5.4. SR 06-21-2010REQUEST FOR ACTION
To Item Number
Ci Council 5.4.
Agenda Section Meeting Date Prepared by
Community Development June 21, 2010 Catherine Mehelich, Director of
Economic Develo ment
Item Description Reviewed by
Consider Resolution Approving a Spending Plan for Tax
Increment Financing District No. 16 -Public Hearing Reviewed by
Action Requested
Following a public hearing, the Council is asked to adopt attached Resolution Approving a Spending Plan
for Tax Increment Financing District No. 16
Background/Discussion
At its May meeting, the HRA authorized staff to proceed in preparations for an amendment to the HRA's
TIF District No. 16 (King & Main). The purpose of the amendment, as authorized by recent legislation,
is to utilize existing TIF revenues in order to stimulate construction or rehabilitation of private
development in a way that will also create or retain jobs. The HRA established TIF District #16 in the
late 1980's to redevelop properties at King Ave and Main St in downtown. The debt obligation, which
reimburses the HRA for eligible costs, is scheduled to be paid in full at the end of 2010. At that time the
HRA would be required to decertify the district and distribute the property taxes to the city, county and
school district. Under this legislation the HRA would defer its final payment of TIF obligations
($39,671.78) for 2 years in order to preserve roughly $100,000 of financing assistance for an eligible
project as defined in the attached Spending Plan.
Since no specific project has been identified for the use of the funds, the attached Spending Plan has been
drafted to generally describe the most desirable types of private development that the city may be willing
to provide financial assistance. Following the City Council's public hearing and adoption of the Spending
Plan, the HRA would be authorized to consider specific private development proposals consistent with
the uses outlined in the Spending Plan.
A critical limitation in the amendment is the requirement that construction or renovation of the eligible
project commences before July 1, 2011 and that the authority to spend the tax increments collected under
this subdivision expires December 31, 2011.
Financial Impact
The estimated tax increment to be collected by the HRA in 2010 is $55,645.10. The deferral of tax
increment for 2-years will be just over $100,000 that could be utilized under the proposed Spending Plan.
Attachments
• Resolution Approving a Spending Plan for Tax Increment Financing District No. 16
C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKI~F06\6 21 10 CC Action Requested.doc
Action Motion by Second by Vote
FOIIOW Up
C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKFF06\G 21 10 CC Action Requested.doc
Extract of Minutes of Meeting of the
City Council of the City of Elk River, Sherburne County, Minnesota
Pursuant to due .call and notice thereof, a regular meeting of the City Council of the City of Elk
River, Minnesota, was duly held in the City Hall in the City of Elk River, on June 21, 2010,
commencing at or after 6:30 P.M.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoption:
RESOLUTION NO. 10-
RESOLUTION APPROVING A SPENDING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO. 16
BE IT RESOLVED By the City Council (the "City Council") of the City of Elk River,
Sherburne County, Minnesota (the "City") as follows:
Section 1. Background; Findings.
(a) On January 27, 1997, the Housing and Redevelopment Authority of the City of Elk
River, Sherburne County, Minnesota (the "Authority") established Tax Increment Financing District
No. 16 (a Redevelopment District) (the "TIF District") and adopted a tax increment financing plan
therefor (the "TIF Plan").
(b) Pursuant to the TIF Plan the Authority incurred certain costs in connection with the
acquisition of land, removal of substandard structures and site preparation (the "Redevelopment
Costs").
(c) On September 23, 2002 the Authority adopted resolution 02-02 to provide for
repayment of an interfund loan used to finance the Redevelopment Costs (the "Interfund Loan
Resolution").
(d) Subject to the approval of the City Council following a public hearing, the Authority
has adopted a spending plan for the TIF District in accordance with Minnesota Statutes, Section
469.176 Subd. 4m in substantially the form submitted to the City (the "Spending Plan") to utilize
369802v1 JSB EL185-12
existing tax increment revenues from the TIF District in order to stimulate construction or
rehabilitation of private development in a way that will also create or retain jobs.
(e) The City has performed all actions required by law to be performed prior to the
approval of the Spending Plan, including, but not limited to, causing notice of a public hearing to be
published and holding a public hearing on the date hereof on the adoption of the Spending Plan.
Section 2. Approval of the Spending Plan.
(a) The Spending Plan for the TIF District is hereby approved and adopted in substantially
the form submitted to the City.
(b) The Authority is hereby authorized to carry out the terms of the Spending Plan in
such manner as it determines.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Passed and adopted by the City Council of the City of Elk River this 21St day of June, 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
369802v1 JSB EL185-12
SPENDING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 16
(A REDEVELOPMENT DISTRICT)
ADOPTED BY HRA JUNE 7, 2010
CITY COUNCIL ADOPTION JiJNE 21, 2010
369391v3 JSB EL185-12
SPENDING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 16
(A REDEVELOPMENT DISTRICT)
I. PURPOSE
The Housing and Redevelopment Authority of the City of Elk River, Minnesota (the
"HRA") proposes to adopt a Spending Plan for Tax Increment Financing District No. 16 (a
Redevelopment District) (the "TIF District") in accordance with Minnesota Statutes, Section
469.176 Subd. 4m.
The purpose of the Spending Plan is to develop or redevelop sites, lands or areas within
the City of Elk River, Minnesota (the "City") in conformance with the City's Comprehensive
Plan by using available tax increments from the TIF District to provide improvements, loans,
interest rate subsidies, or assistance in any form to private development consisting of the
construction or substantial rehabilitation of buildings and ancillary facilities, which will create or
retain jobs in this state.
II. PLAN
The HRA is authorized as follows:
(a) To amend resolution 02-02 to defer payment of the interfund loan
described therein.
(b) To use available tax increments from the TIF District to provide
improvements, loans, interest rate subsidies, or assistance in any form to private development
consisting of the construction or substantial rehabilitation of buildings and ancillary facilities for
(i) outpatient medical clinics, (ii) Class I restaurants of at least 50 seats, (iii) green manufacturing
or other renewable energy facilities, and (iv) general light industrial or manufacturing. The
construction or substantial rehabilitation of such facilities must commence before July 1, 2011
(unless otherwise authorized by law) and would not have commenced by such date without the
assistance provided pursuant to this Spending Plan.
(c) To amend the budget set forth in the Tax Increment Financing Plan for the
TIF District as necessary to provide for the assistance authorized by this Spending Plan.
(d) To take any other action necessary and authorized under Minnesota
Statutes, Section 469.176 Subd. 4m in connection with the construction or substantial
rehabilitation of facilities of the type described in Clause (b) above.
The assistance provided pursuant to this Plan shall be subject to Minnesota Statutes,
Sections 1167.993 to 1167.995 (the "Business Subsidy Law"), if applicable, and shall be subject
to the requirement that the recipient create or retain at least 1 full time equivalent jobs (including
construction jobs) for every $25,000 of assistance provided.
369391v3 JSB EL185-12