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7.1. PCSR 03-27-2018 Request for Action To Item Number Planning Commission 7.1 Agenda Section Meeting Date Prepared by General Business March 27, 2018 Amanda Othoudt, EDD Item Description Reviewed by Consider Housing TIF Plan for consistency with Zack Carlton, Planning Manager Comprehensive Plan –Housing TIF District #25 Reviewed by Action Requested Approve, by motion, a resolution confirming that the project within the proposed TIF District conforms to the city’s Comprehensive Plan. Overview The Jackson Hills Residential Suites project is a proposed 40-unit market-rate and affordable housing project located at the intersection of 6th Street and Jackson Ave. The developer applied for Tax Increment Financing assistance through the establishment of a Housing TIF District to finance the portion associated with affordable housing. The 2012 Mississippi Connections Plan emphasizes on transforming Jackson Avenue, and possibly Main Street, as a parkway that will serve as the central corridor and entrance to the core downtown and the rest of the community. The Plan describes the area as “mixed use”. The goal with this designation is to identify the need for additional housing and employment options in an urban environment. One of the strategies identified in the Plan incorporate high density housing options surrounding Lion John Weicht Park to further define the urban character of the Jackson Avenue corridor. Housing shall utilize a wide range of styles and design, with a variety of ownership/rental opportunities, price points, etc. and shall be of significantly different design/style from the existing high density housing inventory. The 2014 Comprehensive Plan, formally adopted on May 19, 2014, incorporated the Mississippi Connections Plan, establishing the area as a formal land use designation. The proposed development is consistent with the Comprehensive Plan and the Mississippi Connections small area plan. Click here to enter background/discussion text. Financial Impact None Attachments  Resolution Finding the Development Plan Consistent with Comprehensive Plan  Housing TIF Plan City of Elk River Planning Commission Resolution 18-____ A Resolution of the Planning Commission of the City of Elk River Concerning Development District No. 1 and a proposed Tax Increment Financing District of the City of Elk River WHEREAS, the proposal by the City of Elk River, Minnesota to amend the Development Program for Development District No. 1 (the “Program”) to reflect increased public development and redevelopment costs and activities, establish Tax Increment Financing (Housing) District No. 25 (Jackson Hills Residential Suites Housing Project, and adopt the Tax Increment Financing Plan relating thereto (the “TIF Plan” and, together with the Program, the “Plans”), all pursuant to and in conformity with applicable law, including Minnesota Statutes §769.124 to 769.133 and Section 469.174 to 469.1794, as amended, has been submitted to the City of Elk River Planning Commission (the “Commission”): and WHEREAS, the Commission has reviewed the Plans to determine the consistency of the Plans with the Comprehensive Plans for the City of Elk River. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Elk River, Minnesota, as follows: the Plans are consistent with the Comprehensive Plan for the City of Elk River and conform to general plans for development or redevelopment of the City as a whole. th Passed and adopted this 27 day of March, 2018. Chair ATTEST: Tina Allard, City Clerk City of Elk River, Minnesota Modification to the Development Program for Development District No.1 and the Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 25 (Jackson Hills Residential Suites Housing Project) Within Municipal Development District No.1 Draft Dated: March 15, 2018 Public Hearing Date: April 16, 2018 Approved: Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 www.springsted.com TABLE OF CONTENTS SECTION I — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Foreword............................................................................................................................... 1 SECTION II — TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 25 A. Definitions.................................................................................................................... 2 B. Statutory Authorization................................................................................................. 2 C. Statement of Need and Public Purpose....................................................................... 2 D. Statement of Objectives............................................................................................... 2 E. Designation of Tax Increment Financing District as a Housing District ........................ 2 F. Duration of the TIF District........................................................................................... 3 G. Property to be Included in the TIF District.................................................................... 3 H. Property to be Acquired in the TIF District................................................................... 4 I. Specific Development Expected to Occur Within the TIF District ................................. 4 J. Findings and Need for Tax Increment Financing......................................................... 5 K. Estimated Public Costs................................................................................................ 5 L. Estimated Sources of Revenue.................................................................................... 6 M. Estimated Amount of Bonded Indebtedness................................................................ 6 N. Original Net Tax Capacity............................................................................................ 6 0. Original Tax Capacity Rate.......................................................................................... 7 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ........... 7 Q. Use of Tax Increment................................................................................................... 8 R. Excess Tax Increment.................................................................................................. 9 S. Tax Increment Pooling and the Five Year Rule............................................................ 9 T. Limitation on Administrative Expenses......................................................................... 9 U. Limitation on Property Not Subject to Improvements - Four Year Rule ........................ 9 V. Estimated Impact on Other Taxing Jurisdictions.......................................................... 10 W. Prior Planned Improvements........................................................................................ 10 X. Development Agreements............................................................................................ 11 Y. Assessment Agreements............................................................................................. 11 Z. Modifications of the Tax Increment Financing Plan ...................................................... 11 AA. Administration of the Tax Increment Financing Plan .................................................... 11 AB. Financial Reporting and Disclosure Requirements...................................................... 12 Map of the Tax Increment Financing District......................................................................... EXHIBIT I Map of the Development District........................................................................................... EXHIBIT I AssumptionsReport............................................................................................................. EXHIBIT II Projected Tax Increment Report........................................................................................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ....................................................... EXHIBIT IV City of Elk River, Minnesota SECTION I — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Foreword The following text represents a Modification to the Development Program for Development District No. 1. This modification represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 1. The changes generally include the establishment of Tax Increment Financing (Housing) District No. 25. For further information, a review of the Development Program for Development District No. 1 is recommended. It is available from the City Administrator at the City of Elk River. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 1. SPRINGSTED Page 1 City of Elk River, Minnesota SECTION II — TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 25 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "City„ means the City of Elk River, Minnesota; also referred to as a "Municipality". "Council" means the City Council of the City; also referred to as the "Governing Body". "County„ means Sherburne County, Minnesota. "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development Program" means the Development Program for the Development District. "Project Area" means the geographic area of the Development District. "School District" means Independent School District No. 728, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Housing) District No. 25. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See the Development Program for the Development District. Section C Statement of Need and Public Purpose See the Development Program for the Development District. Section D Statement of Objectives See the Development Program for the Development District. Section E Designation of Tax Increment Financing District as a Housing District Pursuant to the TIF Act, the City seeks to create TIF District No. 25 as a housing district and adopt a TIF Plan for the TIF District. Housing districts are a type of tax increment financing district that consist of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in federal, state, and SPRINGSTED Page 2 City of Elk River, Minnesota municipal legislation. A project does not qualify if more than 20% of the square footage of buildings that receive assistance from tax increments consist of commercial, retail or other nonresidential use. In addition, housing districts are subject to various income limitations and requirements for residential property. For owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. The TIF District meets the above qualifications for these reasons: 1. The planned improvements consist of the following: a. Approximately 40 total units, for which the following will apply: o 40 multifamily housing units with at least 20% (8) of the rental units will be occupied by persons with incomes no greater than 50% of county median income 2. At least 80% of the square footage of the building(s) in the proposed development will be used for residential purposes. No more than 20 percent of the square footage of buildings that receive assistance from tax increments may consist of commercial, retail, or other nonresidential uses. 3. The City will require in the development agreement that the income limitations for the rental units in the housing project will apply for the duration of the TIF District. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined in section 469.174, subd. 2 and 469.176 of the TIF Act. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the City may be included in the cost of a housing project. The City anticipates using tax increment revenues to finance a portion of the extraordinary costs associated with providing the affordable housing units. Section F Duration of the TIF District Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of this plan (see Section Z) shall not extend these limitations. The City reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law but anticipates the TIF District will be decertified prior to that time after 15 years of collection (projected to be 2035). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Pursuant to Minnesota Statutes, Section 469.175, subd. 1(b), the City specifies 2021 as the first year in which it elects to receive tax increment from the TIF District, which is no later than four years following the year of approval of the TIF District. Thus, the City may collect increment from the district through December 31, 2046 but anticipates that the TIF District will be decertified prior to that time pursuant to the terms of assistance to be a maximum of 15 years. Section G Property to be Included in the TIF District The TIF District will consist of one parcel of land located within the Project Area. A map showing the approximate location of the TIF District is shown in Exhibit I. The PID number and legal description of the existing parcel that will comprise the TIF District is described below: SPRINGSTED Page 3 City of Elk River, Minnesota Parcel ID Number Legal Description 75-134-2303 PARCEL D -S. THAT PT OF THE FOLLOWING DESC PARCEL D LYING S OF WLY EXTENSION OF CTRLINE OF 6TH ST (FORMERLY PLATTED AS 8TH ST) AS DEDICATED IN THE PLAT OF BURRELL'S ADDITION. SUBJ TO EASEMENTS OF RECORD.PARCEL D:THAT PT OF SW 1-4 OF NW 1-4 DESC AS COMM AT THE POINT OF INTERSECTION OF CTRLINE OF JACKSON AVE (FORMERLY KNOW AS STATE TRUNK HWY NO.201 & "OLD HWY NO.169" WITH S LINE OF SAID SW 1-4 OF NW 1-4;THENCE W ALONG SAID S LINE FOR 200.00 FT;THENCE N PARA WITH SAID CTRLINE FOR 285.70 FT TO POINT TO BE HEREAFTER KNOWN AS POINT "A" FOR THE PURP OF THIS DESC;THENCE E WITH SAID S LINE OF SW 1-4 OF NW 1-4 FOR 150.00 FT TO INTERSECT WITH W LINE OF R -O -W OF SAID JACKSON AVE BEING A LINE 50.00 FT, AS MEASURED AT RT ANGLES, W OF & PARA WITH SAID CTRLINE SAID POINT OF INTERSECTION ALSO BEING THE ACTUAL POB OF THE LAND TO BE HEREBY DESC; THENCE RETURN W PARA WITH SAID S LINE OF SW 1-4 OF NW 1-4 FOR 150.00FT TO SAID POINT "A"; THENCE N PARA WITH SAID CTRLINE FOR 14.30 FT MORE OR LESS TO INTERSECT THE N LINE OF S 300.00 FT, AS MEASURED AT RT ANGLES, OF SAID SW 1-4 OF NW 1- 4;THENCE W ALONG SAID N LINE OF S 300.00 FT FOR 200.01 FT MORE OR LESS TO INTERSECT A LINE 400.00 FT W OF, AS MEASURED AT RT ANGLES TO, SAID CTRLINE OF JASKSON AVE; THENCE N PARA WITH SAID CTRLINE FOR 1039.77 FT MORE OF LESS TO INTERSECT N LINE OF SAID SW 1-4 OF NW 1-4;THENCE E ALONG SAID N LINE FOR 350.03 FT MORE OR LESS TO INTERSECT SAID W LINE OF THE R -O -W OF JACKSON AVE;THENCE S ALONG SAID W LINE OF THE R -O -W FOR 1056.71 FT MORE OR LESS TO POB. The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time, other than for road right of way or utility purposes. Section I Specific Development Expected to Occur Within the TIF District The proposed development is expected to consist of the construction of a 40 -unit residential rental multi -family affordable housing project to be constructed by Jackson Hills Residential Suites, LLC. The developer has requested tax increment financing assistance for a portion of the costs associated with development of the 40 -unit affordable multi -family housing project, as well as related administrative expenses of the project. In order to comply with the statutory requirements of a Housing TIF District, at least 20% (8 units) of the 40 units will be occupied by residents with incomes at or below 50% of the area median income. The City anticipates that construction will commence on the 40 -unit complex in 2018 and be fully constructed by December 31, 2019 and be 100% assessed and on the tax rolls as of January 2, 2020 for taxes payable in 2021. At the time this document was prepared there were no signed construction contracts with regards to the above described development. The City intends to enter into a development agreement with the developer for the housing development described in this section. In addition, the City may use Tax Increment from the TIF District in the future SPRINGSTED Page 4 City of Elk River, Minnesota to provide financial assistance for the development of affordable housing within the Project which meets the income requirements set forth in Section 469.1761 of the Tax Increment Act. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a housing district; See Section E of this document for the reasons and facts supporting this finding. (2) 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. The proposed development is expected to consist of approximately 40 total apartment units for persons and families at low and moderate incomes. The City's finding that the proposed development would be unlikely to occur solely through private investment within the reasonably foreseeable future is based on an analysis of the project pro forma and other materials submitted to the City by the developer. These documents have indicated that the reduction in annual revenues due to the lower rents associated with providing affordable housing units will result in returns that are not sufficient to support development, thereby making this housing development infeasible without public assistance. In addition, the developer has provided financial information indicating that tax increment financing assistance will be necessary to support project financing. (3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the Planning Commission of the City has found the TIF plan consistent with the general plan for development of the city as a whole and will generally complement and serve to implement policies adopted in the City's comprehensive plan. (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. Through the implementation of the TIF Plan, the City will provide an impetus for an affordable multifamily housing complex, which complements the overall housing needs of the City and helps support other private types of development by providing a range of housing opportunities for residents and workers within the City. The City's housing study supports this finding. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Estimated Public Costs Estimated Amount Land/Building acquisition $0 Site Improvements/Preparation costs $0 Utilities $0 Other public improvements $0 SPRINGSTED Page 5 City of Elk River, Minnesota Construction of affordable housing $480,523 Administrative expenses $85,230 Interest expenses $286,517 Total $852,270 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost ($852,270) is not increased. The City also reserves the right to fund any of the identified costs with any other legally available revenues, but anticipates that such costs will be primarily financed with tax increments. Section L Estimated Sources of Revenue Estimated Sources of Revenue Estimated Amount Tax Increment revenue $852,270 Interest on invested funds Total $852,270 The City anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go note. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $852,270. The City currently plans to finance the improvements and affordable housing costs in the form of a pay -as -you go revenue note to reimburse the developer for certain project costs associated with construction of the project, but reserves the right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2017, for taxes payable in 2018, is estimated to be $71,900. Upon establishment of the TIF District, and anticipated subsequent reclassification of property to a residential rental classification of 1.25%, it is estimated that the original net tax capacity of the TIF District will be approximately $899. SPRINGSTED Page 6 City of Elk River, Minnesota Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2016 and payable in 2017 is 137.819% as shown below: 2016/2017 Taxing Jurisdiction Local Tax Rate City of Elk River 46.193% Sherburne County 50.458% ISD #728 36.659% Other 4.509% Total 137.819% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that the project will begin construction in mid to late 2018 and be complete by December 31, 2019, creating a total tax capacity for TIF District No. 25 of $42,274 as of January 2, 2020. The captured tax capacity as of that date is estimated to be $41,375 and the first full year of tax increment for taxes payable in 2021 is estimated to be $57,023. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit 111. The estimates shown in this TIF plan assume that class rates will be residential rental class rates of 1.25% of the estimated market value, and do not assume any annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. SPRINGSTED Page 7 City of Elk River, Minnesota Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) Pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on one ore more pay-as-you-go notes, tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless the county board involved waives this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment derived from the TIF District must be used solely to finance the cost of housing projects (including administrative expenses and public improvement costs) as defined in Section 469.174, Subdivision 11 of the Tax Increment Act and subject to the requirements set forth in Section 469.1761 of the Tax Increment Act. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. Further, tax increments may not be used to finance: a commons area used as a public park; facilities used for social or recreational purposes (whether public or private); or publicly -owned facilities used for conference purposes; provided that tax increment may be used for a privately owned conference facility, and for parking structures whether public or privately owned and whether or not they are ancillary to one of the otherwise prohibited uses described above. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. SPRINGSTED Page 8 City of Elk River, Minnesota Section R Excess Tax Increment Beginning with the sixth year after certification of the TIF District, any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule As permitted under Minnesota Statutes, Section 469.1763, subdivision 2(b) and subdivision 3(a)(5), any expenditures of increment from the TIF District to pay the cost of a "housing project" as defined in Minnesota Statutes, Section 469.174, subd. 11 will be treated as an expenditure within the district for the purposes of the "pooling rules" and the "five year rule". The City does not currently anticipate that tax increments will be spent outside the TIF District (except allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan. The City does not expect that allowable pooling expenditures will be made outside of the TIF District, but such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of TIF District No. 25, demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial SPRINGSTED Page 9 City of Elk River, Minnesota reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $855,345. To the extent the proposed project in TIF District No. 25 generates any public cost impacts on City provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing general obligation tax increment bonds attributable to the District and reserves the right to finance certain project costs with this method as necessary. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $227,515. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $313,155. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. SPRINGSTED Page 10 City of Elk River, Minnesota Section X Development Agreements If within a project containing a housing district, more than 10% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District, other than for right of way and utility purposes. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with any person, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City may consider entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the City; increase in the total estimated capital and administrative costs; or designation of additional property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Filing and Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. SPRINGSTED Page 11 City of Elk River, Minnesota The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to ensure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Financial Reporting and Disclosure Requirements The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. SPRINGSTED Page 12 .U,QNS P,QR. K/LIOA y+ Exhibit 1 Tax Increment Financing (Housing) District No. 25 SPRINGSTED Page 13 Exhibit 11 Assumptions Report City of Elk River, Minnesota Tax Increment Financing (Housing) District No. 25 Jackson Hills 40 Unit Housing Development Draft TIF Plan Exhibits based on $3.31M EMV (40 units) Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/18 Actual Certification Request Date Decertification Date 12/31/35 (15 Years of Increment) 2017/2018 Base Estimated Market Value $71,900 Parcel ID 75-134-2303 Original Net Tax Capacity $899 Assessment/Collection Year 2018/2019 2019/2020 2020/2021 2021/2022 Base Estimated Market Value $71,900 $71,900 $71,900 $71,900 Increase in Estimated Market Value 0 0 3,310,000 3,310,000 Total Estimated Market Value 71,900 71,900 3,381,900 3,381,900 Total Net Tax Capacity $899 $899 $42,274 $42,274 City of Elk River 46.193% Sherburne County 50.458% ISD #728 36.659% Other 4.509% Local Tax Capacity Rate 137.819% Payable 2017 Frozen Tax Rate 137.819% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent (maximum = 10%) 10.00% 10.00% Pooling Percent 0.00% 0.00% Bonds Note (Pay -As -You -Go) Bonds Dated NA Note Dated 08/01/18 Bond Issue @ 0.00% (NIC) NA Note Rate 4.50% Eligible Project Costs NA Note Amount $480,523 Present Value Date & Rate 08/01/18 4.50% Present Value Amount $506,600 Notes Projections assume no future changes to tax and classification rates. No MV inflator was assumed. Projections are based on Pay 2017 Total Tax Rate provided by County. 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