09-29-2020 JFC MIN
Meeting of the Elk River Joint Finance Committee
Held at Elk River City Hall
Held in person
Tuesday, September 29, 2020
Members Present: Dan Tveite, Ryan Hardin, Nate Ovall (7:53 a.m. via phone), Charlie Blesener,
Chad Vitzthum (via phone), and Larry Toth
Members Absent: Rhonda Magnussen and Michelle Eder
Staff Present: Amanda Othoudt, Economic Development and Colleen Eddy, Economic
Development Specialist
Others Present: Mikaela Huot, Baker Tilly and applicant Patrick Briggs, Sun Rae Apartments,
LLC
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Joint Finance
Committee was called to order by Dan Tveite at 7:35 a.m.
2. Consider Agenda
Motion by Toth and seconded by Hardin to approve the September 29, 2020, Joint
Finance Committee agenda.
Motion carried 5-0.
3. Consent Agenda
Motion by Blesener and seconded by Toth to approve the September 16, 2020 Joint
Finance Committee meeting minutes. Motion carried 5-0.
4.1 Riverwalk Apartments Redevelopment TIF Application
Ms. Othoudt presented the staff report and policy. The group discussed the staff report and
application:
Mr. Toth asked if the job creation was going to be in Phase 2component; Applicant Briggs
stated that there would be two full time employees during Phase1 which would be shared
with the Jackson Hills Apartment Complex and that all jobs would be created once Phase II
is completed. Ms. Othoudt stated the job creation was not a requirement as this is a
Redevelopment project.
Mr. Toth asked who owns the land; Applicant Briggs stated that Sun Rae Apartment, LLC.
owns the land.
Ms. Huot presented the but for analysis. The group discussed the “but for” analysis.
Mr. Tveite asked if both phases are in the application and what happens if Phase II does not
happen? Does it cut the TIF in half? Ms. Huot analyzed both Phases.
Ms. Huot stated based on the number it would be in the best interest for the developer to try
to absorb the upfront costs throughout the entire development. The other scenario of
absorbing all land and site development costs it looks worse if it was only absorbed in Phase
1 and not over the entire development.
Ms. Othoudt indicated that the policy states the maximum term is 15 years. Mr. Briggs asked
the commission to explain #5 in the policy where it states “TIF District’s shall be limited to
the minimum term necessary to meet the project needs. Only projects exceeding the
objectives identified in this policy will be considered to exceed the following general
thresholds: Redevelopment District 15 years (Max is 26)”. Ms. Othoudt further explained the
reference to the 26 years, is the maximum term allowed under state statue for a
redevelopment district. The JFC must find that the project exceeds the objectives identified
in the policy to deviate from the 15 year maximum allowed.
Mr. Briggs stated his lender is stating that 26 years is needed to get the banks funding and
questioned if the interest rates go up in 2026 or costs go thru the roof, or there is a change,
and we can’t get this to pencil out, in this type of situation the developer would come back
and request a TIF amendment to allow more time to put together a list of investors so
complete the Phase II. So a TIF amendment would be another instrument in his toolbox in
order to complete the project. Mr. Briggs also stated that the policy would need to be
amended in order for the commission to accept the 26 years TIF request.
Mr. Hardin provided a clarifying statement, unless the city approves the 26 years the
applicant’s lender would not support the funding for the project.
Mr. Blesener asked about redevelopment vs. green field. Ms. Huot explained when she
referenced a green field site, what she was referring to is this being a redevelopment district
what they are looking in extra ordinary costs associated with this vs. if the developer
purchased a green field site the infrastructure would go vertical instead of paying for costs
associated with getting it ready to be a green field site.
Mr. Hardin asked if there were any environmental studies completed. Mr. Briggs stated that
there were contingencies in place and that the MPCA reviewed the Phase I and Phase II
Environmental studies. Ms. Othoudt stated that a Phase I or a Phase II report was not
provided to staff.
Mr. Toth asked about the number of units that the Maxfield Study reflected as a need and if
Phase II of the redevelopment project was completed that the number of units needed
would be achieved. Ms. Othoudt stated it would be roughly over 30 units.
Applicant Briggs projected Phase II would be completed in 2028 and not 2027 as the
application stated. Mr. Ovall needed clarification of the housing study if it segregates
affordable housing from apartments. Ms. Othoudt stated that there is a demand for 864 new
units thru 2025 – 20% of that is for senior housing and 80% is for general occupancy, 395
units of for sale housing, 172 market rate units and 93 affordable units to total the 864
needed units. ousing.
Mr. Vitzhum asked about the timing of the TIF as it relates to the Phases of the project. He
asked how does this work as far as property value goes; So Phase I is completed is there a
certain property value increase – is the TIF based on that property value increase and then
the TIF doesn’t increase until Phase II is complete….he asked if somebody could walk him
through this process…Ms. Huot explained this scenario; if Phase 1 of the project is
completed in 2021 assume completed by 2021 with taxes payable in 2023 we would realize
$170,000 of tax increment for 2023. If Phase 2 is completed in 2025 taxes payable 2027
$170,000 of increment totally $350,000 of increment 4 years later. Question is – what is 15
years….2036 which would be 15 years after Phase 1 is complete or is it 15 years from when
Phase II is complete or subject to policy – can’t go beyond 25 years of aggregate for this
district. This being a redevelopment project it is limited to enter into contract within five
year of when the district is certified. The contact would be between city and the developer.
Mr. Tveite further clarified that if Phase II was not developed, it would not be eligible for
TIF. Phase I would go towards 75% of revenues and Phase II go towards the remaining
25%.
Mr. Hardin asked about the applicant’s financials – they were sent to Baker Tilly not to the
city. Ms. Huot clarified its typical at this point that we would receive a letter of interest from
the lender with conditions of TIF and as this is in a preliminary stage we would look for
receiving more information like the loan to value , bank requirements and their coverage
requirements which would support the need for TIF. And the banks specific terms and debt
as they proceed on their path as well.
Mr. Tveite stated that an appraisal would be needed to determine land value.
Mr. Ovall asked if staff had a recommendation. Ms. Othoudt stated the policy states TIF will
not be used in circumstances where land and/or property price is in excess of fair market
value – so it is important for the city to receive an appraisal.
Mr. Vitzhum stated that he is not at a point to comfortably approve this redevelopment
project/application without further information. Hardin and Tveite agreed.
Motion was made by Toth and seconded by Vitzhum to table action until more
information can be obtained by the applicant which includes; an appraisal of the
property, further defined redevelopment costs, impact for spin off development and
an environmental study. Motion carried 6-0.
5.1 Announcements
6. Adjournment
There being no further business, Mr. Tveite adjourned the meeting at 8:50 a.m.
Minutes prepared by Colleen Eddy.
_____________________
Tina Allard
City Clerk
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Amanda Othoudt
Economic Development Director