5. PCSC 10-26-2004 ITEM # 5.
City of
Elk -�--
River
MEMORANDUM
TO: Planning Commission
FROM: Catherine Mehelich, Director of Economic Development(
DATE: October 26, 2004
SUBJECT: Consider Resolution Finding a Tax Increment Financing Plan for
Downtown Phase I Tax Increment Financing District No. 22 Conforms
to the General Plans for the Development and Redevelopment of
the City
Attachments
• Resolution
• Tax Increment Financing District Overview
• Tax Increment Financing Plan for the establishment of Downtown Phase I
Tax Increment Financing District No. 22 (a redevelopment district)
Background
In August the Planning Commission adopted a resolution fording a Tax Increment Financing Plan
for Downtown Phase I Tax Increment Financing District No. 22 conforms to the general plans for
the development and redevelopment of the City. Since the August Planning Commission meeting,
an amendment to the TIF Plan was necessary to add four new parcels to the TIF District. As a
result, the previously scheduled City Council public hearing was rescheduled for November 1, 2004,
the TIF Plan was amended, and the County and School District were provided new notices. In
addition it is necessary for the Planning Commission to consider if the revised TIF Plan conforms to
the general plans for the development and redevelopment of the City.
Issue
The Elk River Housing&Redevelopment Authority (HRA) and the City of Elk River are
considering a proposal to modify the Development Program for Development District No. 1 and
establish a Downtown Phase I Tax Increment Financing District No. 22 (the District). The District
will be a redevelopment tax increment financing district. Tax increments collected from the District
will enable the City of Elk River to facilitate the redevelopment of the area,which includes a four
story building with approximately 10,000 square feet of commercial space and 52 for-sale residential
units on the Bluff Block. The Jackson Block includes a three story building with approximately
Consider Resolution Finding a TIF Plan for
Downtown Phase I Tax Increment Financing District No. 22
Conforms to the General Plans of the City
October 26,2004 Planning Commission
Page 2 of 2
10,000 square feet of commercial space and 32 rental housing units. The proposed location of the
District is indicated on the map within the attached Tax Increment Financing Plan.
The City Council has scheduled a public hearing on the Tax Increment Financing Plan for
November 1, 2004, at approximately 6:30 P.M. The MN Tax Increment Financing Act requires that
prior to the adoption of a tax increment financing plan the City or its Planning Commission must
determine that the tax increment financing plan conforms to the general plan for the development
or redevelopment of the city as a whole.
Recommendation
Staff recommends that the Planning Commission consider approval of the Resolution Finding a Tax
Increment Financing Plan for Downtown Phase I Tax Increment Financing District No. 22
Conforms to the General Plans for the Development and Redevelopment of the City.
•
H:\SHRDOC\Downtown Revitalization\TIF\Oct planning comnilssion.doc
PLANNING COMMISSION
CITY OF ELK RIVER, MINNESOTA
RESOLUTION NO.
RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION
FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1 AND A TAX INCREMENT FINANCING PLAN
FOR DOWNTOWN PHASE I TAX INCREMENT FINANCING DISTRICT NO.22
CONFORMS TO THE GENERAL PLANS FOR THE DEVELOPMENT AND
REDEVELOPMENT OF THE CITY.
WHEREAS, the City Council for the City of Elk River, Minnesota, (the "City")has proposed to adopt a
Modification to the Development Program for Development District No. 1 (the "Development Program
Modification")and a Tax Increment Financing Plan for Downtown Phase I Tax Increment Financing District
No. 22 (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to
collectively herein as the"Program and Plan")and has submitted the Program and Plan to the City Planning
Commission (the "Commission")pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and
WHEREAS,the Commission has reviewed the Program and Plan to determine their conformity with the
general plans for the development and redevelopment of the City as described in the comprehensive plan for
the City.
NOW,THEREFORE,BE IT RESOLVED by the Commission that the Program and Plan conforms with
the general plans for the development and redevelopment of the City as a whole.
Dated: October 26, 2004
Chair
ATTEST:
Secretary
H:\SHRDOC\Downtown Revitalization\TIF\TIF Plan Docs\Planning Commission Resolution.doc
Ehlers and Associates
Tax Increment Financing District Overview
City of Elk River
Downtown Phase I Tax Increment Financing District No. 22
Proposed action: Establishment of Downtown Phase I Tax Increment Financing District No.
22 and the adoption of the Tax Increment Financing Plan.
Type of TIF District: A Redevelopment District
Parcel Numbers: 75-405-0450 75-405-0310
75-405-0460 75-405-0410
75-404-0140 75-405-0420
75-405-0470 75-405-0430
75-404-0141 75-405-0440
Location: See the attached map
Proposed The District is being created to facilitate the redevelopment of the area,which
development: includes a four story building with approximately 10,000 square feet of
commercial space and 60 for-sale residential units and a three story building
with approximately 10,000 square feet of commercial space and 32 rental
housing units in the City of Elk River.
Estimated annual tax $218,284
increment:
Proposed uses: The TIF Plan contains the following budget:
Land/Building Acquisition- Relocation and Demolition 2,590,000
Parking Facilities (pooling) 350,000
Public Utilities(amount to Sac Wac) 340,000
Interest 4,648,400
Administrative Costs(up to 5%) 250,000
TOTAL $8,178,400
See Subsection 2-10, page 2-6 of the Plan for the full budget authorization.
Additional uses of funds are authorized which include inter-fund loans and
transfers and bonded indebtedness.
Form of financing: A pay-as-you-go note and interfund loans are the primary form of financing.
Maximum duration: The duration of the District will be 25 years after receipt of the first increment
by the I-IRA or City(a total of 26 years of tax increment). The date of receipt
by the City of the first tax increment is expected to be 2006. Thus, it is
estimated that the District, including any modifications of the TIF Plan for
subsequent phases or other changes, would terminate after 2031,or when the
TIF Plan is satisfied.
Administrative fee: Up to 10%of annual increment for eligible costs.
TIF District Overview
3 Year Activity Rule At least one of the following activities must take place in the District within 3
0469.176 Subd. 1a) years from the date of certification:
bonds have been issued
the authority has acquired property within the district
the authority has constructed or caused to be constructed public
improvements within the district
The estimated date whereby this activity must take place is November 2007.
4 Year Activity Rule After four years from the date of certification of the District one of the
(§469.176 Subd 6) following activities must have been commenced on each parcel in the District:
demolition
rehabilitation
renovation
other site preparation (not including utility services such as sewer and
water)
If the activity has not been started by the approximately November 2008, no
additional tax increment may be taken from that parcel until the
commencement of a qualifying activity
5 Year Rule Within 5 years of certification revenues derived from tax increments must be
(§469.1763 Subd 3) expended or obligated to be expended. Tax increments are considered to have
been expended on an activity within the District if one of the following occurs:
the revenues are actually paid to a third party with respect to the activity
bonds, the proceeds of which must be used to finance the activity, are
issued and sold to a third party,the revenues are spent to repay the bonds,
and the proceeds of the bonds either are reasonably expected to be spent
before the end of the later of(i) the five year period, or(ii) a reasonable
temporary period within the meaning of the use of that term under §.
148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund
binding contracts with a third party are entered into for performance of the
activity and the revenues are spent under the contractual obligation
costs with respect to the activity are paid and the revenues are spent to
reimburse a pay for payment of the costs, including interest on
unreimbursed costs.
Any obligations in the Tax Increment District made after approximately
November 2009,will not be eligible for repayment from tax increments.
The previous summary contains an overview of the basic elements of the proposed Tax Increment Financing
Plan for Downtown Phase I Tax Increment Financing District No. 22. More detailed information on each of
these topics can be found in the complete TIF Plan.
Page 2
TIF District Overview
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for
Downtown Phase 1 Tax Increment Financing District No. 22, as required pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3 are as follows:
Finding that Downtown Phase I Tax Increment Financing District No. 22 is a redevelopment district
as defined in MS., Section 469.174, Subd. 10(a).
The District consists of 10 parcel(s), with plans to redevelop the area for commercial/residential
purposes. At least 70 percent of the area in the District are occupied by buildings, streets, utilities,
paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the
District, not including outbuildings, are structurally substandard to a degree requiring substantial
renovation or clearance(See Appendix D of the TIF plan).
2. Finding that the proposed development, in the opinion of the City 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 Downtown Phase I Tax Increment Financing District No. 22 permitted by the
Plan.
The proposed development,in the opinion of the City,would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the
fact that the redevelopment proposed in this plan meets the CityOs objectives for redevelopment. Due
to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the
limited amount of commercial/industrial property for expansion adjacent to the existing project, the
incompatible land uses at close proximity,and the cost of financing the proposed improvements,this
project is feasible only through assistance, in part, from tax increment financing. The developer was
asked for and provided a letter and a proforma as justification that the developer would not have gone
forward without tax increment assistance(see attachment in Appendix H).
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 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 TIF District permitted by the Plan: This finding is justified on the grounds
that the cost of site acquisition, site and public improvements and utilities add to the total
redevelopment cost. Historically, site and public improvements costs in this area have made
redevelopment infeasible without tax increment assistance.Therefore,the City reasonably determines
that no other redevelopment of similar scope is anticipated on this site without substantially similar
assistance being provided to the development.
A comparative analysis of estimated market values both with and without establishment of the District
and the use of tax increments has been performed as described above. If all development which is
proposed to be assisted with tax increment were to occur in the District, the total increase in market
value would be up to$15,310,000. The present value of tax increments from the District is estimated
to be$3,089,062. It is the Council's finding that no development with a market value of greater than
$12,220,938 would occur without tax increment assistance in this district within 25 years. This finding
is based upon evidence from general past experience with the high cost of acquisition and public
improvements in the general area of the District(see Cashflow in Appendix G of the TIF Plan).
Page 3
TIP District Overview
3. Finding that the Tax Increment Financing Plan for Downtown Phase I Tax Increment Financing
District No.22 conforms to the general plan for the development or redevelopment of the municipality
as a whole.
The Planning Commission reviewed the Plan and found that the Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for Downtown Phase I Tax Increment Financing
District No. 22 will afford maximum opportunity, consistent with the sound needs of the City as a
whole,for the development or redevelopment of Development District No. I by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State
of Minnesota,the renovation of substandard properties, increased tax base of the State and add a high
quality development to the City. The implementation of the Plan will also increase the availability of
safe and decent life-cycle housing in the City.
Page 4
TIF District Overview
MAP(S)OF THE PROJECT
AND
DISTRICT
Page 5
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TIF DISTRICT 22
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CML 3
tlF CATE.
9/8/2004
DRAWN BY:
SCALE SHEET
River DEVELOPMENT DISTRICT NO. 1 NOT TO SCALE