7.6. SR 04-16-2018 E04y1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.6
Agenda Section Meeting Date Prepared by
Public Hearing April 16, 2018 Amanda Othoudt,Economic Development
Director
Item Description Reviewed by
Public Hearing for the Creation of Housing TIF Cal Portner, City Administrator
District No. 25 Reviewed by
Action Requested
1. Open public hearing on the proposed Tax Increment Financing District#25.
2. Following the public hearing, the Council is asked to consider approval of the attached Resolution
approving the modification of the development program for a development district No. 1,
establishing a tax increment financing district, and approving the tax increment financing plan.
Background/Discussion
Patrick Briggs is developing a new 40-unit mixed income housing project at the intersection of 6th Street
and Jackson Avenue. The developer applied for Tax Increment Financing (TIF) assistance through the
establishment of a Housing TIF District to finance the portion associated with affordable housing.
TIF District (Housing) No. 25 consists of one parcel and will consist of approximately 40 units of low-
and moderate-income rental housing, all or a portion of which will receive TIF assistance and will meet
income restrictions described in M.S. 469.1761. At least 20% (8 units) of the units/homes receiving
assistance will have incomes at or below 50% of county median income.
The Housing and Redevelopment Authority and the City Council reviewed the proposed project at their
February 5, 2018, meetings and directed staff to establish a 15-year Housing TIF for the project.
The Planning Commission reviewed the TIF Plan on March 27, 2018, and found it conforms to the
general city development plan. The proposal is or will be in substantial accordance with the existing
zoning or any permitted exception for the property and is consistent with other uses in the area. The city
has performed all actions required by law to be performed prior to the modification and approval of the
Program Modification and the TIF Plan.
The Council finds:
(a) The land within the district would not be available for redevelopment without the financial aid
sought under this development program.
(b) The development program modification will afford maximum opportunity, consistent with the
needs of the city for the development of the district by private enterprise.
(c) The development program modification conforms to the general city development plan.
POWERED 6T
Template Updoted 4/14 INAWRE1
The City Council, staff, and its consultants are authorized to negotiate the terms of any development
agreement,if necessary,with developers in connection with the establishment of the TIF District.
Financial Impact
The total amount of gross tax increment that will be generated over the life of the district (up to 15 full
years) is estimated to be $824,100. The city will retain 10% of the annual increment with 90% pledged to
the developer. Estimated principal amount paid to the developer is $480,523 with estimated interest
payments up to $261,167 over 15 years.
The city will provide financial assistance to the proposed development through the use of a Pay-As-You-
Go note,which limits the financial risk to the city. As tax increments are collected from the TIF District
in future years, a portion (90% annual increment received) of these taxes will be distributed to the
developer/owner as reimbursement for public costs incurred.
Attachments
■ TIF Plan for TIF District#25
■ Sherburne County letter (April 3, 2018)
■ Resolution
N:APublic Bodies\Agenda Packets\04-16-2018\Done\x7.6 sr Jackson Hills CC Staff Report Public Hearing 04.16.18.docx
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
Final Draft Dated: April 16, 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 ............................................................................................... 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
O. 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
Assumptions Report ............................................................................................................. EXHIBIT II
Projected Tax Increment Report ........................................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report ....................................................... EXHIBIT IV
City of Elk River, Minnesota
SPRINGSTED Page 1
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.
City of Elk River, Minnesota
SPRINGSTED Page 2
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.
City of Elk River, Minnesota
SPRINGSTED Page 3
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
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 could 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 could 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:
City of Elk River, Minnesota
SPRINGSTED Page 4
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 streets and rights-of-ways located upon or adjacent to
the property described above.
Section H Property to be Acquired
The City may acquire and sell any or all of the property located within the Development 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. 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
City of Elk River, Minnesota
SPRINGSTED Page 5
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
City of Elk River, Minnesota
SPRINGSTED Page 6
Other affordable housing $0
Construction of affordable housing $480,523
Administrative expenses $82,410
Interest expenses $261,167
Total $824,100
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 ($824,100) 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 $824,100
Interest on invested funds
Total $824,100
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 $824,100. 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 $61,100. 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 $764.
City of Elk River, Minnesota
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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 O 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 2017 and payable in 2018 is 135.773% as shown below. If the request for certification is made prior to June
30, 2018, the original local tax capacity rate will be the rate that applies for taxes payable in 2018 and the County
Auditor shall certify this amount as the original tax capacity rate of the TIF District.
2017/2018
Taxing Jurisdiction Local Tax Rate
City of Elk River 46.011%
Sherburne County 49.356%
ISD #728 36.137%
Other 4.269%
Total 135.773%
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 $41,375 as of January 2, 2020. The captured tax capacity
as of that date is estimated to be $40,611 and the first full year of tax increment for taxes payable in 2021 is
estimated to be $55,139. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III.
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.
City of Elk River, Minnesota
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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.
City of Elk River, Minnesota
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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
City of Elk River, Minnesota
SPRINGSTED Page 10
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 (up to 15 full years) is
estimated to be $827,085.
2. 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 $220,135.
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 $300,661.
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.
City of Elk River, Minnesota
SPRINGSTED Page 11
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.
City of Elk River, Minnesota
SPRINGSTED Page 12
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:
(1) 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.
Exhibit I
SPRINGSTED Page 13
Tax Increment Financing (Housing) District No. 25
Exhibit I
SPRINGSTED Page 14
Map of Development District No. 1
Exhibit II
SPRINGSTED Page 15
Assumptions Report
City of Elk River, Minnesota
Tax Increment Financing (Housing) District No. 25
Jackson Hills 40 Unit Housing Development
Updated 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 $61,100
Parcel ID 75-134-2303
Original Net Tax Capacity $764
Assessment/Collection Year
2018/2019 2019/2020 2020/2021 2021/2022
Base Estimated Market Value $61,100 $61,100 $61,100 $61,100
Increase in Estimated Market Value 0 0 3,248,900 3,248,900
Total Estimated Market Value 61,100 61,100 3,310,000 3,310,000
Total Net Tax Capacity $764 $764 $41,375 $41,375
City of Elk River 46.011%
Sherburne County 49.356%
ISD #728 36.137%
Other 4.269%
Local Tax Capacity Rate 135.773% Payable 2018
Frozen Tax Rate 135.773%
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 $489,858
Notes
Projections assume no future changes to tax and classification rates. No MV inflator was assumed.
Projections are based on Pay 2018 Total Tax Rate provided by County.
Base values are existing land values for one parcel (75-134-2303)
Total New Taxable Value based on 40 units at $82,750/unit
Exhibit IIISPRINGSTED Page 16 Projected Tax Increment ReportCity of Elk River, MinnesotaTax Increment Financing (Housing) District No. 25Jackson Hills 40 Unit Housing DevelopmentUpdated Draft TIF Plan Exhibits based on $3.31M EMV (40 units)Less: Retained Times: Less: Annual Less:Annual Total Total Original Captured Tax Annual State Aud. Revenue Admin. AnnualPeriod Estimated Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net of Retainage NetEnding Market Value (1)Capacity (2)Capacity (3)Capacity Rate (4)Increment 0.360% OSA Deduction 10.00% Revenue(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)12/31/18 61,100 764 764 0 135.773% 0 0 0 0 012/31/19 61,100 764 764 0 135.773% 0 0 0 0 012/31/20 61,100 764 764 0 135.773% 0 0 0 0 012/31/21 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,446 *12/31/22 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/23 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/24 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/25 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/26 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/27 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/28 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/29 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/30 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/31 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/32 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/33 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/34 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,44612/31/35 3,310,000 41,375 764 40,611 135.773% 55,139 199 54,940 5,494 49,446$827,085 $2,985 $824,100 $82,410 $741,690(1) value based on stimate provided by County Assessor for proposed 40-unit apartment housing project(2) tax capacity based on residential rental class rate of 1.25% (3) original net tax capacity will be based on portion of existing land value as attributable to this project (1 parcel) and classified as residential rental(4) combined local tax capacity rate of City, County and School District for payable 2018* election to delay receipt of first increment until 2021 when project expected to generate 100% increment available
Exhibit IV SPRINGSTED Page 17 City of Elk River, MinnesotaTax Increment Financing (Housing) District No. 25Jackson Hills 40 Unit Housing DevelopmentUpdated Draft TIF Plan Exhibits based on $3.31M EMV (40 units)WithoutProject or TIF District With Project and TIF DistrictProjected Hypothetical2017/2018 2017/2018 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2017/2018 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxing Net Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Elk River 24,046,382 46.011% 24,046,382 $40,611 24,086,993 45.933% 0.078% 18,654Sherburne County 93,911,430 49.356% 93,911,430 40,611 93,952,041 49.335% 0.021% 20,035ISD #728 35,598,327 36.137% 35,598,327 40,611 35,638,938 36.096% 0.041% 14,659Other (2) --- 4.269% --- 40,611 --- 4.269% --- --- Totals 135.773% 135.633% 0.140% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 0.140% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 3.14% of the total tax rate.
SHERBURNE
C O U N T Y
NOMME
W
April 3, 2018
Ms. Mikaela Huot
Springsted Incorporated
380 Jackson Street
Suite 300
St. Paul, MN 55101-2887
Re: City of Elk River TIF District #25
Dear Ms. Huot:
Board of Commissioners
Barbara Burandt, District 1
Ewald Petersen, District 2
Tim Dolan, District 3
Felix Schmiesing, District 4
Lisa A. Fobbe, District 5
Thank you for the opportunity to provide comments concerning the establishment of tax increment
financing (TIF) district #25.
Sherburne County adopted an economic development strategic plan in 2018. That plan identifies the
county's intent to support the economic development efforts of our cities and other partners that help
enhance the quality of life for all residents, create and sustain living wage jobs, expand the county's
property tax base, and allow the county to be a partner with other public agencies and private sector
stakeholders.
Pursuant to Minnesota Statute 479.175, subdivision 2, and consistent with the county's economic
development strategic plan, Sherburne County submits the following comments:
1. The County Board supports the city's effort to encourage and facilitate the development of
the 40 unit multifamily housing project. The development, when complete, is projected to
add more than $3,250,000 in taxable value.
2. The TIF district proposal has been reviewed by our Taxation Division staff and no
administrative issues were identified.
3. The TIF district proposal has been reviewed by our Public Works Department and one
administrative issue was identified. In order to ensure that there is no negative impact to the
downstream drainage system as a result of the proposed improvements and increased
impervious surface, a drainage report should be prepared that meets the standards and
requirements for the City of Elk River. Typically no increase in the 10 year runoff rate from
the existing condition as compared to the proposed development is allowed. Onsite
detention/retention may be required to mitigate this.
We appreciate the opportunity to provide comments on the proposed district. We request that these
comments be incorporated into the record at the public hearing on April 16, 2018.
Sincerely,
�
Wk
Dan Weber
Assistant County Administrator
Cc: Sherburne County Board of Commissioners
Amanda Othoudt, Economic Development Director
City of
Elk City of Elk River
Wver City Council
Resolution 18-
A Resolution of the City Council of the City of Elk River Adopting a
Modification to the Development Program for Development District No.
and Establishing a Tax Increment Financing (Housing) District No. 25
Therein and Adopting a Tax Increment Plan Therefor
WHEREAS, the City Council of the City of Elk River (the "City") has heretofore
established Development District No. 1 and adopted a Development Program therefor. It
has been proposed that the City adopt a Modification to the Development Program (the
"Development Program Modification") for Development District No. 1 (the "Development
District") and establish Tax Increment Financing District (Housing) No. 25 (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 469.133 and Sections 469.174 to 469.1794, all
inclusive, as amended, (the "Act") all as reflected in the Program and Plan, and presented for
the Council's consideration; and
WHEREAS, the City has investigated the facts relating to the Program and Plan and has
caused the Program and Plan to be prepared; and
WHEREAS, 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 (Elk River) 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; and
WHEREAS, certain written reports (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; and
WHEREAS, the City is not modifying the boundaries of Development District No. 1,but
is however,modifying the Development Program NATUREJ
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
Section 1. Findings for the Adoption and Approval of the Development Program
Modification.
1.01. The Council approves the Development Program Modification, and
specifically finds that: (a) the land within the Development District would not be available
for redevelopment without the financial aid to be sought under this Development Program;
(b) the Development Program Modification will afford maximum opportunity, consistent
with the needs of the City as a whole, for the development of the Development District by
private enterprise; and (c) that the Development Program Modification conforms to the
general plan for the development of the City as a whole.
Section 2. Findings for the Establishment of Tax Increment Financing District
(Housing) No. 25.
2.01. The Council hereby finds that Tax Increment Financing District (Housing)
No. 25 is in the public interest and is a "housing district" under Minnesota Statutes, Section
469.174, Subd. 11 of the Act.
2.02. The Council further finds that the proposed development would not occur
solely through private investment within the reasonably foreseeable future and, therefore,
the use of tax increment financing is deemed necessary; 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 or redevelopment of the District by private
enterprise.
2.03. 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.
Section 3. Public Purpose.
3.01. The adoption of the Program and Plan conforms in all respects to the
requirements of the Act and will help fulfill a need to develop an area of the City which is
already built up, to provide housing opportunities, to improve the tax base and to improve
the general economy of the State and thereby serves a public purpose. For the reasons
described in Exhibit A, the City believes these benefits directly derive from the tax
increment assistance provided under the TIF Plan. A private developer will receive only the
assistance needed to make this development financially feasible. As such, any private
benefits received by a developer are incidental and do not outweigh the primary public
benefits.
Section 4. Approval and Adoption of the Program and NATUREJ
4.01. 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.
4.02. The City elects to retain all of the captured tax capacity to finance the costs
of the TIF District and the Development District
4.03. 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. The City Council, staff and its
consultants are authorized to negotiate the terms of any development agreement, if
necessary,with developers in connection with the establishment of the TIF District.
4.04 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 City 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.
4.05. The City Administrator is further authorized and directed to file a copy of
the Program and Plan with the Commissioner of the Minnesota Department of Revenue and
the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a.
Passed and adopted this 16I day of April 2018.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI