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7.4. SR 09-21-2020 Request for Action To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearing September 21, 2020 Amanda Othoudt, EDD Item Description Reviewed by Modification of Tax Increment Financing Plan Lori Ziemer, Finance Director for TIF District #24 Reviewed by Cal Portner, City Administrator Action Requested 1. Open public hearing to consider comment on the modification to Tax Increment Financing Plan for TIF District #24. 2. Following the public hearing, the Council is asked to consider approval of the attached Resolution approving the modification to the tax increment financing plan. Background/Discussion At their July 3, 2017, meeting, the Council established TIF District #24 to facilitate the demolition of existing blighted buildings, facilitate the construction of an approximately 7,216 square foot facility to operate a light maintenance facility for the Beaudry Oil existing fleet, provide necessary public infrastructure and facilitate future development in the TIF District. The project is complete, which caused staff to review the qualified expenditures to be reimbursed with future increment. Staff proposes to modify the TIF District budget to increase the amount budgeted for the public costs of land/building acquisition and public improvements and to decrease the amount budgeted for interest. 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. Baker Tilly prepared the Modification to Tax Increment Financing Plan. Financial Impact The city will retain all the captured tax capacity to finance the cost of the TIF District and the Development District over 26 years, consistent with the findings made when the TIF District was originally established. Mission/Policy/Goal Council Long-term Goal: C/I Development Attachments  TIF Plan Modification for TIF District #24  Summary Report by Baker Tilly  Resolution The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 Memorandum To: Amanda Othoudt, Economic Development Director From: Mikaela Huot, Director Date: September 21, 2020 Amendment to the Tax Increment Financing Plan for Tax Increment Subject: Financing District No. 24 Background The City of Elk River adopted the tax increment financing plan for Tax Increment Financing (Redevelopment) District No. 24 on July 3, 2017. The purpose for creation of the TIF District was to facilitate redevelopment of the properties that were included within the district and allow for new development to occur. At the time the TIF District was established, the City also adopted an interfund loan resolution that authorized financing of the identified redevelopment costs in advance and to use future tax increment revenues as repayment. The City financed upfront a portion of the project costs related to land assembly (acquisition) and site development to facilitate redevelopment of the project. As the project commenced, there were some budget adjustments between categories of eligible costs that were intended to be financed with tax increment revenues. As a result, it was necessary to amend the budget to provide the City with the ability to recoup eligible incurred costs. Although we are not increasing the total estimated project costs of $1,406,393, we are increasing the amount of capital costs (acquisition and site improvements) to be consistent with the adopted interfund loan amount with a resulting decrease in interest costs. This budget adjustment requires a public hearing prior to City Council consideration for approval. As required by statutes, notice was provided to the County and School District, with public hearing notice published on September 5. It is important to note the budget amendment does not increase the total projected tax increment revenues or project costs. The table below illustrates the proposed budget amendment for consideration: Modification Project Costs Original (2017) (2020) Land/building acquisition $500,000 $593,500 Site improvements/preparation costs $167,000 $88,495 Utilities $0 $0 Other public improvements $0 $118,005 Construction of affordable housing $0 $0 Administrative expenses $140,640 $140,640 Subtotal project costs $807,640 $940,640 Interest $598,753 $465,753 Total estimated project costs $1,406,393 $1,406,393 Thank you for the opportunity to be of assistance to the City of Elk River. Please contact me at 651.368.2533 or Mikaela.huot@bakertily.com with any questions or comments. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. Modification to Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 24 within Development District No. 1 (Beaudry The Truck Shop) City of Elk River, Minnesota Prepared by Baker Tilly Municipal Advisors, LLC Original Approval Date: July 3, 2017 Draft Dated: September 21, 2020 Anticipated Public Hearing: September 21, 2020 Anticipated Approval by City Council: September 21, 2020 Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. TABLE OF CONTENTS SECTION I – MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Foreword ............................................................................................................................. 1 SECTION II – MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 24 Introduction ......................................................................................................................... 1 A. Definitions .............................................................................................................................. 1 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 Redevelopment District ..................... 2 F. Duration of the TIF District ..................................................................................................... 3 G. Property to be Included in the TIF District .............................................................................. 4 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 .......................................................................................................... 7 L. Estimated Sources of Revenue ............................................................................................. 7 M. Estimated Amount of Bonded Indebtedness .......................................................................... 8 N. Original Net Tax Capacity ...................................................................................................... 8 O. Original Local Tax Rate ......................................................................................................... 8 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ..................... 9 Q. Use of Tax Increment ........................................................................................................... 10 R. Excess Tax Increment ......................................................................................................... 10 S. Tax Increment Pooling and the Five Year Rule ................................................................... 11 T. Limitation on Administrative Expenses ................................................................................ 11 U. Limitation on Property Not Subject to Improvements - Four Year Rule ............................... 12 V. Estimated Impact on Other Taxing Jurisdictions .................................................................. 13 W. Prior Planned Improvements ............................................................................................... 13 X. Development Agreements ................................................................................................... 13 Y. Assessment Agreements ..................................................................................................... 13 Z. Modifications of the Tax Increment Financing Plan ............................................................. 14 AA. Administration of the Tax Increment Financing Plan ........................................................... 14 AB. Filing TIF Plan, Financial Reporting and Disclosure Requirements .................................... 15 Map of the Tax Increment Financing District ...................................................................... EXHIBIT I Assumptions Report ............................................................................................................ EXHIBIT II Projected Tax Increment Report ......................................................................................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ..................................................... EXHIBIT IV Market Value Analysis Report ............................................................................................. EXHIBIT V Redevelopment TIF District Qualifications Report .............................................................. EXHIBIT VI 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 (Redevelopment) District No. 24. 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. SECTION II – MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENTG) DISTRICT NO. 24 Introduction The following text represents a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1. This modification represents an adjustment to the Estimated Public Costs in Section K to reflect a shifting of specific project cost line items. The total public costs to be financed with tax increment revenues is not being changed. There are no other changes with the modification. 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". "City 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. City of Elk River, Minnesota SPRINGSTED Page 2 "TIF District" means Tax Increment Financing (Redevelopment) District No. 24. "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 Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots, or other similar structures. (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be retained by the City for the life of the TIF District and are available to the public upon request. An analysis was completed by LHB to make this determination. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), City of Elk River, Minnesota SPRINGSTED Page 3 layout and condition of interior partitions, or similar factors. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it cannot gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on- site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2) the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City; (3) the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district, and (4) the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt by the City of the first tax increment. Modifications of this plan (see Section Z) shall not extend these limitations. Pursuant to Minnesota Statutes, Section 469.175, subd. 1(b), the City specifies 2020 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, 2045 and anticipates that the TIF District may be active for the maximum duration allowed (see Section P). However, the City will decertify the TIF District as early as possible should the projected increment be received in a shorter time period City of Elk River, Minnesota SPRINGSTED Page 4 than originally projected. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Section G Property to be Included in the TIF District The TIF District comprises of 12 parcels containing multiple substandard buildings to be demolished. The total area of the TIF district is approximately 4 acres and also includes adjacent streets and right-of-way located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel Number Legal Description 75-410-0735 LOTS 8 & 9, BLK 7 75-410-0730 LOT 7, BLK 7 75-410-0725 LOT 6, BLK 7. SUB TO PERPETUAL EASEMENT 75-410-0720 LOTS 4 & 5, BLK 7 75-410-0715 N 1-2 OF LOT 2, & ALL OF LOT 3, BLK 7 PLUS PERMANENT EASEMENT 75-410-0710 LOT 1 EXCEPT THE W 80 FT THEREOF, AND THE S 1/2 OF LOT 2 EXCEPT THE W 80 FT THEREOF, ALL IN BLK 7. 75-410-0705 W 80 FT OF LOT 1 & W 80 FT OF S 1-2 OF LOT 2, BLK 7 75-410-0740 LOT 10 & E 1-2 OF LOT 11, BLK 7 75-410-0745 W 1-2 OF LOT 11 & ALL OF LOT 12, BLK 7 75-403-0010 LOT 1 75-403-0020 LOT 2 75-403-0030 LOT 3 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, as illustrated in the boundary map included in Exhibit I. Section H Property to be Acquired in the TIF District The City anticipates acquiring property located within the TIF District; and reserves the right to sell such property as related to redevelopment. Section I Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of property within the City that consists of blighted buildings that have been found to be substandard and will be demolished. A business is planning the construction of an approximate new 7,216 square foot facility to operate a light maintenance facility for the Beaudry Oil existing fleet. The facility will be used for minor repair for Beaudry Oil & Propane Fleet (not open to the public), which includes oil changes, replacing tires, changing brakes, minor service, light maintenance, cleaning and detailing. The City has identified additional public improvement costs related to the redevelopment project including acquisition of additional blighted properties adjacent to the proposed project site, as well as infrastructure improvements to allow better access to the project site. Following acquisition and demolition of the blighted properties, it is anticipated that a second development will occur in the District, generating additional taxable value and increment that will be available to financing the City of Elk River, Minnesota SPRINGSTED Page 5 redevelopment costs. The City anticipates using tax increments to finance the identified redevelopment costs, including eligible related administrative expenses. Demolition and subsequent construction of the new development on the project site is projected to start in 2017 and is anticipated to occur in phases subject to market. The total project is expected to be fully constructed by December 31, 2018 and be 100% assessed and on the tax rolls as of January 2, 2019 for taxes payable 2020. 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 redevelopment district; The City hired LHB to inspect and evaluate the property within the proposed Tax Increment Financing District No. 24 to be established by the City. The purpose of the evaluation was to determine if the proposed district met the statutory requirements for coverage and if the buildings met the qualifications required for a Redevelopment District. A final report will be prepared for the City to retain on file in City offices for public inspection. The report contains the details of the findings summarized below regarding the substandard qualifications:  The TIF District consists of twelve parcels that are occupied so 100 percent of the area of the proposed TIF District is occupied (exceeding the 70 percent coverage test);  66.7 percent (8 of 12) of the buildings in the proposed District contain code deficiencies exceeding the 15 percent threshold;  at least 50 percent of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance, exceeding the more than 50 percent substandard test; and  The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. (2) The proposed redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: City of Elk River, Minnesota SPRINGSTED Page 6 The proposed project consists of the redevelopment of property within the City that consists of blighted properties that were found to be substandard and will be demolished following establishment of the district. The City has identified significant and extraordinary costs including public improvements, acquisition and demolition associated with redevelopment of the project site in conjunction with new development. The estimated total redevelopment costs for this property make the total cost of this effort significantly higher than costs reasonably incurred for similar developments on a clean site. The City’s finding that the proposed redevelopment would be unlikely to occur solely through private investment within the reasonably foreseeable future is based on an analysis of the proforma and other materials submitted by the developer. As necessary, the City anticipates analyzing future developer’s proformas in detail to determine the minimal amount of assistance needed to compensate developers for extraordinary and allowable costs. No higher market value expected: If the proposed redevelopment did not go forward, for the same reasons described above, no significant alternative redevelopment of the proposed TIF area would occur. The existing buildings are currently substandard and it is highly unlikely that the improvements would be made on the property site without tax increment financing. In short, there is no basis for expectation that the area would redevelop or be renovated in any significant way purely by private action without public subsidy. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 to some modest amount based on small scale renovation or redevelopment that could be possible without assistance; any estimated values would be too speculative to ascertain. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $2,829,727, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $731,388 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $2,098,339 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Factual basis: The anticipated redevelopment of the project site and any subsequent demolition, reconstruction, or renovation related to the project will remain consistent with the City’s design goals. City of Elk River, Minnesota SPRINGSTED Page 7 (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. 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. Project Costs Original (2017) Modification (2020) Land/building acquisition 500,000 593,500 Site improvements/preparation costs 167,000 88,495 Utilities Other public improvements 118,005 Construction of affordable housing Administrative expenses 140,640 140,640 Subtotal 807,640 940,640 Interest 598,753 465,753 Total 1,406,393 1,406,393 The City anticipates using tax increment to the extent available to finance redevelopment costs of the project including primarily acquisition of blighted properties and site improvement/preparation costs (demolition), related administrative expenses, and other TIF- eligible expenditures as deemed necessary and related to redevelopment of the project site. 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 ($1,406,393) 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 Sources of Revenue Original (2017) Tax Increment revenue 1,406,393 Interest on invested funds Other Total 1,406,393 The City anticipates capturing the tax increments from the project for financing of the identified redevelopment costs including acquisition and demolition. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the City to reimburse City of Elk River, Minnesota SPRINGSTED Page 8 itself for public costs incurred (see Section K). The City also anticipates retaining any remaining increment to finance additional needed public improvement costs. 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 $1,406,393. The City currently plans to finance the acquisition and demolition costs through an interfund loan, 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 Taxable Value of all property within the TIF District as of January 2, 2017, for taxes payable in 2018, is $1,352,500. Upon establishment of the district and subsequent reclassification of the property, the estimated original net tax capacity of the TIF District is estimated to be $20,874. This assumes the properties are reclassified from residential to commercial-industrial. This value is also assumed to be the value of the properties, including land and building, as of the date the substandard buildings occupied the parcel. 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 Local Tax Rate The County Auditor shall also certify the original local tax 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 local tax rate of the TIF District. City of Elk River, Minnesota SPRINGSTED Page 9 The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2017 and payable in 2018 shall be the original tax capacity assuming the request for certification is made after June 30, 2017. The County Auditor shall certify the amount for taxes payable 2018 as 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 redevelopment will be completed by December 31, 2018, creating a total tax capacity for TIF District No. 24 of $40,398 as of January 2, 2019. The captured tax capacity as of that date is estimated to be $19,524 and the first full year of increment is projected to be in $26,908 in taxes payable 2020. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. 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 estimates shown in this TIF plan assume that commercial-industrial class rates remain at 1.50% for value up to $150,000 and 2% for value above $150,000 of the estimated taxable value, and assume 3% 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. 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. City of Elk River, Minnesota SPRINGSTED Page 10 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 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 both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. 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, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately-owned facility for conference purposes. 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 than 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. Section R Excess Tax Increment In 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; City of Elk River, Minnesota SPRINGSTED Page 11 (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 At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City does not anticipate that tax increments will be spent outside the TIF District (including allowable administrative expenses), 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; City of Elk River, Minnesota SPRINGSTED Page 12 (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). 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 TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no 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 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 $1,411,473. City of Elk River, Minnesota SPRINGSTED Page 13 2. To the extent the project in TIF District No. 24 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the district upon the ability to issue other debt for general fund purposes, 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 but reserves the right to the use of internal financing, as necessary, to finance a portion of the project costs attributable to the District. 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 $375,444. 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 $516,767. 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. Section X Development Agreements If within a project containing a redevelopment district, more than 25% 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 does not anticipate entering into an agreement for development. The City does anticipate acquiring several properties directly in conjunction with redevelopment as proposed within the district. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, 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 City of Elk River, Minnesota SPRINGSTED Page 14 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 does not anticipate 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; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of 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 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. 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 City of Elk River, Minnesota SPRINGSTED Page 15 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 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 Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. . Exhibit I Map of Tax Increment Financing (Redevelopment) District No. 24 within Development District No. 1 Exhibit II Assumptions Report City of Elk River, Minnesota Tax Increment Financing (Redevelopment) District The Truck Shop Redevelopment Project Final TIF Plan Exhibits Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 12/30/17 Actual Certification Request Date Decertification Date 12/31/45 (26 Years of Increment) 2017/2018 Base Estimated Market Value $1,352,500 Original Net Tax Capacity $20,874 Assessment/Collection Year 2017/2018 2018/2019 2019/2020 2020/2021 Base Estimated Market Value $1,352,500 $1,352,500 $1,352,500 $1,352,500 Increase in Estimated Market Value $0 $0 $704,879 $766,600 Total Estimated Market Value $1,352,500 $1,352,500 $2,057,379 $2,119,100 Total Net Tax Capacity $20,874 $20,874 $40,398 $41,632 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 Interfund Loan Bonds Dated NA Note Dated 02/01/18 Bond Issue @ 0.00% (NIC) NA Note Rate 4.00% Eligible Project Costs NA Note Amount $667,000 Present Value Date & Rate 02/01/18 4.00% Notes Projections assume no future changes to tax and classification rates with 3% annual MV inflator Projections are based on Pay2017 Total Tax Rate provided by County. Base values are existing land and building values Exhibit III ` Projected Tax Increment ReportCity of Elk River, MinnesotaTax Increment Financing (Redevelopment) District The Truck Shop Redevelopment ProjectFinal TIF Plan ExhibitsLess: Retained Times: Less: Annual Less: P.V.Annual Total Total Original Captured Tax Annual State Aud. Revenue Admin. Annual AnnualPeriod Estimated Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net of Retainage Net Net Rev. ToEnding Market Value (1)Capacity (2)Capacity (3)Capacity Rate (4)Increment 0.360% OSA Deduction 10.00% Revenue 02/01/18(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 4.00%12/31/17 1,352,500 20,874 20,874 0 137.819% 0 0 0 0 0 012/31/18 1,352,500 20,874 20,874 0 137.819% 0 0 0 0 0 012/31/19 1,352,500 20,874 20,874 0 137.819% 0 0 0 0 0 012/31/20 2,057,379 40,398 20,874 19,524 137.819% 26,908 97 26,811 2,681 24,130 * 22,02012/31/21 2,119,100 41,632 20,874 20,759 137.819% 28,609 103 28,506 2,85125,655 22,51112/31/22 2,182,673 42,903 20,874 22,030 137.819% 30,361 109 30,252 3,02527,227 22,97112/31/23 2,248,153 44,213 20,874 23,340 137.819% 32,166 116 32,050 3,20528,845 23,40112/31/24 2,315,598 45,562 20,874 24,688 137.819% 34,025 122 33,903 3,39030,513 23,80212/31/25 2,385,066 46,951 20,874 26,078 137.819% 35,940 129 35,811 3,58132,230 24,17412/31/26 2,456,618 48,382 20,874 27,509 137.819% 37,912 136 37,776 3,77833,998 24,51912/31/27 2,530,316 49,856 20,874 28,983 137.819% 39,944 144 39,800 3,98035,820 24,84012/31/28 2,606,226 51,375 20,874 30,501 137.819% 42,036 151 41,885 4,18937,696 25,13512/31/29 2,684,413 52,938 20,874 32,065 137.819% 44,191 159 44,032 4,40339,629 25,40812/31/30 2,764,945 54,549 20,874 33,675 137.819% 46,411 167 46,244 4,62441,620 25,65812/31/31 2,847,893 56,208 20,874 35,334 137.819% 48,697 175 48,522 4,85243,670 25,88612/31/32 2,933,330 57,917 20,874 37,043 137.819% 51,052 184 50,868 5,08745,781 26,09412/31/33 3,021,330 59,677 20,874 38,803 137.819% 53,478 193 53,285 5,32947,956 26,28212/31/34 3,111,970 61,489 20,874 40,616 137.819% 55,976 202 55,774 5,57750,197 26,45212/31/35 3,205,329 63,357 20,874 42,483 137.819% 58,550 211 58,339 5,83452,505 26,60512/31/36 3,301,489 65,280 20,874 44,406 137.819% 61,200 220 60,980 6,09854,882 26,73912/31/37 3,400,533 67,261 20,874 46,387 137.819% 63,930 230 63,700 6,37057,330 26,85812/31/38 3,502,549 69,301 20,874 48,427 137.819% 66,742 240 66,502 6,65059,852 26,96112/31/39 3,607,626 71,403 20,874 50,529 137.819% 69,639 251 69,388 6,93962,449 27,04912/31/40 3,715,855 73,567 20,874 52,694 137.819% 72,622 261 72,361 7,23665,125 27,12312/31/41 3,827,330 75,797 20,874 54,923 137.819% 75,694 272 75,422 7,54267,880 27,18312/31/42 3,942,150 78,093 20,874 57,220 137.819% 78,859 284 78,575 7,85870,717 27,23012/31/43 4,060,415 80,458 20,874 59,585 137.819% 82,119 296 81,823 8,18273,641 27,26512/31/44 4,182,227 82,895 20,874 62,021 137.819% 85,477 308 85,169 8,51776,652 27,28812/31/45 4,307,694 85,404 20,874 64,530 137.819% 88,935 320 88,615 8,86279,753 27,300$1,411,473 $5,080 $1,406,393 $140,640 $1,265,753 $666,754* election to delay receipt of first increment to 2020(1) value based on estimate provided by County for proposed new 7,216 sf shop facility and potential future redevelopment(2) tax capacity based on commercial-industrial class rate of 1.5% for value up to $150,000 and 2% for value above $150,000(3) original net tax capacity will be based on existing land and building value as attributable to this project and classified to commercial-industrial(4) combined local tax capacity rate of City, County and School District for payable 2017 Exhibit IV Estimated Impact on Other Taxing Jurisdictions ReportCity of Elk River, MinnesotaTax Increment Financing (Redevelopment) District The Truck Shop Redevelopment ProjectFinal TIF Plan ExhibitsWithoutProject or TIF District With Project and TIF DistrictProjected Hypothetical2016/2017 2016/2017 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2016/2017 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 22,868,723 46.193% 22,868,723 $64,530 22,933,253 46.063% 0.130% 29,725Sherburne County 88,154,298 50.458% 88,154,298 64,530 88,218,828 50.421% 0.037% 32,537ISD #728 33,371,816 36.659% 33,371,816 64,530 33,436,346 36.588% 0.071% 23,611Other (2) --- 4.509% --- 64,530 --- 4.509% --- --- Totals 137.819% 137.581% 0.238% * 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 0.238% (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 3.27% of the total tax rate. Exhibit V Market Value Analysis Report City of Elk River, Minnesota Tax Increment Financing (Redevelopment) District The Truck Shop Redevelopment Project Final TIF Plan Exhibits Assumptions Present Value Date 12/30/17 P.V. Rate - Gross T.I.4.00% Increase in EMV With TIF District $2,829,727 Less: P.V of Gross Tax Increment 731,388 Subtotal $2,098,339 Less: Increase in EMV Without TIF 0 Difference $2,098,339 Annual Present Gross Tax Value @ Year Increment 4.00% 1 2020 26,908 24,154 2 2021 28,609 24,693 3 2022 30,361 25,198 4 2023 32,166 25,669 5 2024 34,025 26,108 6 2025 35,940 26,517 7 2026 37,912 26,896 8 2027 39,944 27,248 9 2028 42,036 27,572 10 2029 44,191 27,871 11 2030 46,411 28,145 12 2031 48,697 28,395 13 2032 51,052 28,624 14 2033 53,478 28,831 15 2034 55,976 29,017 16 2035 58,550 29,184 17 2036 61,200 29,331 18 2037 63,930 29,461 19 2038 66,742 29,574 20 2039 69,639 29,671 21 2040 72,622 29,752 22 2041 75,694 29,818 23 2042 78,859 29,870 24 2043 82,119 29,908 25 2044 85,477 29,934 26 2045 88,935 29,947 $1,411,473 $731,388 Exhibit VI Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District City of Elk River City Council Resolution 20-____ A Resolution of the City Council of the City of Elk River Approving Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 24 Within Municipal Development District No. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: Section 1. Recitals. 1.01 The City has previously established Municipal Development District No. 1 (the “Project Area”) and adopted a Development Program (the “Development Program”) therefor. The City has also established Tax Increment Financing (Redevelopment) District No. 24 (The Truck Shop Project) (the “TIF District”) within the Project Area, and adopted a Tax Increment Financing Plan (the “TIF Plan”) therefor. 1.02 It has been proposed that the City modify the TIF Plan for the TIF District pursuant to Minnesota Statutes, Section 469.174 to 469.1794, as amended, to modify the budget for the TIF District to increase the amount budgeted for the public costs of land/building acquisition and public improvements and to decrease the amount budgeted for interest. 1.03 The City has caused to be prepared the Modification to Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 24 (The Truck Shop Project) (the “Modification”) reflecting the updated budget. 1.04 The City has performed all actions required by law to be performed prior to the Modification, including, but not limited to, notification of the Sherburne County Commissioner representing the area of the County in which the TIF District is located, and transmitting a copy of the Modification to Sherburne County (the “County”) and Independent School District No. 728 (Elk River) (the “School District”), which have taxing jurisdiction over the property included in the TIF District. 1.05 The City held a duly noticed public hearing on the date hereof on the Modification. Section 2. Finding for the Development Program. It is found and determined that the Development Program for the Development District remains in full force and effect and that the goal of the Development Program is to encourage development in accordance with the general plan of development of the City as a whole. The City hereby reaffirms the original findings for the Development Plan. Section 3. Findings for the Modification of the Tax Increment Financing Plan. The City hereby finds that the Modification is intended and, in the judgment of the City, its effect will be, to carry out the objectives of the TIF Plan and the Development Program including, but not limited to, facilitating the demolition of existing blighted buildings, facilitating the construction of an approximately 7,216 square foot facility to operate a light maintenance facility for the Beaudry Oil existing fleet, providing necessary public infrastructure and facilitating future development in the TIF District. 3.01. The Council hereby ratifies and reaffirms the original findings made in connection with the establishment of the TIF Plan. 3.02. The Council hereby finds that the TIF District, as amended by the Modification is in the public interest and is a redevelopment district, as defined in Minnesota Statutes, Section 469.174, Subdivision 10 for the reasons set forth in the original findings made by the Council in connection with the establishment of the TIF District. 3.03. The Council hereby makes the following additional findings: (a) The Council further finds that the TIF Plan, as amended by the Modification, in the opinion of Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. The specific basis for such finding being: The property on which the proposed development will occur would not be developed in the reasonably foreseeable future. The demolition and redevelopment costs are higher than for new development and the costs of the public necessary to enable development in this area would make development infeasible. The TIF Plan, as amended by the Modification, will help finance the public infrastructure necessary for the proposed development. (b) The Council further finds that the TIF Plan, as amended by the Modification, conforms to the general plan for the development or redevelopment of the City as a whole. The specific basis for such finding being: The TIF Plan, as amended by the Modification, will generally complement and serve to implement policies adopted in the City’s comprehensive plan. The construction of the development contemplated 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. (c) The Council further finds that the TIF Plan, as amended by the Modification, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the Development District by private enterprise. The specific basis for such finding being: The development proposed to occur within the TIF District will afford maximum opportunity for the development of the applicable parcels consistent with the needs of the City and the removal of blighted buildings and public infrastructure improvements will increase the potential for future redevelopment. The development will increase the taxable market valuation of the City. The TIF Plan, as amended by the Modification, will help finance the infrastructure necessary for the proposed development. 3.04. The Council further finds that the TIF Plan, as amended by the Modification, is intended and in the judgment of the Council its effect will be to promote the public purposes and accomplish the objectives specified therein. 3.05. Reasons and facts supporting all the above findings are set forth in the TIF Plan, as amended by the Modification, and are incorporated herein by reference. Section 4. Approval of the Modification to the Tax Increment Financing Plan. 4.01 The Modification is hereby approved and adopted in substantially the form on file in City Hall. 4.02 The staff of the City is hereby directed to file a copy of the Modification with the County Auditor of Sherburne County. The staff of the City is also directed to file a copy of the Modification with the Minnesota Commissioner of Revenue, and the Office of the State Auditor as required by the TIF Act. Passed and adopted this 21 day of September 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk