Loading...
RES 26-30City of Elk ., River City of Elk River City Council Resolution 26-30 A Resolution of the City Council of the City of Elk River approving a modification of the development program for Municipal Development District No. I, the establishment of Tax Increment Financing District No. 30, and a Tax Increment Financing plan therefor BE IT RESOLVED By the City Council (the "City Council") of the City of Elk River, Minnesota (the "City") as follows: Section 1. Background. 1.01. The City has previously established Development District No. 1 (the "Development District') within the City and has approved a Development Program therefor (the "Development Program") in accordance with Minnesota Statutes, Sections 469.124 through 469.133, as amended (the "City Development District Act'). 1.02. The City has proposed to establish Tax Increment Financing District No. 30 (an economic development district) (the "TIF District'), within the Development District, and adopt a Tax Increment Financing Plan therefor (the "TIF Plan"), pursuant to the City Development District Act and Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the'TIF Act'). To that end, the City has caused to be prepared a Modification to the Development Program (the "Development Program Modification") for the Development District and the TIF Plan. Copies of the Development Program Modification and the TIF Plan are on file with the City. 1.03. The City and its consultants have performed all actions required by law to be performed prior to the adoption and approval of the Development Program Modification and the TIF Plan, including without limitation notification of the commissioner of Sherburne County, Minnesota (the "County") representing the area included in the TIF District, notification of the County Auditor of the County and Clerk of the Board of Education of Independent School District No. 728 (the "School District'). In addition, on the date hereof, the City Council conducted a public hearing, following notice thereof published in the City's official newspaper at least 10 but not more than 30 days prior to the date hereof. 1.04. The TIF Plan and certain information and material (collectively, the "Materials") relating to the TIF Plan and to the activities contemplated therein have heretofore been prepared and submitted to the Council and/or made a part of the City's files and proceedings on the TIF Plan. The Materials include the tax increment application, project financial information, project sources and uses and other information supplied by Crystal Distribution Inc., a Minnesota corporation or an entity affiliated therewith or related thereto (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 to the same extent as if set forth in full herein. 1.05. The TIF District is being established to facilitate the development and expansion by the Developer of certain property in the TIF District currently owned or to be acquired by the City (the "Property") including the construction and equipping thereon of an approximately 40,000 to 48,000 square foot expansion of the Developer's manufacturing facility (the "Project"). At least 85% of the Project will be used for manufacturing, warehousing, distribution, or research, with less than 15% of the Project available for office or other space not related to such functions. Section 2. Findings: Development District. 2.01. The boundaries of the Development District are not being expanded and the Development Program is not being modified other than to incorporate the establishment of the TIF District therein; therefore, the City Council reaffirms the findings and determinations originally made in connection with the establishment; the Development District and the adoption of the Development Program therefor. The purposes and development activities set forth in the proposed Development District Modification are hereby expanded to include all development and redevelopment activities occurring within the TIF District. 2.02. It is further specifically found and determined that (i) the land within the Development District would not be made available for redevelopment or development without the public intervention and financial assistance described in the Development Program Modification; (ii) the Development Program Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development and redevelopment of the Development Program by private enterprise; and (iii) the Development Program Modification conforms to the general plan for the development of the City as a whole and otherwise promotes certain public purposes and accomplish certain objectives as specified in the Development Program Modification and the TIF Plan. Section 3. Findings, TIF District. 3.01. The City Council hereby finds that the Project within the TIF District is in the public interest and the TIF District is an economic development district, as defined in Section 469.174, subdivision 12 of the TIF Act, because the Project will (i) discourag, the Developer from moving its operations out of the State, effectively discouraging commerce and industry from relocating out of the State; (ii) result in increased employment in the City and the State, including increased construction jobs; and (iii) result in capital investment in the City, which will preserve and enhance the City and the State's tax base. 3.02. The City Council hereby makes the following additional findings: (a) The City Council further finds that the proposed Project, in the opinion of the City 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 Developer has represented that it could not proceed with the Project without tax increment assistance to offset the high cost of the land acquisition, utility relocation and site improvements necessary to maximize the development potential of the TIF District. The Developer has further represented that the Project is necessary for the Developer to retain its current operations in the State, as well as to expand its business and increase jobs and the tax base in the City and the State. The Developer has provided supplemental financial information demonstrating that the development of this site would not occur without the assistance provided in the TIF Plan and has provided project cost detail and out of state alternative investment options as justification for the determination that the Project would not occur without tax increment financing assistance. No private entity has undertaken efforts for similar land development in this area of the City with an emphasis on job creation. The proposed expansion of a manufacturing facility meets the City's objectives for economic development. (b) The City Council further finds that the TIF Plan 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 conforms with the general development plan of the City and will generally complement and serve to implement policies adopted in the City's comprehensive plan. The construction of the Project contemplated on the Property is in accordance with the existing zoning or approved zoning variances for the property. (c) The City Council further finds that the TIF Plan 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 proposed Project will be used by the Developer to expand its manufacturing facility and will afford maximum opportunity for the development of the Property to serve the needs of the City. The project includes an expansion of an existing manufacturing facility that could be moved to another state. The expanded facility is expected to create and retain jobs in the City and State plus create new tax base for the City and the State. The development meets the City's community development goals in terms of land use, tax base growth and diversification and employment opportunities. The Project will maximize the potential of an underutilized site and will increase the taxable market valuation of the City and the State, will retain and increase jobs in the City and State, and add a high -quality development to the City. The City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. (d) For purposes of compliance with Section 469.175, subdivision 3(b)(2) of the TIF Act, the City Council hereby finds that the increased market value of the property to be developed within the TIF District that could reasonably be expected to occur without the use of tax increment financing is likely $0, which is less than the increase in market value estimated to result from the Project (approximately $3,375,000), after subtracting the present value of the projected tax increments for the maximum duration of the TIF District (approximately $654,926), which is approximately $2,720,074. Thus, the use of tax increment financing will be a positive net gain to the City, the School District, and the County, and the tax increment assistance does not exceed the benefit which will be derived therefrom. 3.03. The City elects to retain all of the captured tax capacity to finance the costs of the TIF District and the Development District. 3.04. The provisions of Sections 3.02 and 3.03 hereof are hereby incorporated by reference into and made a part of the TIF Plan. The findings of the TIF Plan are incorporated herein by reference and made a part hereof. 3.05. The City Council further finds that the TIF Plan is intended and in the judgment of the City Council its effect will be to promote the public purposes and accomplish the objectives specified therein. The TIF Plan will retain an existing business in the City, retain and increase employment, facilitate the expansion of an existing manufacturing facility and improve the tax base in the City and State. The City Council expressly finds that any private benefit to be received by a private developer is incidental, as the tax increment assistance is provided solely to make the Project financially feasible and thus produce the public benefits described. Therefore, the City Council finds that the public benefits of the TIF Plan exceed any private benefits. Section 4. Creation of the TIF District and Approval and Adoption of the TIF Plan. 4.01. The TIF District is hereby established and the TIF Plan, as presented to the City Council on this date, including without limitation the findings and statements of objectives contained therein, is hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. Approval of the TIF Plan does not constitute approval of any project or a development agreement with any developer. City staff and consultants are authorized and directed to proceed with implementation of the TIF Plan and to transmit the request for certification of the TIF District to the County Auditor in such form and content as the County Auditor may specify and to file a copy of the TIF Plan with the Minnesota Commissioner of Revenue and the Office of the State Auditor as required by the TIF Act. The County Auditor is requested to certify the original net tax capacity of the TIF District as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the TIF Act. 4.02. City staff, advisors, and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan and to negotiate, draft, prepare, and present to the City Council for its consideration all further plans, resolutions, documents, and contracts necessary for this purpose. Passed and adopted this 20 day of April 2026. Wni.tz, yor ATTEST: -�k- - Jolene Richter, Deputy Clerk