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4.2. SR 12-01-1997,.-.y of · .lver MEMORANDUM Item # 4.2. TO: FROM: DATE: SUBJECT: Mayor & City Council Paul T. Steinman, Director of Economic Development December 1, 1997 Public Hearing on Modification of Tax Increment District No. 5 Issue The purpose of this agenda item is to hold a pubhc hearing as required by state law to modify the Tax Increment Financing Plan for Tax Increment Financing District No. 5 (Alltool). The purpose of this Modification is to allow for the expenditure of approximately $195,000 to $225,000 in excess TIF funds from this Tax Increment District. It is proposed within the Plan Modification, as attached to this report, that the funds be used for land acquisition and/or other pubhc improvements. Staff is currently negotiating with two property owners at this time to accommodate this transaction. Attachments · Modifications to the TIF Plan for TIF District No. 5 · City of Elk River Resolution 97 - __ modifying TIF Plan for TIF District No. 5 · Original TIF Plan for TIF District No. 5 dated June 20, 1988 · City of Elk River Resolution No. 88-47 approving TIF Plan for TIF District No. 5 Recommendation Staff recommends the City Council adopt Resolution 97-__, a Resolution modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 5 in the City of Elk River. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 MODIFICATIONS TO THE TAX INCREMENT FINANCING PLAN for Tax Increment Financing District No. 5 (A Economic Development District) The City of Elk River Sherburne County Elk River, Minnesota Prepared: Adopted: September 11, 1997 Revised: December 1, 1997 Prepared by: City of Elk River 13065 Orono Parkway Elk River Minnesota 55330 (612) 441-7420 With final review by: Doherty Rumble & Butler, PA 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402-4235 (612) 340-5584 The modifications below are intended to replace specific sections of the Tax Increment Financing Plan for Tax Increment Financing District No. 5, adopted by the Council on June 20, 1988. Please refer to the complete Tax Increment Financing Plan, available from the office of the Economic Development Director, City of Elk River. F. 7. Estimate of Project Costs. The estimate of public costs associated with District No. 5 are outlined in the following line item budget. This estimate of public costs is intended to supplement any previous estimate of project costs found in the Tax Increment Financing Plan for Tax Increment Financing District No. 5, adopted by the City Council on June 20, 1988. The following costs only include costs for projects that have not yet been started. Costs for completed projects within the District that have been completed are not included. The budget below is intended to authorize additional expenditures over and above any expenditures made in any category as of the date of this amendment. Estimate of Public Costs - Project Cost Summary Land Acquisition and Public Improvements Costs: TOTAL: $225,000 $225,000 Administration costs to cover city staff and overhead and various consulting fees in an amount not to exceed ten percent of total tax increment may also be funded with tax increments from District No. 5 in addition to above-mentioned costs. Boundary Map of Tax Increment Financing District No. 5 t' ; : ,) RESOLUTION 97 - CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA A RESOLUTION MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 BE IT RESOLVED by the City Council ( the "Council") of the City of Elk River, Minnesota (the "City") as follows: Section 1. - Recitals. 1.01. It has been proposed that the Council modify the Tax Increment Financing Plan ("Plan Modification") for Tax Increment Financing District No. 5, and adopt the related Plan Modification therefore, pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1081 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Plan Modification, and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Plan Modification. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Plan Modification, including, but not limited to, notification of Sherburne County and School District No. 728 having taxing jurisdiction over the property located within District No. 5, a review of and action taken on the Plan Modification by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plan Modification and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City files and proceedings on the Plan Modification. The Reports include data, information, and/or substantiation constituting or relating to the basis for findings and determinations made in this Resolution. The Council hereby confirms, ratifies, and adopts the Reports which are hereby incorporated into and made as fully a part of this Resolution to the same extent as if set forth in full herein. Section 2. - Findings for the Adoption and Approval of the Plan Modification. 2.01. The Council hereby finds that the Plan Modification is intended, and in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Development Program for Development District No. 1 and the original Tax Increment Financing Plan for Tax Increment Financing District No. 5, which are hereby incorporated herein. Section 3. - Findings for the Modification of Tax Increment Financing District No. 5. 3.01. The Council hereby ratifies, in there entirety, the original findings established at the time of approval of the Tax Increment Financing Plan for Tax Increment Financing District No. 5, made on June 20, 1988, and appearing in the City of Elk River Resolution No. 88-47. Section 4. - Approval and Adoption of the Plan Modification. 4.01. The Plan Modification, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted, and shall be placed on file in the office of the Executive Director of the Economic Development Authority. 4.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plan Modification and to negotiate, draft, prepare, and present to this Council for its consideration all further Plans, Resolutions, Documents, and Contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was introduced by Councilmember and duly seconded by Councilmember , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: December 1, 1997 Henry A. Duitsman, Mayor ATTEST: Sandra Thackeray, City Clerk TAX INCREME~ FINANCING PLAN Tax Increment Financing District No. 5 City of Elk River June 20, 1988, as amended October , 1988 FINANCING TEAM CITY COUNCIL Estelle Gunkel, Mayor G. Schuldt, Councilmember J. Tralle, Councilmember H. Dobel, Councilmember R. Holmgren, Councilmember PLANNING COMMISSION D. Kropuenske, Chairman A. Fuchs, Commissioner D. Barret, Commissioner B. Morton, Commissioner P. Kimball, Commissioner R. Johnson, Commissioner N. Olson, Commissioner' CIT~ OFFICIALS Patrick Klaers, city Administrator Richard Fursman, Economic Development Coordinator Lori Johnson, Finance Director CONSULTANTS City Attorneys: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. David C. Sellergren Peter K. Beck City Engineers: MAIER STEWART AND ASSOCIATES Terry Maurer Financial Consultants: SPRINGSTED INCOKPOP~ATED Ronald W. Langness David N. MacGillivray Business Development Services, Inc. Michael J. Mulrooney TABLE OF CONTENTS TAX INCREMENT FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 5 DEFINITIONS A. STATEMENT OF OBJECTIVES ........................ B. CLASSIFICATION OF THE TIF DISTRICT ............. C. DEVELOPMENT PROGRAM ............................ 1. Development Program for the Development District ................... 2. Property to be Included in the TIF District ........ 3. Property Acquired a~ to ~ ~i~...~ 4. Development to Occur Within the TIF District ....................... 5. Jobs to be Created .................... Future TIF Districts D. DEVELOPMENT ACTIVITIES ......................... Private Development Activity ............. Public Development Activities ............ E. OTHER DEVELOPMENT .............................. F. FINANCIAL ANALYSIS OF THE TIF DISTRICT ......... 1. Preliminary Cost Estimates of the Improvements to be Financed ............ 2. Amount of Indebtedness to be Incurred .... 3. Sources of Revenue ....................... 4. Original Assessed Value .................. 5. Captured Assessed Value ................... 6. Duration of the TIF District ............. G. CASH FLOW ANALYSIS ............................. H. ESTIMATED IMPACT OF THE TIF DISTRICT ON OTHER TAXING JURISDICTIONS ................ Estimated Impact of the TIF District on Assessed Values of Other Taxing Jurisdictions Assuming that the Estimated Captured Assessed Value Would be Available to Other Taxing Jurisdictions Without Creation of TIF District No. 5 ........................ iii 1 4 5 5 5 5 6 6 6 7 7 7 8 8 8 9 9 9 10 11 11 12 12 Estimated Impact of the TIF District on Assessed Values of Other Taxing Jurisdictions Assuming that None of the Captured Assessed Value Would be Available to Other Taxing Jurisdictions Without Creation of TIF District No. 5 ...................... STUDIES AND ANALYSIS USED TO DETERMINE THE NEED FOR TAX INCREMENT FINANCING ........................... Je ADMINISTRATIVE PROCEDURES AND REQUIREMENTS ................................. 1. Modification of the TIF Plan or Change in Boundaries of the TIF District 2. Use of Tax Increment 3. Excess Tax Increments ..... 4. Tax Increment Account .................... 5. Limitation on Administrative Expenses ............................ 6. Limitation on I~creme~t ................. ~ 7. Annual Disclosure 8. Administration of-'- -'-the'TIF District ............................... EXHIBIT A: Development Program for Development District No. 1 EXHIBIT B: Certification of County Auditor EXHIBIT C: Cash Flow Analysis EXHIBIT D: Impact on Other Taxing Jurisdictions 13 14 14 14 15 15 16 16 16 17 18 ii. DEFINITIONS The following terms used in this document have the meanings given them. "City" means the City of Elk River, Minnesota. "Development Districts Act" means the Minnesota Development Districts Act, Minnesota Statutes, § 469.124, et seq., as amended. "Development District" means Development District No. 1, the Development District established by the City, pursuant to the Development Districts Act. "Development Program" means the development program for Development District No. 1, adopted by the City pursuant to the Development Districts Act, as amended through November 30, 1987. "TIF District" means Tax Increment Financing District No. 5, an Economic Development Tax Increment Financing District established by the City pursuant to the TIF Act. "TIF Plan" means the tax increment financing plan for Tax Increment Financing District No. 5. "TIF Act" means the Minnesota Tax Increment Financing Act, Minnesota Statutes, ~§ 469.174 et seq., as amended. iii. TAX INCREMENT FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 5 A. ST/tTEMENT OF OBJECTIVES Tax Increment Financing District No. 5 is located entirely Within the City's Development District No. 1, a municipal development district created and established pursuant to the Development Districts Act. The Development Program for Development District No. 1, adopted by the City on April 1, 1985, and amended on January 27, 1986 and November 30, 1987, is attached as Exhibit A to this TIF Plan. The objectives of the Development District are set forth in the Development Program and are hereby incorporated into this TIF Plan. The City Council of the City of Elk River, Minnesota determines that it is necessary, desirable, and in the public interest to designate, establish, develop, and administer an economic development tax increment financing district in the City of Elk River pursuant to the provisions of Sections 469.174 to 469.179 inclusive, of Minnesota Statutes. The purpose of the TIF District is to acquire a development site within the Elk River Industrial Park, to correct soil conditions on this development site, and to make the site available to an existing industrial employer in the City so that this employer can relocate and expand its business in the City of Elk River rather than moving its operations out of the City. The City of Elk River Industrial Park was initially platted and the first phase developed by Elk River Associated Investors in 1972, without any City assistance or participation. By 1987, eight (8) businesses had located in the Industrial Park, occupying eight (8) of sixteen (16) lots available. However, there have been no sales of any lots, and no new construction in the Industrial Park, for two (2) years. Special assessments and real estate taxes on unsold lots were in serious arrears until the creation of TIF District No. 5. After careful review and analysis, the City determined that in order for the Industrial Park to attract new businesses to the City and the Industrial Park, and to pay existing taxes and other obligations, it would be necessary for the City to step in and assist in installing the necessary public improvements to complete the development of Phase II of the Industrial Park. An agreement was negotiated with Elk River Associated Investors pursuant to which the City would install the necessary public improvements to complete development of the Industrial Park, and Elk River Associated Investors would refund a portion of the proceeds from any sales of lots in Phase II of the Industrial Park to the City and apply the balance of any sale proceeds to pay outstanding special assessments and taxes on unsold lots in the Industrial Park. Alltool Company has been located in the Elk River Industrial Park since 1982. This is a local business which has grown from four employees to over one hundred twenty-five (125) today. Alltool has outgrown its present facilities in Phase I of the Industrial Park and can no longer expand at this location. Alltool has, therefore, been looking at possible o relocation sites, including sites outside of the City of Elk River. Alltool has advised the City that it will relocate to Phase II of the Industrial Park if the City assists in the acquisition of land for this purpose. The purpose of the TIF District, therefore, is to acquire and correct soil conditions on a development site in Phase II of the Elk River Industrial Park for the relocation of Alltool. This will allow Alltool to remain in and to expand in the City of Elk River, resulting in increased employment in the City and the preservation and enhancement of the City's tax base. The cost of acquiring and correcting soil conditions on this development site will be recaptured from tax increment generated by the new Alltool facility to be constructed on the site. Furthermore, the funds paid to Elk River Associated Investors for purchase of the site will be applied, in part, to the repayment of outstanding special assessments and taxes against the Industrial Park. The specific objectives of the TIF District are as follows: 1. To provide financing for the acquisition of certain property (specifically identified in Section C.2 below) located within Phase II of the Elk River Industrial Park. 2. To provide financing for the correction of soil conditions on the property identified in Section C.2 below. 3. To acquire and correct soil conditions on the property identified in Section C.2 below for conveyance of the property to Alltool Company, to be used by Alltgol for the development of an eighty-five thousand (85,000) square foot manufacturing facility employing up to one hundred seventy-five (175) people. 4. To provide financing for additional public improvements and other assistance necessary for the continued development and expansion of the Elk River Industrial Park. 5. To provide financing for additional public improvements within the Development District as found by the City Council to be necessary or appropriate to meet the purposes of the Development District. 6. To provide opportunities for the development of land within the Development District; 7. To provide increased employment in the City; 8. To preserve and enhance the tax base of the City; 9. To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. B. CLASSIFICATION OF THE TIF DISTRICT The TIF District will discourage commerce, industry, and manufacturing from moving their operations to another state by making sites available for those and other uses in the City, it will result in increased employment in the City, and it will result in the preservation and enhancement of the tax base of the City. The TIF District is located entirely within the City's Development District No. 1, a development project undertaken in accordance with Minnesota Statutes Section 469.124, et seq. Therefore, pursuant to Minnesota Statutes ~ 469.174, subd. 12, the TIF District qualifies as an economic development tax increment financing district. 4. Ce DEVELOPMENT PROGRAM 1. Development Proqram for the Development District The Development Program for the Development District is attached to this TIF Plan as Exhibit A and is hereby incorporated herein. The Development Program identifies the boundaries of the Development District, identifies the properties acquired within the Development District, and lists the development expected to occur within the Development District. 2. Property to be Included in the TIF District The legal descriptions of the properties to be included in the TIF District are as' follows: Lot 1, 'Block 1, Elk River Industrial Park, Second Addition Lot 2, Block 1, Elk River Industrial Park, Second Addition Lot 3, Block 1, Elk River Industrial Park, Second Addition Lot 4, Block 1, Elk River Industrial Park, Second Addition Attached as Exhibits A-1 and A-2 are a map and survey showing the exact location of the TIF District in the City of Elk Kiver. 3. Property Acauired and to be Acquired The Development Program identifies a one-acre site of property acquired in the Development District for the construction of a new water tower. This water tower site, along with necessary permanent and temporary easements for water main, is the only property acquired to date in the o Development District. A small amount of additional property, along with necessary permanent and temporary easements, will be acquired in the Development District for proposed water and sanitary sewer improvements. The specific property to be acquired has not yet been identified. All of the property within the TIF District (identified in Section C.2 above) will be acquired by the City and conveyed to Alltool Company. Alltool Company has entered into an Assessment Agreement for development of the property acquired which provides recourse for the City if the Alltool development is not completed. 4. Development to Occur Within the TIF District Development within the TIF District will include the correction of soil conditions and construction of the eighty- five thousand (85,000) square foot Alltool manufacturing facility and related out-buildings and other improvements. 5. Jobs to be Created A primary objective of the Development Program and of this TIF Plan is the creation of additional jobs in the City. Development of the new Alltool facility will create approximately fifty (50) temporary construction jobs and up to fifty (50) permanent jobs in the new facility. 6. Future TIF Districts It is the City's intent to create a number of tax increment districts within the Development District as private development occurs, in order to use the tax increment generated by such development to finance or otherwise pay the cost of selected public improvements and other development costs, including the cost of water and sanitary sewer system improvements. D. DEVELOPMENT ACTIVITIES 1. Private Development Activity Ail major development proposals for the Development District which the City was aware of on'October 30, 1987, are listed in Section I. of the amended Development Program for the Development District. The City is not aware of any contracts having been entered into at the time of the preparation of this TIF Plan with respect to any of those private development proposals, except as noted below. Development Activity within the TIF District will include the eighty-five thousand (85,000) square foot Alltool manufacturing facility on the property identified in Section C.2 above. It is estimated that the taxable assessed value of this facility will be Eight Hundred Eight Thousand Dollars ($808,000). The Facility is expected to be substantially completed in 1988, and to begin operations in early 1989. The City is not aware of any contract having been entered into at this time with respect to the Alltool facility. However, the City will enter into a development agreement with respect to the facility prior to the acquisition of property within the TIF District. 2. Public Development Activities Public improvements proposed for the Development District are identified in the Development Program. Other public improvements, including, but not limited to, soil correction, grading, utilities, streets, curb and gutter, and sidewalks, may also be installed in the Industrial Park or in other areas of the Development District if determined by the City Council to be necessary and appropriate to meet the purposes of the Development Program. No contracts have been entered into at this time with respect to these public development activities. Public development activities within the TIF District will be limited to the correction of existing deficient soil conditions by the removal of bad soil (peat) and the replacement of bad soils with compactible fill. E. OTHER DEVELOPMENT All major development proposals of which the City is aware and which the City expects to take place within the Development District are listed in Section I of the Development Program. To the City's knowledge, this list identifies all major development reasonably expected to take place within the Development District and the dates when such development is likely to occur. No development other than that specifically identified in Section D above is proposed for the TIF District. F. FINANCIAL ANALYSIS OF THE TIF DISTRICT 1. Preliminary Cost Estimates of the Improvements to be Financed: Property Acquisition $225,000 Correction of Soil Conditions 68,000 Administrative and legal 22,000 Capitalized interest 45~000 Total estimated costs $360~000 o 2. Amount of Indebtedness to be Incurred: $360,000 3. Sources of Revenue: Incurred indebtedness 360~000 Total Revenue $360t000 4. griginal Assessed Value The original assessed value of all taxable real property in TIF District No. 5, based on assessed valuations established as of January 1, 1988, for real estate taxes to be paid in 1989, is estimated to be Fifteen Thousand Dollars ($15,000). The proposed County Auditor certification to this value is attached as Exhibit B to this Document. Pursuant to Minn. Stat. § 469.177, subd. 1 of the TIF Act, it is estimated that the annual percentage increase in the original assessed valuation of the property in the TIF District will be three percent. The original assessed value for TIF District No. 5 can therefore be estimated for the term of the TIF District as follows: Levy Year 1988 $15,000 Levy Year 1989 15,450 Levy Year 1990 15,914 Levy Year 1991 16,391 Levy Year 1992 16,883 Levy Year 1993 17,389 Levy Year 1994 17,911 Levy Year 1995 18,448 Levy Year 1996 19,002 5. Captured Assessed Value Each year the assessed value of the TIF District will be adjusted to reflect current valuation changes resulting from development within the TIF District. The estimated value upon completion of development and the estimated date of completion are set forth in Section D.1 of this TIF Plan. Using these figures for estimated value at completion and proposed date of completion, and the figures for original assessed value set forth in Section F.4 above, the estimated captured assessed value of TIF District No. 5 during the years 1988 through 1997 can be calculated as follows: Estimated Original Assessed Assessed Value Value Estimated Captured Assessed Value Levy Year 1988 $ 15,000 $15,000 $ 0 Levy Year 1989 400,000 15,450 384,550 Levy Year 1990 808,000 15,914 792,087 Levy Year 1991 808,000 16,391 791,609 Levy Year 1992 808,000 16,883 791,117 Levy Year 1993 808,000 17,389 790,611 Levy Year 1994 808,000 17,911 790,089 Levy Year 1995 808,000 18,448 789,552 Levy Year 1996 808,000 19,002 788,998 Ail of the captured assessed value will be required to finance the acquisition of and correction of soil conditions on the property within the TIF District for conveyance to Alltool, and to finance public improvements necessary to permit additional development in the Development District. Therefore, the City 10. elects, pursuant to Minn. Stat. § 469.177, subd. 2(a)(1), to retain the full captured assessed value of the TIF District and to use all of the tax increment generated by the TIF District for the purposes identified in this TIF Plan. 6. Duration of the TIF District In accordance with § 469.176, subd. 1 of the TIF Act, the City, with this economic development TIF District, may continue to receive tax increment payments until eight years from the date of the receipt of the first increment, or until ten years from approval of the TIF Plan, whichever is less. The City approved the TIF Plan on June 20, 1988, and will approve the amended TIF Plan on October ~., 1988. Therefore, one defined termination date after which tax increment income cannot be received is June 20, 1998. The City will request the County Auditor to distribute all taxes payable in 1989, from the TIF District to all taxing jurisdictions and to make no distribution of tax increment to the City for taxes payable in 1989 from the TIF District. The first tax increment from the TIF District to be received by the City will be received for taxes payable in 1990. Tax increment will continue to be received by the City for eight full years, to and including 1997, at which time no further increments may be received by law and the TIF District will terminate. G. CASH FLOW ANAL¥SIS Attached as Exhibit C to this TIF Plan is the Cash Flow Analysis for TIF District No. 5. 11. The cash flow analysis attached as Exhibit C to this plan includes an estimate of the amounts of additional revenues which may be needed to meet the debt service on the proposed indebtedness. ESTIMATED IMPACT OF THE TIF DISTRICT ON OTHER TAXING JURISDICTIONS 1. Estimated Impact of the TIF District on Assessed Values of Other Taxinq Jurisdictions Assuminq that the Estimated Captured Assessed Value Would be Available to Other Taxing Jurisdictions Without Creation of TIF District No. 5. Pursuant to Minnesota law, tax increment generated by development within the TIF District may only be captured by the City for a period of eight years. During this eight-year period other taxing jurisdictions will continue to receive taxes from the property within the TIF District based on the current assessed value (or "original assessed value") of the property, just as if no development had occurred on the property. In fact, state law requires the County Auditor to increase the original assessed value of the property in the TIF District (the value available to other jurisdictions for taxation) by, in this instance, 3% per year to account for normal inflation. Attached as Exhibit D to this TIF Plan is a schedule which shows the impact of the TIF District on the assessed values of other taxing jurisdictions assuming that the estimated captured assessed value would be available to the other taxing jurisdictions without creation of the TIF District. This schedule shows the estimated total assessed value for each jurisdiction for each year of the TIF District (assuming that 12. total assessed value increases at the same three percent (3%) per year rate as the original assessed value of the TIF District), the estimated captured assessed value for each year of the TIF District, and the percentage impact of the estimated captured assessed value on the estimated total assessed value. 2. Estimated Impact of the TIF District on Assessed Values of Other Taxinq Jurisdictions Assuminq That None of the Captured Assessed Value Would be Available to Other Taxinq Jurisdictions Without Creation of TIF District No. 5. The City Council of the City of Elk River has made a determination that the Alltool project would not reasonably be expected to occur without creation of TIF District No. 5 and the use of tax increment financing. Therefore, none of the assessed value captured for the eight (8) years of the TIF District would be available to other taxing jurisdictions without the creation of TIF District No. 5. Therefore, there is no negative impact on the assessed values of other taxing jurisdictions during the term of the TIF District, particularly in light of the fact that the original assessed value of the properties in the TIF District will increase by three percent (3%) per year. There will be a substantial favorable impact on other taxing jurisdictions once the eight (8) year tax increment district expires. The Alltool facility made possible by creation of the TIF District will contribute significantly to the tax base of all taxing jurisdictions, including the County and School Board. 13. More important is the negative impact on all taxing jurisdictions if the TIF District is not created and the Alltool facility not constructed. This would mean the relocation of Alltool outside of the City of Elk River. The abandonment of their existing facility would mean a loss of this tax base for all taxing jurisdictions. I. STUDIES AND ANALYSIS USED TO DETERMINE THE NEED FOR TAX INCREMENT FINANCING The City Council's determination that the Alltool project cannot reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and that therefore the use of tax increment financing is necessary, has been made after careful consideration and analysis of communications received from and discussions had with the owners of Alltool. Through these communications and discussions it has been determined that the Alltool project will not proceed solely with private investment and that public participation in the form of tax increment financing is necessary in order for the project to occur and the objectives of the development program and the TIF plan to be met. J. ADMINISTRATIVE PROCEDURES AND REQUIREMENTS 1. Modification of the TIF Plan or Chanqe in Boundaries of the T~F District Pursuant to Minn. Stat. § 469.175, subd. 4, any modification of this TIF Plan which would: provide for any reduction or enlargement of the geographic area of the Development District or the TIF District; increase the amount of bonded indebtedness to be incurred; increase or decrease the 14. amount of interest on the debt to be capitalized; increase the portion of captured assessed value to be retained by the City; increase the total estimated tax increment expenditures; or increase the designation of additional property to be acquired will only be approved by the City Council after notice to the public, discussion with the planning commission, the holding of a public hearing, and the making of findings required for the approval of the TIF Plan itself. The geographic area of the TIF District may be reduced, but may not be enlarged after five years following the date of certification of the original assessed value by the County Auditor. 2. Use of Tax Increment Pursuant to Minn. Stat. § 469.176, subd. 4, all tax increment revenues derived from the TIF District shall be used in accordance with this TIF Plan and shall be used solely for the following purposes: a) to pay the principal of and any interest on indebtedness issued pursuant to the TIF Plan; b) to finance or otherwise pay the capital and administrative costs of the Development District. 3. Excess Tax Increments It is not anticipated that the TIF District will generate excess tax increment. However, pursuant to Minn. Stat. § 469.176, subd. 2, in any year in which the tax increment should exceed the amount necessary to pay the costs authorized by this TIF Plan, the City shall use the excess amount to do any of the following, in the order determined by the City Council: 15. a) b) c) Prepay any outstanding bonds; Discharge the pledge of tax increment therefor; Pay into an escrow account dedicated to the payment of such bonds; or d) Return the excess amount to the County Auditor for distribution to the City, County, and school district in proportion to their respective mill rates. 4. Tax Increment Account Pursuant to Minn. Stat. ~ 469.177, subd. 5, the tax increment received as a result of increases in the assessed value of the property within the TIF District will be maintained in a special account or accounts separate from all other municipal accounts and expended only as provided in this TIF Plan and as allowed by Minnesota Statutes § 469.174, et seq. 5. Limitation on Administrative Expenses Pursuant to Minn. Stat. § 469.176, subd. 3, no tax increment shall be used to pay any administrative expenses which exceed 10% of the total tax increment expenditures authorized by this TIF Plan, or the total tax increment expenditures for the project, whichever is less. 6. Limitation on Increment Pursuant to Minn. Stat. §~ 469.176, subd. 6, if, after four years from the date of certification of the original assessed value of the TIF District, no demolition, rehabilitation, or renovation or other site preparation, including improvement of a street adjacent to a parcel, but not 16. installation of utility service including sewer or water systems, has been commenced on a parcel located within the TIF District in accordance with this plan, no additional tax increment will be taken from that parcel and the original assessed value of that parcel will be excluded from the original assessed value of the TIF District. If development of the parcel subsequently commences, the parcel shall be returned to the TIF District as provided in Minn. Stat. § 469.176, subd. 6. 7. Annual Disclosure Pursuant to Minn. Stat. § 469.175, subd. 5, on or before July 1 of each year, the City will submit to the County Board, the School Board, and the Commissioner of Trade and Economic Development, a report on the status of the TIF District. This report will include the following information: The amount and source of revenue in the account; The amount and purpose of expenditures from the a) b) account; c) The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtednesses; d) e) f) districts; g) h) The original assessed value of the district; The captured assessed value retained by the City; The captured assessed value shared with other taxing The tax increment received; and Any additional information necessary to demonstrate compliance with this TIF Plan. 17. In addition, an annual statement showing the tax increment received and expended in that year, the original assessed value, the captured assessed value, the amount of outstanding bonded indebtedness, and any additional information the City deems necessary, will be published in a newspaper of general circulation in the City. 8. Administration of the TIF District Administration of the TIF District will be the responsibility of the City Administrator, under the supervision of the City Council. PKB:AS7 18. DEVELOPMENT PROGRAM Development District No. 1 City of Elk River April 1, 1985 As amended, November 30, 1987 CITY OF ELK RIVER CITY COUNCIL Este!le Gunkel, Mayor G. Schuldt, Counci!member J. Tralle, Councilmember R. Holmgren, Councilmember H. Dobel, Councilmember PLANNING COMMISSION S. Wilson, Chairman A. Fuchs, Commissioner M. Temple, Commissioner D. Barrett, Commissioner B. Morton, Commissioner D. Kropuenske, Commissioner P. Kimball, Commissioner CITY OFFICIALS Patrick Klaers, City Administrator CONSULTANTS City Attorneys': City Engineers: Financial Consultants: LA_RKIN, HOFFM_I/q, DALY'& LINDGREN, L=d. David C. Sellergren Peter K. Beck MAIER STEWART AND ASSOCIATES Terry Maurer SPRINGSTED INCORPOPOkTED David N. MacGi!!ivray This document constitutes the City of Elk River's Development ~rogram for Development District No. 1. The Development Pro~ram for Development District No. 1 was originally adopted by'the City Council of the City of Elk River on April 1, 1985. This document incorporates amendments to the Development Program adopted by the City Council pursuant to Minn. Stat. § 469.124, et seq., through November 30, 1987. DEFINITIONS The following terms used in this document have the meanings given them. "City" means the City of Elk Kiver, Minnesota. "Development Districts Act" means the Minnesota Developmen~ Districts Ac~, Minn. Stat. § 469.124, et seo., as amended. "Development District' means Development District No. 1, the Development District established by the City, pursuant to the Development Districts Act. "Development Program" means the development program for Development District No. 1, adopted by the City pursuant to the Development Districts Act, as amended through November 30, 1987. B. C. D. TABLE OF CONTENTS DEVELOPMENT PROGRAM bEVELOPMENT DISTRICT NO. I Ge EXHI EXHI BOUNDARIES LAND 1. 2. STATUTORY AUTHORITY ................................ STATEMENT OF PUBLIC PURPOSE ........................ OF THE DEVELOPMENT DISTRICT .............. USE IN THE DEVELOPMENT DISTRICT ............... Present Lahd Use .............................. Future Land Use ............................... STATEMENT OF OBJECTIVES ....... i .................... PUBLIC FACILITIES TO BE CONSTRUCTED ........... . ..... 1. 1985 Water Tower'and Watermain Improvements... 2. Proposed Water System Improvements ............ 3. Proposed Sanitary Sewer System Improvements... 4. Additional Public Improvement Projects ........ 5. Unscheduled Public Improvements ............... 6. Evans Park Public Improvements ................ OPEN SPACE CREATED ................................. ENVIRONMENTAL CONTROLS ............................. PRIVATE PROPERTY .................... County Courthouse ................... Industrial Park ..................... 3. Anoka County Resource Recovery Plant .......... ADMINISTRATION OF THE DEVELOPMENT DISTRICT ......... BIT A: Development District No. 1 BIT B: Proposed Water System and Sanitary Sewer System Improvements DEVELOPMENT OF 1. Sherburne · 2. Elk River 1 1 2 3 3 3 4 4 4 5 5 6 6 7 7 7 8 8 8 9 9 DEVELOPMENT PROGRAM DEVELOPMENT DISTRICT NO. 1 A. STASVJTORY AUTHORIT~ The statutory authority empowering the City to establish the Development District in April, 1985 was Minn. Stat. Chapter 472A, the Minnesota Municipal Development Districts Act. In 1987, the Development. Districts Act was recodified as Minn. Stat. S 469.124, et sec. This Development Program has been prepared and amended in accordance with the applicable provisions of the Development Districts Act. B. STATEMENT OF PUBLIC PURPOSE The City Council of the City of Elk River, Minnesota, dete-~mines that it is necessary, desirable, and in the public i~terest to designate, establish, develop, an~ administer a Development District in the City of Elk River pursuant to the Development Districts Act. The purpose of the Development District is to provide a means for financing public improvements and facilities necessary if the City is to attract additional commercial and industrial development and increase employment opportunities in those areas of the City designated for these uses. The City Council finds that there is a demand wi%bin the City for increased commercial development and that the Development District includes most of the areas in the City designated for business and industrial development. However, extensive business and industrial development in many o: the=- areas is not possible absent the installation of certain public facilities, including improved water and sanitary sewer service, additional streets and roads, and others. The high cost of constructing such faci!ities cannot be me~, .... additional business and industrial development is ~herefore no~ possible, without public intervention. Therefore, the Development District is created by the City to make public intervention and assistance possible, construction of the required public facilities possible, and to encourage development of designated business and industrial areas of the City. C. BOUNDARIES OF THE DEVELOPMENT DISTRICT The geographic boundaries of Development ~istrict No. 1 are set forth on the map attached as Exhibit A to this Development Program. .. These boundaries have been selected to include those areas of the City which: 1) Are zoned and planned for business and industrial development but require that certain public improvements be installed to make such development possible; 2) Will have water and sanitary sewer service made available by the proposed water and sanitary sewer improvements, therefore making development possible; 3) Have existing water and sanitary sewer service which will be improved by the proposed water and sanitary sewer improvements. o D. LAND USE IN THE DEVELOPMENT DISTRICT 1. Present Land Use The Development District includes most of the developed areas of the City. Present land uses include the central business area of the City; urban and semi-urban residential uses; free-standing highway and general business uses; industrial uses; recreational uses; and educazlonal uses. The Deve!opmenu District also includes most of the undeveloped areas of the City designated for business and industrial uses, and several undeveloped areas planned for residential uses. Present land use of these areas is primarily interim agriculuura! and under-utilized open space. 2. Future Land Use o The purpose of the Development District is to encourage increased business and industrial development in those areas of the City designated for these uses. Creation of the Deve!ooment District in 1985 and establishment of Tax Increment Financing Districts 1 and 3 made possible the installation of certain water system improvements which resulted in exzensive commercial development at the intersection of Highway 169 and School Street; and made oossib!e the en!argemen~ of the City industrial park tocaued au County Road 1 and Indus~ria! Boulevard. It is anticipated that installation of the public improvements contemplated in and made possible by this Developmen~ program will make possible ~uture land uses within the Development District including increased business and indusurial uses in the industrial park, in the wesuern end of .. the City, and in several other areas of the City designated for these uses. It is also anticipated tha~ these public improvements will make residential development possible in those areas'of the Dev~iopment District planned for residen%ia! USeS . ., E. STATEPLENT OF OBJECTIVES The City Counc:l of the City of Elk River seeks to achieve the following objectives through the creation of the Development District and the implementation of this DeveloDmen~ Pro,ram: 1) Provide impetus for business and industrial development by constructing the public facilities necessary to make such development possible; 2) Increase employment opportunities in the City by encouraging additional business and industrial development; 3) Provide adequately serviced business and industrial areas of the City to accommodate desirable users; 4) Remedy deficiencies in the existing water and sanitary sewer systems, which deficiencies have restricted development in areas of the City planned and designated for business and industrial uses; 5) Preserve and enhance the tax base of the City;. and 6) Provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. F. PUBLIC FACILITIES TO BE CONSTRUCTED 1. 1985 Water Tower and Watermain Improvements The City's Comprehensive Water Plan, dated September. 1982, identified a severe deficiency in the storage capacity of :he exis%inc wa~er system.. The Wa~=--_. Plan _~eco,-u~ended construction of a 1,000,000-gal!on reservoir to eliminate this deficiency. The reco~r~ended Water Tower and related Watermain Improvements were comD!eted :n 1986 Approximately one acre of land was accuired for the Water Tower, and permanent easements were actuated : . - ~o, wa%ermain purposes There was no displacement or reiocaticn reguired by any persons or business== as a result of these accuis~tions. 2. Proposed Water System ImProvements It is proposed to extend water service to the western portion of the City to encourage appropriate commercial and industrial development in this area of the City. Water System Improvements would include a new deep well, a new elevated tower, a pumphouse with chemical addition and treatment equipment, and trunk distribution lines· A site for the well, tower, and pumphouse has not been identified a~ this time. The proposed location of the trunk distribution lines is shown on Exhibit B to this Development Program. Construction of the proposed Water System Improvements will require the acqu{s{tion o~ a sma~! amoun~ of proper~y for the we!l, tower, and pumphouse; and easements for water distribution lines. It is not anticipated that there will be any displacement of or re'location required by any persons or businesses as a result of these acquisitions· 3. Proposed Sanitary Sewer System imDrbvements It is also proposed to ex%end sanitary sewer service to the r.~ . o weste portion of the City, %o encourage appropr com.~ercla! 'and indust ial development {n th{s area o~ %he City. Sanitary. Sewer System Improvements would include 6pqradin~ an existing lift station and constructing a sanitary sewer interceptor line. The location of the lift station to be up~raded, and the proposed location of the sanitary sewer interceptor, are shown on Exhibit B to this Development Program. Construction of the proposed SanitAry Sewer Improvements will require the acquisition of some easements for the interceptor. It is not anticipated tha~ ~here will be any displacement of or relocation required by any persons or businesses as a result of the construction of the Sanitary Sewer Improvements. 4. Additional Public Improvement Projects Additional Public Improvement Projects scheduled in the Development District are identified in the City's Capital Improvements Plan Schedule, as amended from time to time. It is not anticipated that any of the currently planned Public Improvement Projects will require the acquisition of any property or the displacement or relocation of any persons or businesses. 5. Unscheduled Public Improvements Upon a demonstration of need and public financial feasibility, the City will extend streets and utilities and construct or install such other public facilities and improvements within the Development District as the City Council deems n~cessary or appropriate to meet tke purposes of this Development ProGram. 6. Evans Park Pub1;~ ~mDrovements The ins~a!!a~ion of utilities, the construct!on of parking facilities, landscaping, curb and gu~ter, sidewalks, and the payment of sewer and.water availability charges for the Evans Park Pro~ect. G. OPEN SPACE CREATED The Deve!ooment Program ~or the Deve!oDmez~ Distric~ does not presennly propose the creation of addi~iona! sub!ic open space. However, existing public open space in Lions Park is being developed for public recreational uses. 5t is also possible that ~he Development Procram will be amended in the fusure to provide for the creation and/or deve!opmen% o additional public open space. In addition, the City inten~s in carrying out the objectives of this development program to encourage the preservation and beautification of open spaces on ~riva~e property developed within the Development District. H. ENVIRONMENTAL CONTROLS A~!~ deve!oDment, within the Development_ . District wz~_''~ be subject to existing environmental controls es%ab!ished by state and federal law and the Elk River Code of Ordinances, including: !) The Nat~ona! Environmental Protection Act, and related regulations; 2) The Minnesota Environmental Policy Act, and related regulations; .. _ ~.g.~= Act; 3) The '.~inneso~a Environmental 4) The ~innesota Cr:ticai Areas Acs, and related regulations; 5) The Elk River Flood Plain Management Ordinance; 6) The Elk River Shoreland and Wild and Scenic River ManaGement Ordinance~ SUDC_V.=_on Ordinance; 7) The =lk River ''~ ~-~ 8) The Elk RLver Zoning Ordinance; 9) Sections i300 and 1302 of the Elk River Code of Ordinances regulating sanitary sewage disposal. No additional environmental controls are proposed. I. DEVELOPMENT OF PRIVATE PROPERTY Major commercial and industrial development proposals for property within the Development District include: 1. Sherburne County Courthouse Although a public rather than a private proposal, a major user of the proposed Wa~er and Sanitary Sewer System Improvements will be the Sherburne County Courthouse complex, which is currently undergoing substantial expansion, scheduled to be completed in 1988. 2. Elk River Industrial Park Enlargemen~ of the ,1K River I. ndustria! Park has jus~ been completed. The City expects to receive in 1987 a proposal to develop two lots in the Industrial Park for ~ new industry in the City. The proposal would include about 40,000-square feet of industrial space with potential to expand to approximately 75,000-square feet. Estimated comp!etlon date is 1988. 3. Anoka County Resource Recovery Plant NSP and Anoka County have received City approvals construct a 1,500-%on-per-day Refuse DerLved Fuel (RDF) Resource Recovery Plant within the Development D~s%rict. AnticiDa%ed completion date ~s !999~ J. ADMINISTRATION OF THE DEVELOPMENT DISTRICT Administra~ioa of the Development Distric~ is the ~' ~ ~ ltv Administrator, under the supervision respons_D_!i~y o_ the C . . of the City Council. Public streets, parklands, and other . ~ .b_lity of the City Public Works public propert~ are the resoons{ Department and shall be maintained in the same manner as all other public property in the City. The water tower, water mains, and other wa~er facilities wil.i be operated and maintained by the Elk River Municipal Utilities Commission in the same manner as existing wa%er facilities and systems. Private pro~er~v owners will be responsible maintenance of their parcels following development. 111!Il. llill{{ll,i,lill{i. : : . EXHZBi'T A EII~,~ River 'iii// : ;.: , · '~,..-, . . -,~ '~?.,-~..~i:' -- ' ; ,. 'o-.' ~; -" '. ~..I I \ o_ -I I111! I1. I11111111!It1111 EXHIBIT A-1 to TIF PLAN TIF DISTRICT No. 5 I! Z f ¥ ..... ,, '., --' -.,.. /. HIBIT A-2 to ' PLAIN :' DISTRICT No. %'1' EXHIBIT B TIF DISTRICT ~5 As defined in Minnesota Statutes, Section 469.174, subd. 7, the original assessed valuation of the following listed parcels, as of January 1, 1987, is certified to be $15,000. Lot 1, Block 1, Elk River Industrial Park, Second Addition $3,750 Lot 2, Block 1, Elk River Industrial Park, Second Addition 3,750 Lot 3, Block 1, Elk River Industrial Park, Second Addition 3,750 Lot 4, Block 1, Elk River Industrial Park, Second Addition 3,750 i5,000 In accordance with Minnesota Statutes, Section 469.177, subd. 1, the average percentage increase in the original assessed value shall be three percent (3%). County Auditor [SEAL] , 1988 EXHIBIT C CITY OF ELI RIVER TAX INCREMENT PLAN () ALLIOOL ~ANUFACIURIN8 PREPARED SEPTEMBER 1988 AMORTIZAllON ANALYSIS 10.7)01 TOTAL TAX YEAR OF YEAR OF PRINCIPAL ANNUAL PRINCIPAL CAPITAL 105! INCRE~£NT CUMULATIVE LEVY ~Al. PAID INTEREST & INTEREST INTEREST NET LEVY OF TOTAL INCOME SURPLUS 1988 JUL 1, 89 1989 OC! 1~ 90 1990 OCT 1~ 91 199! OCT 1, 92 1992 OCT 1, 9~ 199~ OCT 1, 94 1994 OCT 1, 9) 1995 OCT l, % SO $38 700 $~8 700 sJSs700 15,500 $~8 700 )42 200 $48,$00 $58 )24 $8& 824 S)1,$00 $~3 II0 $84 ~10 $~1,)00 $27 574 179 S51,500 )22 018 $7I 518 $$1,~00 $!6 ~01 $68 0 0 0 SO $42~200 $44,310 S0 $86,824 $91,165 $0 $84,610 $88~841 $91, $0 S75,~8 $77~214 Sgi. $0 $~8~001 $71~40! S0 $61,96~ $65,063 ~23 $1~8 268 $2,428 211 $8,184 $I?,692 TOTALS: 1360,000 $231,)94 15~I,391 f38,700 S$52,6H $560~28 $682,)82 1102,054 Exhibit D IMPACT OF ALLTOOL EXPANSION ON OTHER GOVERNMENTAL JURISDICTIONS Unit of Government City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA 1987/88 Assessed Value Projected Captured Value % Rate of Impact $50,371,377 $345,690,602 $70,087,713 $50,371,377 $50,371,377 0 0 0 0 0 0.0000% 0.0000% 0.0000% 0.0000% 0.0000% Unit of Government 1988/89 Assessed Value % Rate of Impact City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $51,882,518 $356,061,320 $72,190,344 $51,882,518 $51,882,518 $o $o $o $0 $0 0.0000% 0.0000% 0.0000% 0.0000% o.o.ooo . Unit of Government City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA 1989/90 Assessed Value $53,838,994 $367,143,160 $74,756,055 $53,838,994 $53,838,994 $400,000 $400,000 $400,000 $400,000 $400,000 O. 74% 0.11% O. 54% O. 74% 0.74% Unit of Government City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA 1990/91 Projected Assessed Value Captured Value % Rate of Impact $55,454,164 $378,157,454 $76,998,736 $55,454,164 $55,454,164 $808,000 $808,000 $808,000 $808,000 $808,000 1.46% 0.21% 1.05% 1.46% 1.46% Unit of Government 1991/92 Assessed Value Projected Captured Value % Rate of Impact City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $57,117,789 $389,502,178 $79,308,698 $57,117,789 $57,117,789 $808,000 $808,000 $808,000 $808,000 $808,000 1.41% 0.21% 1.02% 1.41% 1.41% Unit of Government City of Elk River Sherburne County I.$.D. No. 728 Elk River HRA Elk River EDA 1991/92 Assessed Value $57,117,789 $389,502,178 $79,308,698 $57,117,789 $57,117,789 Projected Captured Value $808,000 $808,000 $808,000 $808,000 $808,000 % of Rate Impact 1.41% 0.21% 1.02% 1.41% 1.41% Unit of Government 1992/93 Assessed Value Projected Captured Value % Rate of Impact City of Elk River Sherburne County ~.S.D. No. 728 Elk River HRA Elk River EDA $58,831,322 $401,187,243 $81,687,959 $58,831,322 $58,831,322 $808,000 $808,000 $808,000 $808,000 $808,OOO 1.37% 0.20% 0.99% 1.37% 1.37% Unit of Government 1993/94 Assessed Value Projected Captured Value % of Rate Impact City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $60,596,262 $413,222,861 $84,138,598 $60,596,262 $60,596,262 $808,000 $808,OOO $808,000 $808,000 $808,000 1.33% 0.20% 0.96% 1.33% 1.33% Unit of Government 1994/95 Projected Assessed Value Captured Value % Rate of Impact City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $62,414,150 $808,000 $425,619,547 $808,000 $86,662,756 $808,000 $62,414,150 $808,000 $62,414,150 $808,000 1.29% 0.19% 0.93% 1.29%' 1.29% Unit of Government 1995/96 Projected Assessed Value Captured Value % Rate of Impact City of Elk River Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $64,286,574 $438,388,133 $89,262,639 $64,286,574 $64,286,574 $808,000 $808,000 $808,000 $808,000 $808,000 1.26% O. 18% 0.91% 1.26% 1.26% Unit of Government 1~9&/97 Pro~ected Assessed Value Captured Value % Rate of Impact City of Elk R£ver Sherburne County I.S.D. No. 728 Elk River HRA Elk River EDA $6&,215,171 $808,000 $451,559,777 $808,000 $~1,940,5i8 $808,000 $66,215,171 $808,000 $66,215,171 $808,000 =================================== 1.22% O. 18% 0.88% 1.22% 1.22% THE CIT~ COUNCIL FOR THE CITY OF ELK RIVER, MINNESOTA RESOLUTION NO. 88-~7 A RESOLUTION APPROVING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5, AND DIRECTING CITY STAFF TO IF, PLEMENT TAX INCREMENT FINANCING DISTRICT NO. 5. The City Council for the City of Elk River (the City) acting pursuant to its authority under the Minnesota Tax Increment Financing Act (Minnesota Statutes, Sections 469.174, et fu~q~) hereby finds, determines, and resolves as follows: 1. That City of Elk River Development District No. 1 was designated as a municipal development district pursuant to Minnesota Statutes, Chapter 472A and that the Development Program for Development District No. 1 was approved by resolution of the City Council for the City of Elk River dated April 1, 1985, and amended by resolutions of the City Council of the City of Elk River dated January 27, 1986, and November 30, 1987. 2. That the Development Program for Development District No. 1 anticipates and provides for the adoption of Tax Increment Financing Plans and the establishment of Tax Increment Financing Districts to assist in the financing of the public improvements and other public costs necessary to attract and retain new development in the Development District. 3. That implementation of Development District No. 1 and construction of required water service facilities and other public improvements through tax increment financing has attracted new commercial and industrial development to the Development District. 4. That there is a demand within the city for further business and industrial development. 5. That additional business and industrial development in many areas of the City designated for business and industrial use is not possible absent city assistance in addition to the installation of certain public improvements. 6. That the high cost of constructing required public improvements and facilities, and providing other forms of assistance for new development, cannot be met, and additional business and industrial development is therefore not possible, without public intervention. 7. That it is therefore necessary, desirable, and in the public interest to designate, establish, develop, and administer an additional economic development Tax Increment Financing District in the City pursuant to the Minnesota Tax Increment Financing Act. 8. That the purpose of the Tax Increment Financing District will be to acquire a development site in Phase II of the Elk River Industrial Park for the relocation of Alltool Company, thus enabling Alltool to remain in and to expand in the State of Minnesota and the City of Elk River, and to provide a means for financing additional public improvements if the City is to attract additional business and industrial development and increase employment opportunities in those areas of the City designated for these uses. 9.. That a proposed Tax Increment Financing Plan (TIF Plan) has been prepared by City staff and consultants which proposes designating a portion of Development District No. 1 as an economic development Tax Increment Financing District to be known as Tax Increment Financing District No. 5 (TIF District No. 5). 10. That TIF District No. 5 is an economic development Tax Increment District pursuant to Minnesota Statutes, Section 469.174, subdivision 12. (a) TIF District No. 5 is located wholly within the City's Development District No. 1. (b) Development District No. 1 has been duly created and the Development Program for Development District No. 1 duly adopted by the City Council pursuant to the provisions of Minnesota Statutes. (c) The creation of Development District No. 1 and TIF District No. 5 is in the public interest because: (i) It will discourage commerce, industry, and manufacturing from moving their operations to another state; (ii) It will result in increased employment in the City; (iii) It will result in preservation and enhancement of the tax base of the City. 11. That the proposed relocation of Alltool within the City of Elk River and TIF District No. 5, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable fUture and therefore the use of tax increment financing is necessary. 12. That creation of TIF District No. 5 and capture of the tax increment generated by the Alltool development in the district is the only available means of financing the land acquisition costs necessary to allow Alltool to relocate within the City and Development District No. 1. 13. That the TIF Plan for TIF District No. 5 is consistent with and conforms to the comprehensive plan for the development of the City as a whole and to the City's adopted land use plan. 1~. That the Planning Commission for the City of Elk River has been consulted with respect to the TIF Plan and that the TIF Plan conforms to the City's comprehensive and land use plans. That the TIF Plan does not conflict with any other known private proposals or other public projects. 15. That the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development by private enterprise. 16. That the TIF Plan adequately and accurately sets forth the goals, objectives, and other details regarding TIF District No. 5. 17. That the TIF Plan has been transmitted by the City to the Sherburne County Board of Commissioners and to the School Board for Independent School District No. 728. 18. That the City has presented to the County Board and the School Board the City's estimate of the fiscal and economic implications of TIF District No. 5 and has offered to meet with the Sherburne County Board of Commissioners and the School Board. 19. That notice of a public hearing on the TIF Plan and on establishment of TIF District No. 5 has been published in the official newspaper of the City, as required by the Minnesota Tax Increment Financing Act .... 20· That a public hearing on the TIF Plan and on ~ establishment of TIF'District No. 5 was held before the City Council on June 20, 1988, and that an opportunity to be heard was granted at that time to all residents of the CiTy and all other interested persons. A. That the City Council of the City of Elk River hereby adopts each and every one of the findings set forth above. B. That the City Council of the City of Elk River hereby approves and adopts the Tax Increment Financing Plan for Tax Increment Financing District No. 5. C. That the City Council of the City of Elk River hereby establishes that area of the City designated in the TIF Plan for TIF District No. 5 as TIF District No. 5. D. That the City Council of the City of Elk River hereby directs its staff and consultants to proceed to take the steps necessary to implement TIF District No. 5, including the filing of the TIF Plan and this Resolution with the Minnesota Commissioner of Energy, Planning, and Development and the Sherburne County Auditor, and requesting the Sherburne County Auditor to certify the. original assessed value of the property within TIF District No. 5. PKB:DD5s The foregoing resolution was introduced by Councilmember Schuldt and duly seconded by Councilmember Dobel . The following voted in favor of the resolution: Mayor Gunkel, Councilmembers Schuldt, Dobel~ and Tralle The following voted against: None The following were absent: Councilmember Holmgren Whereupon the resolution was adopted June 20 Estelle Gunkel, Mayor , 1988. ATTEST: Patrick Klaers, City Administrator