86-041 RES
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THE CITY COUNCIL
FOR THE
CITY OF ELK RIVER, MINNESOTA
RESOLUTION NO. 86-41
A RESOLUTION APPROVING THE TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO.3, ESTABLISHING TAX
INCREMENT FINANCING DISTRICT NO.3, AND DIRECTING CITY STAFF TO
IMPLEMENT TAX INCREMENT FINANCING DISTRICT NO.3.
The City Council for the City of Elk River (the City)
acting pursuant to its authority under the Minnesota Tax
Increment Financing Act (Minnesota Statutes, sections 273.71-
273.77) hereby finds, determines, and resolves as follows:
FINDINGS
1. That Development District No.1 was designated as a
municipal development district pursuant to Minnesota Statutes,
Chapter 472A and that the Development Program for Development
District No. 1 was approved by resolution of the City Council
for the City of Elk River dated April 1, 1985, and amended by
resolution of the City Council of the City of Elk River dated
January 27, 1986.
2. That the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 was approved and that Tax
Increment Financing District No. 1 was established pursuant to
Minnesota Statutes, Sections 273.71-273.78 by resolution of the
City Council of the City of Elk River dated April 1, 1985, and
amended by resolution of the City Council of the City of Elk
River dated January 27, 1986.
3. That Development District No. 1 and Tax Increment
Financing District No. 1 have been implemented, Tax Increment
Financing Bonds have been sold and construction of required
water service facilities has begun, all pursuant to the
Development Program for Development District No.1, as amended,
the Tax Increment Financing Plan for Tax Increment Financing
District No.1, as amended, and relevant Minnesota statutes.
4. That the Development Program and the Tax Increment
Financing Plan for Tax Increment Financing District No. 1
anticipate and provide for the adoption of additional Tax
Increment Financing Plans and establishment of additional Tax
Increment Financing Districts to assist in the financing of the
required water service facilities as new development attracted
by construction of the required water facilities occurs.
5. That reimplementation of Development District No. 1
and Tax Increment Financing District No. 1 and construction of
the required water service facilities has attracted new
commercial and industrial development to the Development
District.
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6. That there is a demand within the City for further
business and industrial development.
7. That additional business and industrial development
in many areas of the city designated for business and
industrial use is not possible absent the installation of
certain public improvements in addition to the water service
facilities.
8. That the high cost of constructing the required
additional public improvements and facilities cannot be met,
and additional business and industrial development is therefore
not possible, without public intervention.
9. That it is therefore necessary, desirable, and in the
public interest to designate, establish, develop, and
administer an additional economic development Tax Increment
Financing District in the City pursuant to the Minnesota Tax
Increment Financing Act.
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10. That the purpose of the Tax Increment Financing
District will be to assist in the financing of the water
service improvements and facilities constructed in the
Development District and to provide a means for financing
additional public improvements if the City is to attract
additional business and industrial development and increase
employment opportunities in those areas of the City designated
for these uses.
11. That a proposed Tax Increment Financing Plan (TIF
Plan) has been prepared by City staff and consultants which
proposes designating a portion of the Elk River Plaza PUD as an
economic development Tax Increment Financing District to be
known as Tax Increment Financing District No. 3 (TIF District
No.3).
12. That TIF District No.3 is an economic development
Tax Increment District pursuant to Minnesota Statutes, Section
273.73, subdivision 12.
(a) TIF District No.3 is located wholly within the City's
Development District No.1.
(b) Development District No. 1 has been duly created and
the Development Program for Development District No. 1
duly adopted by the City Council pursuant to the
provisions of Minnesota Statutes, Chapter 472A.
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(c) The creation of Development District No. 1 and TIF
District No. 3 is in the public interest because:
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(i) It will discourage commerce, industry,
and manufacturing from moving their
operations to another state;
(ii) It will result in increased employment in
the City;
(iii) It will result in preservation and
enhancement of the tax base of the City.
13. That the proposed development within TIF District
No. 3 and further development of certain areas within
Development District No.1, in the opinion of the City Council,
would not reasonably be expected to occur solely through
private investment within the reasonably foreseeable future and
therefore the use of tax increment financing is necessary.
14. That creation of TIF District No.3 and capture of
the tax increment generated by development in the district is
the only available means of financing the water system
improvements and facilities and the other public improvements
necessary to allow business and industrial development to occur
within certain areas of Development District No.1.
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15. That the TIF Plan for TIF District No. 3 is
consistent with and conforms to the comprehensive plan for the
development of the City as a whole and to the City's adopted
land use plan.
16. That the Planning Commission for the City of Elk
River has been consulted with respect to the TIF Plan and that
the TIF Plan conforms to the City's comprehensive and land use
plans. That the TIF Plan does not conflict with any other
known private proposals or other public projects.
17. That the TIF Plan will afford maximum opportunity,
consistent with the sound needs of the city as a whole, for
development by private enterprise.
18. That the TIF Plan adequately and accurately sets
forth the goals, objectives, and other details regarding TIF
District No.3.
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19. That the TIF Plan has been transmitted by the City to
the Sherburne County Board of Commissioners and to the School
Board for Independent School District No. 728.
20. That the City has presented to the County Board and
the School Board the City's estimate of the fiscal and economic
implications of TIF District No. 3 and has offered to meet with
the Sherburne County Board of Commissioners and the School
Board.
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21. That notice of a public hearing on the TIF Plan and
on establishment of TIF District No. 3 has been published in
the official newspaper of the City, as required by Minnesota
Statutes, Section 273.74, subdivision 3.
22. That a public hearing on the TIF Plan and on
establishment of TIF District No. 3 was held before the City
Council on July 21, 1986, and that an opportunity to be heard
was granted at that time to all residents of th~ City and all
other interested persons.
RESOLVED
A. That the City Council of the City of Elk River hereby
adopts each and everyone of the findings set forth above.
B. That the City Council of the City of Elk River hereby
approves and adopts the Tax Increment Financing Plan for Tax
Increment Financing District No.3.
C. That the City Council of the City of Elk River hereby
establishes that area of the City designated in the TIF Plan
for TIF District No. 3 as TIF District No.3.
D. That the City Council of the City of Elk River hereby
directs its staff and consultants to proceed to take the steps
necessary to implement TIF District No.3, including the filing
of the TIF Plan and this Resolution with the Minnesota
Commissioner of "Energy, Planning, and Development and the
Sherburne County Auditor, and requesting the Sherburne County
Auditor to certify the original assessed value of the property
within TIF District No.3.
PKB:AJO
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The foregoing resolution was introduced by Councilmember
Gllnkp-l and duly seconded by Councilmember
Engstrom
The following voted in favor of the resolution:
Councilmembers Gunkel, Engstrom, Williams, and Schuldt
The following voted against:
None
The following were absent:
None
Whereupon the resolution was adopted July 21, 1986.
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R~chard Hinkle, Mayor
ATTEST:
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Patrick Klaers, City Administrator