RES 26-55CITY OF ELK RIVER, MINNESOTA
RESOLUTION NO.26-55
APPROVING PROPERTY TAX ABATEMENT IN THE CITY OF
ELK RIVER FOR CERTAIN PUBLIC IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Elk River, Sherburne County, Minnesota
(the "City") as follows:
Section 1. Recitals.
1.01. The City proposes to (i) undertake various public improvements, including but not limited to
construction of a new liquor store in the City (the "Project") with tax abatement bonds authorized by
Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Act") and (ii) authorize a property
tax abatement with respect to various parcels of land that benefit from such public improvements.
1.02. Pursuant to Section 469.1813, subdivision 1 of the Abatement Act, the City may grant an
abatement of all or a portion of the taxes imposed by the City on one or more parcels of property to pay for
all or part of the cost of financing or providing public infrastructure, increasing or preserving the tax base,
providing employment opportunities, including construction jobs, help acquire and construct public
facilities, and help provide access to services for residents of the City.
1.03. The City has identified 5 parcels located in the City, identified as follows:
75-00861-0105 75-00003-1200
75-00566-0210 75-00656-0105
75-00651-0105
(the "Abatement Property"), which will be benefitted by the Project and from which the City proposes to
abate all or a portion of the City's share of taxes to help finance the Project, subject to all the terms and
conditions of this resolution.
1.04. The Abatement Property is not located in a tax increment financing district.
1.05. The City is authorized under the Abatement Act and Minnesota Statutes, Chapter 475, as
amended (together, the "Act"), to issue one or more series of general obligation tax abatement bonds in the
aggregate principal amount not to exceed $7,690,000 (the "Abatement Bonds") to pay the costs of the Project
pursuant to the Abatement Act, and which are expected to be paid primarily through the collection of
Abatement (hereinafter defined) revenues.
1.06. On this same date, the City Council conducted a duly noticed public hearing on the
Abatement at which the views of all interested persons were heard.
Section 2. Fin_ dims.
2.01. The Council expects the benefits to the City of the Abatement to at least equal or exceed the
costs to the City thereof because:
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(a) The Abatement will help finance certain public improvements including without limitation a
portion of the cost of the Project.
(b) The Project will attract and retain visitors, residents and businesses by providing increased
facilities and services in the City which will generate increased City tax revenues that, over the long term,
will exceed the amount of the Abatement itself
2.02. Granting the Abatement is in the public interest because the Abatement will:
(a) Increase or preserve tax base, by helping to maintain and increase values in the City and
region, for the reasons described in clause 2.01.
(b) Finance or provide public infrastructure and public facilities and help provide construction
and permanent jobs in the City.
2.03. It is further specifically found and determined that, in addition to the benefits described in
clauses 2.01 and 2.02, the Abatement is expected to result in the following public benefits:
(a) The Project will contribute to the quality of life in the City and region by improving retail
options and services for residents, help finance public infrastructure in a way that will strengthen the local
economy by attracting and retaining citizens and businesses by providing improved services and retail
facilities, help provide construction jobs, help increase revenues at the liquor store which will help provide
other services to residents, protect the general health and welfare of the community by maintaining public
infrastructure and public facilities, and benefit the Abatement Property by providing improved amenities and
public facilities to those who live and work in the City.
(b) The Abatement Property consists of parcels in the City which are among the properties
which will benefit from the public improvements and the Abatement Property will not be located in a tax
increment financing district for the period of time that the Abatement is in effect.
Section 3. Actions Ratified, Abatement Approved.
3.01. The City Council hereby ratifies all actions of the City's staff and consultants in arranging
for approval of this resolution in accordance with the Abatement Act.
3.02. Subject to the provisions of the Abatement Act, the Abatement is hereby approved and
adopted subject to the following terms and conditions:
(a) The term "Abatement" means the City's share of the real property taxes generated
from the Abatement Property, in the amounts described in this Section:
(i) The aggregate Abatement paid by the City during the term of this resolution will not
exceed the amount necessary to pay the principal of and all or a portion of the interest on the
Abatement Bonds, up to a maximum of $7,690,000. The maximum principal amount of bonds to be
secured by the Abatement under this resolution will not exceed the estimated sum of the Abatement
from the Abatement Property for the term authorized under this resolution.
(ii) In accordance with Section 469.1813, subdivision 8 of the Act, in no year shall the
Abatement, together with all other abatements approved by the City under the Act and paid in that
year, exceed the greater of ten percent (10%) of the City's net tax capacity for that year or $200,000
(the "Abatement Volume Cap"). The City may grant any other abatements permitted under the Act
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after the date of this resolution, provided that to the extent the total abatements in any year exceed the
Abatement Volume Cap, the allocation of Abatement Volume Cap to such other abatements is
subordinate to the Abatements under this resolution.
(b) The Abatement shall be for up to a 20-year period and shall apply to the taxes payable
in the years 2027 through 2046, inclusive or such other dates that correspond to the payment of debt
service on the Abatement Bonds over a period not to exceed 20 years subject to a denial by
Sherburne County or Elk River Public School District #728 to participate in the Abatement. The
City will pay the Abatement solely to finance the cost of the Project, through application of
Abatement amounts toward debt service payments on the Abatement Bonds (including any bonds
issued to refund the initial Abatement Bonds).
(c) This resolution may be modified only with the prior written approval of the City,
and any modification is subject to Section 469.1813, subdivision 7 of the Abatement Act.
(d) In accordance with Section 469.1815 of the Abatement Act, the City will add to its
levy in each year during the term of the Abatement the total estimated amount of current year
Abatement granted under this resolution.
Approved this August 17, 2026 by the City Council of the City of Elk River, Minnesota.
CITY OF ELK RIVER,
MINNESOTA
Vike4Beyy4ercting Mayor
ATTEST:
2 Justin Dunfor , City Cle
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