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04-086 RES CITY OF ELK RIVER SHERBURNE COUNTY STATE OF MINNESOTA Council member Motin introduced the following resolution and moved its adoption: RESOLUTION NO. 04-86 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1; AND ESTABLISHING DOWNTOWN PHASE I TAX INCREMENT FINANCING DISTRICT NO. 22 THEREIN AND ADOPTING A 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 City Council (the "Council") of the City of Elk River (the "City") has heretofore established Development District No. I and adopted the Development Program therefor. It has been proposed by the Citythatthe City adopt a Modification to the Development Program for Development District No. I (the "Development Program Modification") and establish Downtown Phase I Tax Increment Financing District No. 22 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.134 (the "Municipal Development Act") and Sections 469.174 to 469.1799, all inclusive, as amended, (the "TIF Act" and together with the Municipal Development Act the "Acts") all as reflected in the Program and Plan, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Program and Plan and has caused the Program and Plan to be prepared. The City has caused to be prepared the following reports and studies: Public Comment Summary, Historic Context Study Summary, Housing Plan Summary 2001-2005, Market Potential Analysis Summary 2000-2010, Zoning Information for Downtown District, Downtown Revitalization Project Planning & Project History, Redevelopment Eligibility Assessment: Proposed "Downtown Revitalization Project" Redevelopment Area - by SEH July 14, 2003, Traffic Counts - 1999, TIF Application, Downtown Riverfront Revitalization Q&A Newsletters, and the Redevelopment Eligibility Assessment - by SEH September 2,2004. The City has also opened public discussion to hear comments from members of the public. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program and Plan, including, but not limited to, notification of Sherburne County and Independent School District No. 728 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Program and Plan by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. The City received no comments from the County of the School District within 30 days after notification. 1.04. Certain written reports: Public Comment Summary, Historic Context Study Summary, Housing Plan Summary 2001-2005, Market Potential Analysis Summary 2000-201 0, Zoning Information for Downtown District, Downtown Revitalization Project Planning & Project History, Redevelopment Eligibility Assessment: Proposed "Downtown Revitalization Project" Redevelopment Area - by SEH July 14, 2003, Traffic Counts - 1999, TIF Application, Downtown Riverfront Revitalization Q&A Newsletters, and the Redevelopment Eligibility Assessment - by SEH September 2, 2004 (the "Reports") relating to the Program and Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants 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 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. 1.05. The City is not modifYing the boundaries of Development District No. I. 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 ofthis Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Program and Plan, which are hereby incorporated herein. The findings of the Council in the Program and Plan are based on various studies, reports and facts available to the Council and are neither arbitrary nor unreasonable. Section 3. Findings for the Establishment of Downtown Phase I Tax Increment Financing District No. 22. 3.01. The Council hereby finds that the District is in the public interest and is in furtherance of the public health, safety and welfare, and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10. 3.02. The Council further finds that the proposed redevelopment would not 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 Tax Increment Financing Plan, that the Program and Plan conforms 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 ofthe City as a whole, for the development or redevelopment of the District by private enterprise as set forth in Exhibit A. 3.03. 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. The Council has reviewed the attached Exhibit A and finds it to be accurate, correct and in the best interest of the health, safety and welfare of the City. Section 4. Public PUfPose 4.0 I. The adoption ofthe Program and Plan conforms in all respects to the requirements ofthe Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy ofthe State and thereby serves a public purpose. Section 5. Approval and Adoption ofthe Program and Plan. 5.0 I. The Program and Plan, 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 City Administrator. 5.02. The staff of the 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, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03. The Auditor of Sherburne County is requested to certifY the original net tax capacity of the District, as described in the Program and Plan, and to certifY in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the staff of 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 the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Finance Director is further authorized and directed to file a copy of the Program and Plan with the Commissioner of the Minnesota Departrnent of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member Kuester , and upon a vote being taken thereon, the following voted in favor thereof: Mayor Klinzing, Councilmembers Dietz, Motin, Kuester, & Tveite and the following voted against the same: None Dated: November 1, 2004 ~~ :-x:i , 'MJ) Mayor ,,' ATTEST: cr~ (Seal) EXHillIT A RESOLUTION NO. 86 The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Downtown Phase I Tax Increment Financing District No. 22, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Downtown Phase I Tax Increment Financing District No. 22 is a redevelopment district as defined in M.S., Section 469.174, Subd. 10. 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). The City Council has had an opportunity to review the findings in the report attached as Appendix D of the TIF Plan regarding the condition of buildings, streets, utilities, parking lots, etc. and hereby ratifies the findings made therein. 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 City's 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, ITom tax increment financing. The developer was asked for and provided a proforma as justification that the developer would not have gone forward without tax increment assistance (see attachment in Appendix H of the TIF Plan). This project consists of four developments. The first two are on what is referred to as the "Jackson Block". These developments consist of 32 units of rental housing and approximately 10,000 square feet on commercial space. The next development is referred to as the "Bluff Block" . These developments consist of 60 units of for-sale housing and approximately I 0,000 square feet of office space. The first phase requires demolition of all the existing structures, the relocation of a public parking lot and construction of parking ramps. The City has analyzed a proforma submitted by the developer, which, in the City's opinion, demonstrates that development at the proposed density would not be feasible without the tax increment assistance provided under this plan. In addition the Developer has represented that no portion of the redevelopment would be feasible without redevelopment of this entire are. 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 rrom 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 rrom 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 TIT Plan). 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 and is consistent with the City's Comprehensive Plan. 4. Finding that the Tax Increment Financing Plan for Downtown Phase ITax 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 ofthe Plan will also increase the availability of safe and decent life-cycle housing in the City.