4.2. SR 08-24-1998ity of
iver
ITEM 4.2.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Paul T. Steinman, Director of Economic
Development
August 24, 1998
Tax Increment Financing District No.
20 - Public Hearing
Issue
This issue pertains to the final step in formation of a tax increment financing
district to facilitate an industrial project in the Elk River Industrial Park
(Supermats, Inc.). This final action is to hold a pubhc hearing to allow an
opportunity for pubhc comment and then consider Resolution 98-__ which
approves the Tax Increment Plan for the District.
The EDA took action to approve this Tax Increment Plan at its meeting on
August 10, 1998.
Background
Staff has been working with Supermats for approximately 1V2 years to
facilitate expansion of their initial pilot manufacturing plant here in Elk
River. They have been leasing space in the Elk River Industrial Park for
approximately one year and now have determined that they will proceed to
construct an approximately 37,000 square foot building on a lot in the Elk
River Industrial Park. This last remaining lot is owned by the EDA at this
time.
Tax Increment Plan for Tax Increment District No. 20 will allow the EDA to
facilitate this project through provision of the lot to the project at no cost to
the developer. This will provide equity to the Supermats project in the
amount of approximately $70-$75,000.
The EDA will be taking action on a Development Agreement with Supermats
at its September meeting. This pubhc hearing and consideration of the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
resolution is the final step the Council will take regarding certification of this
TIF District.
Recommendation
Staff recommends the Council approve Resolution 98- Modifying
Municipal Development District No. i and Adopting the Development
Program Therefor; and Estabhshing Within Municipal Development District
No. 1, Tax Increment Financing District No. 20 and Adopting the Related
Tax Increment Financing Plan Therefor.
Attachments
Resolution 98-__
Tax Increment Financing Plan for Tax Increment Financing District No.
2O
RESOLUTION 98 -
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
RESOLUTION MODIFYING DEVELOPMENT DISTRICT NO. 1 AND
ADOPTING THE DEVELOPMENT PROGRAM THEREFOR; AND
ESTABLISHING WITHIN DEVELOPMENT DISTRICT NO. 1, TAX
INCREMENT FINANCING DISTRICT NO. 20, AND ADOPTING THE
RELATED TAX INCREMENT FINANCING PLAN THEREFOR.
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. The EDA has heretofore established Municipal Development District
No. I and adopted the Development Program therefor. It has been proposed that
the City modify Development District No. 1 and adopt the Development Program
therefor and establish within Development District No. 1, Tax Increment Financing
District No. 20 ("District No. 20"), and adopt the related Tax Increment Financing
Plan therefor (collectively, the "Program" and "Plan"); all pursuant to and in
conformity with existing law, including Minnesota Statutes, Sections 469.090
through 469.1081 and 469.174 through 469.179, inclusive, as amended, all as
reflected in the Program and Plan and presented for the Council's consideration.
1.02. The Council has investigated the facts relating to the Program and
Plan.
1.03. The City has performed, or will perform, all actions required by law to
be performed prior to the adoption of the Program and Plan by the City, including,
but not limited to, notification of Sherburne County and School District No. 728
having taxing jurisdiction over the property included in District No. 20, a request for
review of and written comment on the Program and Plan by the City Planning
Commission, and a request that the Council schedule a public hearing on the
Program and Plan upon published notice as required by law.
1.04 Certain written reports (the "Reports") relating to the Program and
Plan 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 Program and Plan. The Reports include data, information and/or
substantiation constituting or relating to (1) the "studies and analyses" on why the
new District No. 20 meets the so-called '%ut for" test; and (2) the basis for the other
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 Program and Plan.
2.01. The Council hereby finds that the Program and Plan, are 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 Program and Plan, which are hereby incorporated herein.
Section 3. - Approval and Adoption of the Program and Plan.
3.01. The Council hereby finds that Tax Increment Financing District No.
20 is in the public interest and is an "economic development district" under
Minnesota Statutes, Section 469.174, sub d. 12.
3.02. The Council further finds that the proposed development would not
occur solely through private investment within the reasonably foreseeable future
and that the increased market value on the site that could reasonably be expected to
occur without the use of tax increment financing would be less than the increase in
the market value estimated to result from the proposed development after
~subtracting the present value of the projected tax increments for the maximum
duration of District No. 20 permitted by the Tax Increment Financing Plan, that the
Program and Plan conform to the general plan for the development or
redevelopment of the City as a whole; and that the Program and Plan will afford
maximum opportunity consistent with the sound needs of the City as a whole, for
the development of District No. 20 by private enterprise.
3.03. The City elects to make a qualifying local contribution in accordance
with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qualify District
No. 20 for exemption from state aid losses set forth in Section 273.1399 subd. (c).
3.04. The Council further finds, declares, and determines that the City
made the above findings stated in this Section and has set forth the reasons and
supporting facts for each determination in writing, attached hereto as Exhibit A.
Section 4. Approval and Adoption of the Program and Plan
4.01. The Program and Plan, as presented to the Council on this date,
including without limitation the findings and statement of objectives contained
therein, are hereby approved, ratified, established, and adopted and shall be placed
on file in the office of the EDA Executive Director.
4.02. The staffofthe City, the City's advisors and legal counsel are
authorized and directed to proceed with the implementation of the Program and
Plan and to negotiate, draft, and prepare and present to this Council for its
consideration all further plans, resolutions, documents, and contracts necessary for
this purpose.
4.03. The Auditor of Sherburne County is requested to certify the original
net tax capacity of District No. 20, as described in the Program and Plan; and the
City of Elk River is authorized and directed to forthwith transmit this request to the
County Auditor in such form and content as the Auditor may specify, together with
a list of all properties within District No. 20, for which building permits have been
issued during the 18 months immediately preceding the adoption of this resolution.
The motion for the adoption of the foregoing resolution made by
Councilmember and was 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: August 24, 1998
ATTEST:
Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk
EXHIBIT A
RESOLUTION NO. 98 - __
The reasons and facts supporting the findings for the adoption of the Tax
Increment Financing Plan for Tax Increment Financing District No. 20 ("District No.
20") as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as
follows:
Finding that the District No. 20 is an "economic development district"as defined
in Minnesota Statutes, Section 469.174, Subdivision 12.
District No. 20 consists of one parcel of property. The District is in the public
interest because it will discourage manufacturing from moving their operations
to another state or municipality; it will result in increased employment in the
state, and it will result in preservation and enhancement of the tax base of the
state.
Finding that the proposed development, in the opinion of the Council, would not
reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax increment financing
would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the district permitted by the plan.
Due to the cost of site development on the parcel and the cost of financing the
proposed improvements, this project is feasible only through assistance, in part,
from tax increment financing.
A comparative analysis of estimated market values both with and without
establishment of Tax Increment Financing District No. 20 and the use of tax
increment has been performed as described above. If all development which is
proposed to be assisted with tax increment were to occur in District No. 20, the
total increased market value would be up to $1,102,000. It is the Council's
finding that no development with a market value of greater than $784,404
would occur without tax increment assistance in this district within 9 years.
This finding is based upon evidence from general past experience with the cost of
development of the type of use proposed in District No. 20.
Finding that the Tax Increment Financing Plan for District No. 20 conforms to
the general plan for the development or redevelopment of the municipality as a
whole.
The Tax Increment Financing Plan for District No. 20 has been reviewed by the
Planning Commission on July 28, 1998, and been found to conform to the
Comprehensive Plan and general development plan of the City.
Finding that the Tax Increment Financing Plan for District No. 90 will afford
maximum opportunity, consistent with the sound needs of the City as a whole, for
the development of Municipal Development District No. I by private enterprise.
The development te be assisted by District No. 20 will result in increased
employment in the City and the State of Minnesota, increased tax base of the
State and add a high quality development to the City.