RES 22-03of
��-► City of Elk River
.ver City Council
Resolution 22-3
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 Tax Increment Financing (Housing) District No. 28 (Jackson
Hills Apartments Phase II housing project) therein and adopting a Tax
Increment Financing 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 the4efor. 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. 28 Qackson Hills
Apartments Phase II Housing Project) (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;
WHEREAS, the City has investigated the facts relating to the Program and Plan and has
caused the Program and Plan to be prepared;
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;
WHEREAS, certain written Materials, materials and information (the "Materials") 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 Materials include data,
information, an application, project sources and uses, a pro forma, and other information
supplied by The Briggs Company (or an affiliate thereof, the "Developer"), as to the
activities contemplated therein, and information constituting or relating to (1) why the
assistance satisfies the so-called "but for" test and (2) the bases for the other findings and
determinations made in this resolution. The Council hereby confirms, ratifies, and adopts
the Materials, which are hereby incorporated into and made as fully a part of this resolution
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to the same extent as if set forth in full herein.. The Council hereby confirms, ratifies and
adopts the Materials, 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 therefor to incorporate the TIF District.
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. 28.
2.01. The Council hereby finds that Tax Increment Financing District (Housing)
No. 28 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. The provisions of Exhibit A are
hereby incorporated by reference into and made a part of the TIF Plan and the findings set
forth in the TIF Plan, in particular Section J, are hereby incorporated by reference into and
made a part of this Resolution
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
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already built up, to provide a range of housing opportunities in the City, 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 Plan.
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 tasK 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 3rd day of January 2022.
ATTEST -
Tina Allard, City Clerk
Wie&,'Vayor
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EXHIBIT A
The reasons and facts supporting the findings for the adoption of the Tax Increment
Financing Plan for Tax Increment Financing District (Housing) No. 28, as required pursuant
to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows:
1. Finding that Tax Increment Financing (Housing) District No. 28 is a housing district
as defined in M.S., Section 469.174, Subd. 11.
TIF District (Housing) No. 28 consists of one parcel. The development will consist of
approximately 44 units of low- and moderate -income rental housing in the City. All or a
portion of which will receive tax increment assistance and will meet income restrictions
described in M.S. 469.1761. At least 20% (9 units) of the units/homes receiving assistance
will have incomes at or below 50% of county median income. Section E of the TIF Plan
contains background for the above finding.
2. Finding that the proposed development, in the opinion of the City Council, would
not reasonably be expected to occur solely through private investment within the reasonably
foreseeable future.
The proposed development is expected to consist of approximately 44 newly constructed
housing units. 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 costs of constructing the new project, in addition
to the significant soils corrections and site improvement costs will result in debt service
coverage and returns that are not sufficient to support development, thereby making this
housing development infeasible without public assistance. Therefore, the developer has
indicated in communications with the City and submitted financial data that the
development as proposed would not move forward without tax increment assistance.
3. Finding that the TIF Plan for Tax Increment Financing (Housing) District No. 28
conforms to the general plan for the development or redevelopment of the municipality as a
whole.
The reasons and facts supporting this finding are that the Planning Commission of the City
has found this 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. Finding that the TIF Plan for Tax Increment Financing (Housing) District No. 28
will afford maximum opportunity, consistent with the sound needs of the City as a whole,
for the development or redevelopment of Development District No. 1 by private enterprise.
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Through the implementation of this TIF Plan, the City will provide an impetus for the
construction of an apartment project, of which all or a portion of the units will be affordable
for occupants at or less than 50% or 60% median income. The project will complement 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.
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