include the payment of real estate commissions where a private “buyer’s broker” facilitates the sale of a new development site in TIF No. 35. Where a specific industry has been identified, incentive financing may be necessary to ‘close the deal’. Incentive financing may include below interest loans, funding for relocation, worker training, and unique start-up costs, and/or similar financing programs. Financing may go directly to a development project or to capitalize a revolving loan fund to provide financing assistance for industrial expansion projects throughout the TIF District. Additionally, changes to State Law also allow the expenditure of TIF funds within ½ mile of an existing TIF boundary. While much of the land within ½ mile of TIF No. 35 is currently located outside the City of Janesville corporate limits, the City does have a boundary agreement with the Town of Rock, and land surrounding the airport will be annexed to the City of Janesville as development occurs. Where industrial development projects occur on land annexed to the City within this ½ mile boundary, funding from TIF No. 35 may be used to support the development project. If the development project is contiguous to TIF No. 35, the City may propose a boundary amendment to the TIF No. 35 Project Plan. The development projects located within ½ mile of proposed TIF No. 35 may need project financing and/or development incentives to maintain employment levels or to undertake future expansion projects. E. Administrative Costs The TIF No. 35 project plan includes the cost incurred for administrative, professional, organizational, and legal services related to the creation and administration of the   TIF district. Direct engineering costs shall be charged to the specific construction projects within the TIF District. Direct legal and planning costs will be charged as administrative costs. The cost of the three TIF audits required under Wisconsin Statutes ss 66.1105 will be included as TIF project costs. In addition, administrative costs will include any TIF Plan review fees charged by the Department of Revenue. F. Land Acquisition In order to create a new industrial park, the City has acquired a 226 acre parcel on the west side of County Trunk Highway G and south of State Trunk Highway 11 and an additional 84 acres to the south of the existing TIF 35 boundary along the east side of State Highway 51. This Project Plan does not provide for any future land acquisitions. However, in the event of future land acquisitions, payments to neighboring townships to compensate them for lost tax revenues where TIF districts include newly annexed property will also be considered a TIF land acquisition expense. Land acquisition, surveying, soil testing, environmental engineering, and title policy expenses may be considered TIF project costs. Additionally, any relocation expenses incurred by future land acquisitions including crop damages would be considered a TIF land acquisition expense. Payment of any land conversion penalty under the provisions of Wisconsin Statutes section 74.485 would also be considered a land acquisition cost. DETAILED LIST OF ESTIMATED PROJECT COSTS VI. In order to determine the economic feasibility of the proposed TIF District No. 35, total project costs must be estimated and compared to the projected tax increments that will be generated by the new development in the TIF district. Based on 2011 construction costs, TIF No. 35 improvement costs are estimated as follows: A. Transportation Improvements $4,155,500 B. Water and Sanitary Sewer Costs $2,823,200 B. Stormwater Improvements $2,011,300 $2,589,300 C. Project Incentive Financing $4,950,000 $6,450,000 D/E. Marketing & Administration $61,500 F. Land Acquisition $1,531,824 Total Cost of Improvements $14,001,500 $17,611,324   The estimated cost of TIF expenditures is $14,001,500 $17,611,324. Under the revised TIF law, project costs may be incurred over the first fifteen (15) years of the TIF district, while TIF revenues will be collected over a maximum of twenty (20) years. The City will have to finance any negative TIF fund balance through interfund borrowing. Based on conservative projections, including the debt service and interfund borrowing costs of $5,445,818 $6,978,425 . the total estimated TIF No. 35 project costs to $19,447,318 $24,589,749 All project costs and interfund borrowing estimates are based on the most current cost data available in July, 2011 and may be adjusted within the total amount shown without modification or amendment of this TIF No. 35 Project Plan. Under the changes to the TIF law enacted in 2004, all of the TIF No. 35 project costs except debt service and interfund borrowing will be incurred during the first fifteen (15) years of the TIF District. Table No. 1 shows the schedule and timing of the proposed expenditures. The actual timing of expenditures will be contingent on the commitments from industries locating facilities and guaranteeing a minimum property value that will generate sufficient tax increments over the life of the TIF district to cover the TIF project costs. This Project Plan includes funds to market the vacant industrial land within the TIF District for industrial and development. Table No. 1 Tax Increment District No. 35 Summary of TIF Costs By Year Year Type of Cost Cost 2011 Marketing and Administration, Engineering Services $362,500 2012 Land, Streets, Utilities, Incentives, and Admin $6,533,250$7,258,574 2013 Incentives, Streets, Utilities, Marketing $5,328,750$5,617,750 2014 Incentives, Streets, Utilities, Marketing $508,780$3,104,250 2015 Incentives, Marketing and Administration $507,250 2016 Incentives, Marketing and Administration $503,750 2017 Incentives, Marketing and Administration $251,875 2018 Administration $5,375 Total Cost of Improvements $14,001,500$17,611,324 Debt Service and Interfund Borrowing $5,445,818$6,978,425 Total Estimated TIF No. 35 Costs $19,447,318$24,589,749 -------------------------------------------------------------------------------------------------------- Prepared By: City Manager’s Office and Accounting   MAP 4   MAP 5   ECONOMIC FEASIBILITY AND METHODS OF FINANCING VII. A. Economic Feasibility Analysis Under Wisconsin's Tax Increment District Law (ss. 66.1105), 100% of the property taxes levied against new property value created within a TIF district is retained by the City to pay for improvement costs that were incurred to attract the new development. Implicit in the law is the concept that without the improvements, the attraction of new development, the creation of new jobs, and the expansion of the tax base would not occur. The Wisconsin TIF law as revised by the Legislature, allows the City fifteen (15) years in which to make the improvements needed to stimulate and support development. The property tax increments generated by the new development are retained by the City until all TIF costs are paid. In no case shall the TIF district have a life longer than twenty (20) years. The City of Janesville's Tax Increment District No. 35 will be was created by Council action in July, 2011. The original TIF No. 35 Project Plan will be amended by the City Council in January, 2012 to revise the budget and to amend the boundary to include an additional 84 acre parcel of land. Therefore, all TIF project improvements must be completed by September, 2026. The taxes on any increased property value in the district between 2013 and 2031 will be retained by the City to repay the TIF project costs. TIF No. 35 will be dissolved when all TIF project costs are repaid, or in July 2031, whichever comes first. In order to determine the economic feasibility of the proposed TIF district, estimated TIF costs must be compared to projected TIF property tax increments. Where tax increments exceed TIF costs over the twenty (20) year life of the TIF district, the TIF district is considered economically feasible. The City of Janesville has made conservative assumptions about the future to determine the economic feasibility of TIF No. 35. All TIF costs related to industrial expansion projects are incurred according to the schedule shown in Table No. 1. TIF property value increases for are shown for the installation of streets and utilities, as well as potential new land acquisitions for future industrial projects to be developed. Where possible, the construction of new streets and utilities will be phased and linked to known development projects. The City will enter into binding contracts with the   industries locating within TIF No. 35 that will guarantee the minimum amount of investment needed to fully amortize all TIF costs associated with each project within 8 to 10 years. The overall TIF District should be able to recover all costs by the year 2030. The equalized value property tax mill rate levy is projected to increase 0% per year. This assumption is also conservative. In recent years, the equalized value property tax mill rate in Janesville increased slightly. Based on these assumptions, the $51,500,000 $62,000,000 in new property value generated between 2013 and 2019 will create sufficient new property tax increments to repay all planned TIF project costs. The City will limit the implementation of all TIF expenditures until the actual levels of new property value are known. TIF project costs of $14,001,500$17,611,324 plus financing costs of $5,445,818 $6,978,425 equate to a total TIF Cost investment of $19,447,318 $24,589,749. These monies will only be expended if the property value of the industrial construction is adequate to ensure a sufficient tax increment to recover the cost within the life of the TIF district. If a total of $51,500,000 $62,000,000 of new property value is created as projected, the TIF district will generate a total of $30,423,005 $24,589,749 in property tax increments over the 20 year life of the district. Since property tax increments are projected to exceed TIF costs including debt service by $390,294in 2030 $464,558 in 2029 TIF No. 35 is found to be economically feasible. Projected TIF revenues will cover TIF costs within 19 18 years and the City projects that TIF No. 35 will be dissolved by 2031. Since there is no guarantee that new development projects will be found to construct new property value within TIF No. 35, the City will only implement additional street and utility construction project when they are needed to prepare new industrial sites for specific projects. The TIF plan includes $4,155,500 in transportation improvements including improvements to CTH G and HWY 51 as well as street extensions through the industrial site. Additional, the Project Plan includes $$2,823,200 in utility improvements including extensions of water mains and sanitary sewer to serve the site, as well as $2,011,300 $2,589,300 in stormwater improvements.    B. Methods of Financing Wisconsin Statutes provide several methods of financing the cost of improve- ments in tax increment districts. For smaller amounts, financing through the general fund may be feasible. Transfers can be made from the municipal general fund account into the TIF expenditure account to cover the cost of TIF improvements. This method of financing avoids the interest cost associated with municipal borrowing. However, since the General Fund balance is reduced, the General Fund loses interest income, so an interfund borrowing cost is charged to the TIF account. State law also provides for municipal borrowing. Community borrowing is   divided into two forms -- that subject to a statutory limitation and borrowing not subject to limitation. Possible funding sources include: 1. General Obligation Borrowing - Is sometimes referred to as a local promissory note from a bank, State Trust Fund, or other lending institution. This form of borrowing requires little effort or legal costs and works well for smaller sums. This sort of borrowing is included in the municipal borrowing limitation. 2. General Obligation Bonding – Is an irrepealable property tax obligation of the community. General obligation bonds can often be sold at lower interest rates than other forms of borrowing. However, there are additional regulations and requirements that make G.O. Bonds suitable for larger projects. G.O. Bonds are included in the municipal borrowing limitation. 3. Mortgage Revenue Bonds - Are repaid through the revenue generated by a public utility like a water or sewer utility. Revenue bonds also have regulatory and legal requirements that make them suitable for larger project costs. Since revenue bonds do not pledge the community's taxing capacity, they are not subject to a municipal borrowing limitation. 4. Federal and State Grant or Loan Programs - Like Community Development Block Grants or State Transportation aids are sometimes available to supplement local funding sources. However, the amount of grant dollars available is limited and state and federal funding is uncertain given the need to balance budgets. The actual method of financing specific TIF projects will be determined by the City based on the current fiscal condition of the City, anticipated non-TIF capital needs, municipal borrowing rates and terms, and the amount of financing needed. Where general obligation borrowing is used, TIF financing costs have been calculated assuming financing over ten (10) years, with equal principal payments. The City will not proceed with any phase of the planned public improvements until a developer or business is committed to construct a new building or renovate an existing building with a value sufficient to generate the property tax increments needed to cover the cost of the improvements. Therefore, the actual City expenditures in TIF No. 35 may be substantially different that those shown in the project plan. C. Additional Economic Benefits   The economic feasibility analysis has shown that the property tax increments will be sufficient to cover all TIF project costs over the twenty (20) year life of the TIF district. The development of TIF No. 35 will facilitate an industrial expansion, increase property values, and create new jobs in the City of Janesville. These jobs will help diversify the local economy and the increased manufacturing and warehousing/distribution payrolls will have a positive multiplier effect in the trade and service sectors. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS VIII. The proposed TIF No. 35 project plan is in conformance with the City of Janesville's present zoning ordinance, with the City's Industrial Development Plan and the General Development Plan. All of the properties within TIF No. 35 have been found to be suitable for industrial development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101, and will remained zoned for industrial purposes for the life of the TIF district. All development in TIF No. 35 will have to conform with the State Building Codes and will be subject to the City's permitting and inspection procedures. The TIF No. 35 project plan conforms with all relevant State and local ordinances, plans, and codes, thus, no changes to the existing regulations are proposed or needed. The City has requested that the Wisconsin Department of Commerce amend the Janesville Community Development Zone boundary to include the land within TIF No. 35. This allows companies that locate within the amended TIF No. 35 boundary to apply for State of Wisconsin income tax credits under the Development Zone Program.   LIST OF ESTIMATED NON-PROJECT COSTS IX. All of the public improvements and other project costs included in this project plan are TIF eligible costs as defined in Wisconsin Statutes ss. 66.1105, the Tax Increment District Law. Where an improvement can serve an area larger than the TIF district, the cost of the improvement will be prorated so that only the proportion of the costs to serve TIF No. 35 will be included as a project cost. That portion of the total costs which serves areas outside the TIF district will be considered 'non-project' costs and charged to funding sources other than TIF No. 35. METHODS FOR RELOCATION OF DISPLACED PERSONS X. The TIF No. 35 Project Plan does plan land acquisition, thus, there may be displacement of persons or business needing relocation assistance. For any reason, should relocation be necessitated by the City's involvement in the implementation of this Project Plan, it will be undertaken pursuant to Wisconsin Statutes Section 32.19 and 33.195, and according to a Relocation Plan, as approved by the Wisconsin Department of Commerce. PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY XI. The creation of TIF No. 35 and the implementation of the projects in the TIF Project Plan will promote the orderly development of the City of Janesville by encouraging that new industrial development occurs in areas of the City planned for industrial growth. By creating well designed and strategically located industrial parks, land use conflicts and infrastructure deficiencies can be avoided. By providing financial incentives to stimulate private development projects, the City is able to ensure that economic growth continues to occur, thus offsetting the inevitable loss of jobs and incomes when economic conditions force the closure of other employers in the community. By utilizing the provisions of the Tax Increment Finance Law, the City can increase property values through development projects that result in increased tax base. TIF No. 35 continues the industrial development on the City’s southeast side that began with the creation of TIF No. 5 in 1988 and TIF No. 16 in 1996 and TIF No. 22 in 1999. TIF No. 35 will add to the tax and employment base of the community, and will generate positive secondary impacts in the community through increased local disposable incomes.       Resolution No. 2012-875 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE DISTRICT NO. 35 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, the Common Council of the City of Janesville adopted Resolution No. 2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105; and WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to the Project Plan for TIF No. 35 revising the project budget and amending the TIF No. 35 boundary to include an additional 84 acres of industrial land; and WHEREAS, the Janesville Plan Commission has held a public hearing on proposed Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the proposed new boundaries of the Amended TIF district on the 6 day of February, 2012, and found both proposed amendments to be acceptable and consistent with the long range plans of the City and its best interests; and WHEREAS, the Chief Executive Office of the Janesville School District, Rock County Board, Blackhawk Technical College, and other entities having the power to levy taxes upon the property located within the proposed Tax Increment District No. 35 have been notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an “industrial TIF district”, where more than 51% of the land is currently zoned M-1 Industrial and has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes for the life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District was created, and the improvement of the proposed additional areas for industrial projects will significantly enhance the value of all property within the City of Janesville; and WHEREAS, the equalized value of taxable property within the amended boundaries of TIF No. 35 plus the value increment of all existing Janesville TIF Districts does not exceed twelve percent (12%) of the total equalized value of property within the City of Janesville; and WHEREAS, the amended Project Plan for Tax Increment District No. 35 is economically feasible and in conformity and has been found to be in accordance with the City’s   Resolution No. 2012-875 TIF 35 Amendment No. 1 Page 2 General Development Plans, Zoning Ordinance, and other relevant policies; and that implementation of the improvements as set forth in the Amended TIF No. 35 Project Plan is in the best interest of the City of Janesville and for the benefit of its residents and taxpayers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint Review Board for review and approval according to Wisconsin Statutes. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Liebert Eric J. 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