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5.1. SR 08-01-2011Ji Elk REQUEST FOR ACTION River To Item Number Ci Council Agenda Section Meeting Date Prepared by Administration August 1, 2011 Annie Deckert, Director of Economic Develo ment Item Description Reviewed by Resolution Approving an Amended Spending Plan for Tax Tim Simon, Finance Director Increment Financing District No. 16- Public Hearing R d by Action Requested Following a public hearing, the Council is asked to adopt attached resolution approving the amended spending plan for Tax Increment Financing District No. 16 Background/Discussion At its June 7, 2010 meeting the HRA authorized staff to proceed in amending 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 rehabilitate private development in a way that will also create or retain jobs. 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. A critical limitation in the amendment was 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. Recent legislation has amended the provisions to extend project commencement to July 1, 2012. At their May 2, 2011 meeting, the HRA approved a resolution authorizing a loan to the Elk River Pizza Ranch project in the amount of $90,000 to cover the SAC/WAC fees and a portion of the land purchase. This was approved by the City Council at their May 3, 2011 meeting. Staff is working with attorney Jenny Boulton to make the necessary changes to the loan agreement as it pertains to the changes in legislation. Because of the state shutdown, the Pizza Ranch Project has been delayed. Mr. McDonald has indicated the project is anticipated to be complete in October of 2011. At their August 1, 2011 meeting, the HRA modified Resolution 11-01 adopting a spending plan for TIF District 16 to reflect the recent changes in legislation as it relates to the construction commencement date. Financial Impact The estimated tax increment to be collected in 2011 is $47,840. This will bring the balance available to an estimated amount of $92,206 at the end of 2011. The original interfund loan will be repaid in 2012. C:\Users\jjohnson\AppData\Local\Micxosoft\Windows\Temporary Internet Files\Content.0utlook\SFWAYSNS\8 1 11 CC Action Requested.doc Attachments Memorandum re: TIF Provisions in Omnibus Technical Tax Bill-outlining extended construction deadlines • Resolution Approving a Spending Plan for Tax Increment Financing District No. 16 Action Motion by Second by Vote Follow Up C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\SFWAYSNS\8 1 11 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 August 1, 2011, 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. 11- RESOLUTION APPROVING AN AMENDED 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. 1.01 Minnesota Statutes, Section 469.176 Subd. 4m, (the "Temporary TIF Authority Act") was amended by the omnibus technical tax bill (Chapter 112 - HF 1219) signed into law by Governor Dayton on May 31, 2011 to extend deadlines originally set to expire in 2011. 1.02. The Temporary TIF Authority Act, as amended, authorizes the Housing and Redevelopment Authority of the City of Elk River, Minnesota (the "Authority") to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to 369802v2 JSB EL185-12 private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before July 1, 2012; (3) The construction would not have commenced before that date without the assistance; (4) Tax increments under the Spending Plan are spent by December 31, 2012; and (4) The City Council approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions. 1.03. The City Council and the Authority have adopted a spending plan for the following Tax Increment Financing District No. 16 (the "TIF District") in accordance with the Temporary TIF Authority Act (the "Spending Plan") to utilize existing tax increment revenues from the TIF Districts in order to stimulate construction or rehabilitation of private development in a way that will also create or retain jobs. 1.04. The Authority proposes to amend the Spending Plan to conform to the amendments to the Temporary TIF Authority Act and authorize the use of tax increments expected to be generated over the extended period. 1.05. On this date, the City Council held a public hearing regarding amending the Spending Plan, for which notice was published in a newspaper of general circulation in the City at least once, not less than ten days nor more than 30 days prior to the hearing, and at which hearing all persons were given the opportunity to be heard. Section 2. Approval of the Spending Plan. 2.01 The Spending Plan for the TIF District, as amended, is hereby approved and adopted in substantially the form submitted to the City. 2.02 The Authority is hereby authorized to carry out the terms of the Spending Plan in such manner as it determines, subject to compliance with all terms and conditions of the Temporary TIF Authority Act, as amended. 369802v2 JSB EL185-12 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. Mayor John J. Dietz City of Elk River, Minnesota City Clerk City of Elk River, Minnesota 369802v2 JSB EL185-12 STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) SS. CITY OF ELK RIVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Elk River, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on August 1, 2011, with the original thereof on file in my office and the same is a full,. true and complete transcript therefrom insofar as the same relates to the approval of an amended spending plan for Tax Increment Financing District No. 16. WITNESS my hand as City Clerk on this 1St day of August, 2011. City Clerk City of Elk River, Minnesota 369802v2 JSB EL185-12 Kennedy Ul' Graven Offices in Minneapolis Saint Paul St. Cloud C H A R T E R E p 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action Equal Opportunity Employer MEMORANDUM FROM: Mary Dyrseth Jenny Boulton DATE: June 6, 2011 RE: TIF Provisions in Omnibus Technical Tax Bill -CHAPTER 112 (HF 1219) The Jobs Bill (Chapter 216 -House File 2695) enacted in 2010, included several provisions which liberalize the use of tax increment financing in order to stimulate job creation. Provisions in the Jobs Bill relating to the creation of economic development districts for broader categories of development (including housing and commercial) and provisions relating to temporary pooling in accordance with a spending plan had time limits originally set to expire in 2011. Those deadlines have been extended by the omnibus technical tax bill (Chapter 112 - HF 1219) signed into law by Governor Dayton on May 31, 2011. Chapter 112 also contains a provision allowing pooling of tax increments for developing housing on sites of abandoned and foreclosed residences. Jobs Bill TIF Timelines Generally. For most types of development, the Jobs Bill TIF deadlines have been extended exactly one year. Consequently, tax increment authorities may continue to create economic development districts for most types of development if: (a) the municipality finds the project will create or retain jobs in the state, including construction jobs, and the construction of the project would not have commenced before July 1, 2012 without the assistance to be provided; (b) construction of the project begins no later than July 1, 2012; and (c) .the request for. certification of the district is made to the county no later than June 30, 2012. Likewise, tax increment authorities may continue to use tax increments from an existing tax increment district, whenever the district was certified and not withstanding any law to the contrary, to provide assistance in any form or make an equity investment in a private entity, if: and (a) doing so will create or retain jobs in the state, including construction jobs; 387282v1 JSB KG400-1 (b) private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities commences before July 1, 2012, and would not commence before that date without the assistance; and (c) tax increments under the spending plan are spent on or before December 31, 2012. The municipality must approve a written spending plan that specifically authorizes the assistance following a public hearing on the spending :plan. Tax increment authorities should consider reviewing any existing spending plans and revising any provisions reflecting the previous deadlines, subject to a new public hearing and approval by the municipality. There were no changes to the law relating to establishment of "compact development districts" for which the request to certify must be filed with the county before June 30, 2012. 2. Timeline for Housing Projects. Notwithstanding the foregoing, the timelines for housing developments were not extended as liberally. (a) To use economic development districts for low/moderate income housing, construction must commence before July 1, 2011 (i.e., no extension of time from the 2010 legislation). (b) To use economic development districts for market rate housing, construction must commence before January 1, 2012 (i.e., a six-month extension of time from the 20101egislation). (c) To use temporary pooling in accordance with a spending plan for low/moderate income housing, construction must commence before July 1, 2011, and tax increments under the spending plan must be spent on or before December 31, 2011. (d) To use temporary pooling in accordance with a spending plan for market rate housing, construction must commence before January 1, 2012, and tax increments under the spending plan must be spent on or before July 31, 2012. 3. Pooling of Tax Increments for Developing Housing on Sites of Abandoned and Foreclosed Housing. Authorities may increase by up to ten percentage points the permitted amount of tax increments (25% for redevelopment districts, 20% for others) from an existing tax increment district for expenditures outside of such tax increment district to pay the cost of site acquisition, relocation, demolition of existing structures, site preparation, and pollution abatement on one or more parcels, if the parcel contains a residence containing one to four family dwelling units that has been vacant for six or more months and is in foreclosure, and only after the redemption period stated in the notice provided under section 580.06 has expired. The acquired and cleared parcels must be used for housing, the market value of which does not exceed the lesser of: (a) 150 percent of the average market value of single-family homes in that municipality; or 387282v1 JSB KG400-1 2 (b) $200,000 for municipalities located in the 7-county metropolitan area, or $125,000 for all other municipalities. The authority to spend tax increments under this authorization expires on December 31, 2016. Expenditures of tax increments are allowed beyond that date only to pay bonds or binding contracts that would qualify as having been expended for purposes of the 5-year rule. 387282v1 JSB KG400-1 3 SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 16 (A REDEVELOPMENT DISTRICT) n rvw-r~: rz u~,> x..rv n HOUSING AND_REDEVELOPMENT_AUTHORITY ADOPTION JUNE -- 7, ~-l-tJ20_1_~, AS AMENDED, AUGUST 1.2011 CITY COUNCIL ADOPTION JUNE 21, ~r2010, AS AMENDED, AUGUST 1.2011 369391v34 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 "Temaorarv :TIF Authority Act''). 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, ~fI-11- r.,,,l.,°° ^*"~~~~ ~°~~2012 (or _such_later _date as authorized b~=-lawunder the Temborarv TIF Authority Act if amended) 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 l~ .. , ~--7-€i---St~Ei~ ~- ~n he Temborarv TIF Authority Act 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 116J.993 to 116J.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. 369391v4 JSB EL185-12 The authority to spend tax increments t~ursuant to this ~endin~ Plan tern~inates on December 31, 2012 (or such later date as authorizedunder the Temporary TIF Authority Act; if amended). 369391v34 JSB EL185-12