5.16. SR 06-19-1995AGENDA ITEM NO. 5-16
MEMORANDUM
ver TO: Mayor & City Council
FROM: William Rubin, ED Coordinatoll( ~~
DATE: June 19, 1995 ~ V
SUBJECT: Public Hearing on Tax Increment
Financing Plan for Tax Increment
Financing District No. 12
(Mowry/Neos, Inc., Expansion Project)
Introduction
At its May 8 meeting, the Elk River City Council authorized a public hearing
for June 19, 1995, to consider a Tax Increment Financing Plan for Tax
Increment District No. 12.
Backsround
An EDA agenda memo for its June 12 TIF public hearing is attached to this
• memo. It addresses the salient points of the Mowry/Neon TIF request.
However, during the course of the EDA public hearing, the following two
points emerged as issues and are outlined below:
A. Local Government Aid -Homestead and Agricultural Aids
(LGA/HACA)
By virtue of legislative restrictions approved in 1990, cities are subject
to LGA and HACA reductions based on the retained captured value of
Tax Increment Districts established after Apri130, 1990. The LGA
and HACA reductions are based on the retained captured values
reported by County Auditors to the Department of Revenue. The
amount of the penalty is tied to the State School Aid formula. That is,
the State calculates how much less the school aids would have been
had the captured property value been available to the School District.
That amount is deducted from the city's LGA, and if necessary, from
HACA.
The LGA/HACA loss varies, but is usually about 30 percent of the tax
increment collected annually when the maximum penalty applies. The
amount of aid loss depends on the type of TIF District. For example,
•
13065 Orono Pazkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425
with a Redevelopment and Housing TIF District, the aid loss is phased
in over time. For the first six years after the original assessment year
of the District, there is no aid loss. Beginning in year seven, the loss is
only 6.25 percent of the maximum possible loss. Each year thereafter,
the loss increases in 6.25 percent increments, until the full penalty
applies in year twenty-one. Economic Development TIF Districts
generate LGA/HACA reductions in their first increment year. Their
entire retained captured value is used in determining aid reductions.
In the June 12 EDA memo, an illustration was utilized to help
estimate the LGA/HACA reduction associated with the Mowry/Neos
TIF request. In this illustration, the project's total net tax capacity
estimated at $15,650 was used instead of the project's retained
captured value. To estimate the retained captured value of the
Mowry/Neos project, the following calculation is required:
Total net tax capacity of a $375,000 project
(land and building value) $15,650
Less original net tax capacity
(Lots 6 and 7) $ 2.300
Retained captured value $13,350
• Retained captured value of $13,350 times 1995 tax capacity rate of
1.04247 equals $13,917 times 35 percent equals an estimated
LGA/HACA loss of approximately $4,871 per year.
It is estimated that the Mowry/Neos TIF District would generate tax
increment payments for a period of six years (from 1997 through 2002,
inclusive) in order to repay a TIF grant of $80,000. Therefore, total
LGA/HACA losses are estimated as follows:
$4,871 per year times six years equals $29,226.
Additional information on LGA/HACA reductions can be found in
various attachments from Publicorp, Inc., and the law firm of Briggs
and Morgan.
A recent legislative change enables cities/EDA's to opt out of the
LGA/HACA reduction by making a "qualifying local contribution" of 10
percent of the Tax Increment Financing assistance requested. It is
understood that the contribution must come from unrestricted monies
of the tax increment authority or municipality (or other local
• jurisdictions). The cap on the total of these contributions is 2 percent
of the city's net tax capacity. Considering this option, the following
calculation is offered as it relates to the Mowry/Neos TIF request:
• $80,000 TIF grant times 10 percent equals $8,000 "local
contribution:'
According to some legislative followers, the alternative to opt out of the
LGA/HACA reduction is the best news in years. Additional
information on the specifics of the "qualifying local contribution" can
be found on Page 2 of a May 24 memo from Jim O'Meara of Briggs and
Morgan.
Options to fund the qualifying local contribution may include city
funds, EDA funds, or other sources. The basic restriction is that the
contribution must come from unrestricted monies.
B. Maximum TIF Grant
The second issue discussed at the EDA public hearing for the
Mowry/Neos TIF request was that of a cap on TIF assistance.
Initially, Mowry/Neos discussed a $60,000 TIF grant to cover the
acquisition price of Lots 6 and 7, Block 1, McChesney Industrial Park.
In its TIF application to the EDA, an $80,000 grant was requested -
the additional $20,000 being attributable to site preparation and site
development costs. The initial building proposed by Mowry/Neos was
that of a 16,000 square foot facility with a land and building value of
$585,000. The percentage of TIF grant to finished market value was
calculated 13.67 percent (i.e., $80,000 TIF grant divided by fmished
market value of $585,000).
At the June 12 EDA hearing, the proposed building was reduced to
12,000 square feet with a finished market value (land and building)
estimated at $375,000. The percentage of the $80,000 TIF grant
attributable to the finished market value is estimated at 21.33 percent
($80,000 TIF grant divided by fmished market value of $375,000).
EDA Commissioners noted that while the project's finished market
value was reduced significantly, the TIF assistance remained the same
- due in part to those costs (i.e., land acquisition and site development)
remaining fixed. EDA Commissioners suggested at the June 12 public
hearing and at the following workshop, that the city and EDA explore
the merits of a maximum TIF grant on a project by project basis.
Please be advised that the existing TIF policy for Elk River addresses
• that issue. Section V of the TIF policy guidelines indicates that
"except for redevelopment projects which may require more assistance
than other projects, the average tax increment subsidy shall not exceed
15 percent of the project's finished market value:' Section V of the TIF
policy guidelines can be found with the Mowry/Neos supporting
information.
Utilizing the 15 percent maximum grant, the following illustrations
are offered:
Finished Market Value
$375,000
$400,000
$425,000
$450,000
•
Maximum TIF Grant
$56,250
$60,000
$63,750
$67,500
Precise information on the finished market value of the Mowry/Neos
project is not known at this writing. With past TIF projects, the
Contract for Private Development includes an Assessment Agreement
executed by the EDA, County Assessor, and expanding company. This
Agreement establishes the project's finished market value from which
taxes are generated. The County Assessor's office establishes the
finished market value following a review of plans and specifications.
Until that number is derived, the Mowry/Neos project has been
estimated at $375,000.
If, for example, a $60,000 TIF grant is approved, the repayment period
would require tax increment payments for five years (from 1997
through 2001, inclusive). This information is more thoroughly outlined
in a separately attached Exhibit D marked "revised" in the upper right
hand corner. Please note in the column marked "2001" that the
city/EDA collects a "cumulative captured tax increment" of
approximately $67,462 and the $60,000 TIF grant is therefore repaid.
This enables TIF District No. 12 to be decertified by December 31,
2001, and taxes generated in 2002 will be collected by the local taxing
jurisdictions.
If, say, a $60,000 TIF grant is approved, the LGA/HACA reductions
are also revised, as follows:
Estimated LGA/HACA reduction of approximately $4,871 per
year times five years equals $24,355.
•
Lastly, a 10 percent "qualifying local contribution" can be estimated as
follows:
$60,000 TIF grant times 10 percent equals $6,000 "local
• contribution".
Pav-as-vou-eo TIF District
It is proposed that TIF District No. 12 be structured as apay-as-you-go
District. Rather than the city/EDA borrowing funds for an $80,000 TIF grant
or a $60,000 TIF grant, Mowry/Neos would incur the acquisition costs and
site development costs up front. As the new facility begins generating taxes,
the city rebates the new property taxes (otherwise known as the tax
increment) back to Mowry/Neos twice ayear - in July and in December. No
bonds are required, the life of the TIF District is reduced, the developer
company absorbs the development costs up front, yet the city/EDA is able to
retain an existing company and participate in its expansion project. At least
one TIF District in Elk River, the Jarmoluk Dental Center TIF District, was
structured as apay-as-you-go TIF District.
Action Reauested
After conducting the public hearing on the TIF Plan for TIF District No. 12,
the City Council is asked to adopt the attached resolution. Approval of the
TIF Plan is subject to the execution of a Contract for Private Development,
• an Assessment Agreement, and a Tax Increment Revenue Note (typically
used in pay-as-you-go Districts; the Note indebts the city to Mowry/Neos).
Approval of the TIF Plan is also subject to the 15 percent maximum TIF
grant consistent with the TIF policy guidelines.
e
ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY
0
~~
Introduction
MEMORANDUM
TO: Economic Development Authority
FROM: William Rubin, Executive Directo~I~
DATE: June 12, 1995
SUBJECT: EDA Public.Hearing on Tax Increment.
Financing Plan for Tag Increment
Financing District No. 12
(MowrylNeos, Inc. Expansion Project)
At its May 8 meeting, the Elk River EDA authorized a public hearing for
June 12, 1995, to consider a Tax Increment Financing Plan for Tax
Increment Financing District No. 12.
Backeround
The Repuest for Assistance/Revision to Proiect Size
The request for tax increment financing assistance comes from Mr. Jack T.
Mowry/ Neos, Inc., 12797 Meadowvale Read. Mr. Mowry is president of
Neos, Inc. He is also the owner of Metal Craft Machine and Engineering,
12797 Meadowvale Road. Neos designs and builds machinery -specializing
in packaging machinery. Newly expanded space would enable Neos to grow;
its vacated space within the Metal Craft building would also allow that
company to meet its demands for continued growth.
Initially, the Mowry/Neos expansion called for the construction of a 16,000
square foot office and manufacturing facility to be located on Lots 6 and 7,
Block 1, McChesney Industrial Park. The Tax Increment Financing Plan for
Tax Increment Financing District No. 12 reflects a 16,000 square foot facility
and its respective valuation of approximately $585,000. At this writing, Mr.
Mowry is now proposing the construction of a 12,000 square foot facility with
a finished valuation between $300,000 and $325,000 (excluding land value).
In the interest of time, these revisions are not reflected in the draft Tax
Increment Financing Plan. Instead, a revised Exhibit D reflects a lower
finished market valuation. The lower valuation requires the City/EDA to .
•
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330-1743 • (612) 441-7420 • Fax: (612) 441.-7425
Equal Opportunity Housing and Equal Opportunity Employment
EDA Public Hearing on TIF No. 12
Page 2
collect two additional years of increments in order to pay down the project
debt.
• Other components of the original facility remain intact. This includes a
profit business incubator with shared clerical service, copiers, faxes, and
conference room, etc. In addition, other space within the facility will be
leased to other manufacturing operations. The facility will be constructed of
block, similar to the Fairview Northland clinic, or of tilt-up panels. The
sidewalls will be high enough to allow for a mezzanine level.
Mowry/Neos seeks $80,000 in tax increment financing assistance to support
its proposed facility. Tax increment funds would be used to "write down" the
cost of the land, and for general site development and site preparation costs
associated with this project.. At the May 8 EDA meeting, the proposed TIF
assistance concept was for the EDA to acquire the property on behalf of
Mowry/Neos. This concept requires the HRA to borrow these funds and to
repay principal and interest. The cost of borrowed funds and interest charges
results in extending the life of the TIF District. An alternative fmancing
technique that has been discussed with Mr. Mowry is that of "pay-as-you-go"
TIF assistance. Under this option, Mowry/Neos absorbs the cost of site
acquisition and site preparation. However, as the new facility begins
generating taxes, the city rebates the new property taxes (otherwise known
as the tax increment) back to Mowry/Neos twice ayear - in July and in
December. This option has several advantages; the EDA is not forced to
• borrow funds, the life of the TIF District is much shorter -not having to incur
interest charges, and while the expanding company absorbs these extra
carrying costs, the city/EDA is still able to participate in the retention of
existing companies as well as the attraction of new ones. The Jarmoluk
Dental Center was structured as a "pay-as-you-go" TIF District.
Jobs Created and Retained
According to the application for tax increment financing assistance, Neos
would retain five existing jobs and create six new ones. Prospective tenants
would likely retain another eleven existing jobs and create ten new ones.
Recently adopted state legislation dubbed the "corporate welfare/living wage
bill" requires that businesses which receive assistance, including tax
increment financing assistance, in excess of $25,000 must create a net
increase in jobs in Minnesota within two years of receiving the assistance.
Job creation goals must be reported to the Department of Trade and
Economic Development (DYED). If these goals. are not met, the business
must repay the assistance. The Mowry/Neos tax increment financing
assistance. would fall within the provisions of this legislation.:
EDA Public Hearing on TIF No. 12
Page 3
Twe of TIF District/Conseauences
• In order to honor the request for tax increment financing assistance, the EDA
would create an "Economic Development TIF District." These districts are
designed to last a short period of time - a maximum of eleven years during
which time property taxes (otherwise known as tax increments) can be
collected for a period of nine years. In accordance with 19901egislation, a
consequence of creating a new TIF District is that of a local government aid
(LGA) loss. The rule-of--thumb calculation used to estimate the LGA loss is
thirty-five percent of the gross taxes generated within a respective TIF
District. The calculation for the Mowry/Neos TIF District is estimated as
follows:
Tax Capacity of $15,650 times 1995 tax capacity rate of 1.04247 equals
$16,315 times 35% equals a local government aid loss of approximately
$5,710 per year.
It is estimated that the Mowry/Neos TIF District would generate tax
increment payments for a period of six years (from 1997 through 2002,
inclusive) in order to repay the $80,000 TIF grant. Therefore, total local
government aid losses are estimated as follows:
$5,710 per year times six years equals $34,260
Workshou Revisited
At an EDA workshop in January, EDA Commissioners and City
Councilmembers participating in the workshop considered the consequences
of the local government aid losses. as well as the long term benefits of
creating new TIF Districts for manufacturing uses. It was agreed that future
requests for tax increment financing assistance would be evaluated on a case
by case basis. Criteria for establishing new districts included the type of
user, jobs created or retained, the finished product, and the need to retain
existing businesses.
Alternative to State Aid Losses
Another recent legislative change related to tax increment financing
assistance enables cities/eda's to opt out of the local government aid penalty
by making a "qualifying local contribution" of 10 percent of the tax increment
financing assistance .requested. The contribution must come from
unrestricted monies of the tax increment authority or municipality (or other
local jurisdictions). The cap on the total of these contributions is 2 percent of
a city's net tax capacity. Considering this option, the following calculation is
offered:
•
EDA Public Hearing on TIF No. 12
Page 4
$80,000 TIF Grant times 10 percent equals $8,000 "local contribution"
• According to some legislative experts, the alternative to opt out of the local
government aid penalty is the best news in years. While the exact
information is unknown at this writing, additional details for this option are
being explored at staff level.
TIF Review and Notices
Since the May 8 meeting, the writer of this memo has completed the review
exercises necessary to honor the Mowry/Neos request for tax increment
financing assistance. Components of the exercise include the distribution of
TIF Plans to the School District and County Board, presentation to the
County Board, Planning Commission review of the Tax Increment Financing
Plan, and TIF hearing notices published in the Star News.
Lastly, the City Council will conduct its public hearing on the TIF request on
June 19, 1995.
Action Requested
After conducting the public hearing on the TIF Plan for TIF District No. 12,
the EDA is asked to adopt the attached Resolution.
•
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12797 Meadowvale Road, Swte B • Elk River, MN 55330
(612) 441-0705 • 1-800-848-4912 ext. 2958
THE DAWN IN A NEW ERA IN PACKAGING
I am sending along this information on our fillers for two reasons.
1. INCREASE YOUR PROFIT MARGIN
2. REDUCE YOUR PRODUCTION COST IN TIME AND PEOPLE.
•
The reason we are The Best Kept secret in The Filling Industry is even though you
may have seen our fillers you may not have known they were ours. In the previous years all
the production of our plant went to one customer, Cardinal Packaging. More recently some of
our customers have been, Schwan's, Broughton Foods, Purity Dairies Inc., Galliker Dairy
Co., Taylor Milk Co..
Our fillers vary in size and configuration with inline and rotarys from 4oz to 3 gallon. Our
most popular is the 4, 5, and 6qt, with the 1/2 gallon change over Kit. With this change over kit,
it allows a filler to run four different containers with change over time of 10 minutes, with
speeds of up to 60 units per minute. We have a video showing our machines in operation
and would be glad to send it at your request. The standard lead time on our equipment is 8
weeks, but we do have some machines in stock.
We here at Neos feel we have not only the best buy, but the best value for the
dollar!
Sincerely,
~~
Terry Farrington
National Sales Manager
Neos Inc.
•
NEOS• INC.
12797 Meadowvale Road, Suite B • Elk River, MN 55330
(612) 441-0705 • 1-800-848-4912 ex[. 2958
NEW MACHINES
We have several new machines they are Modular, Auto-rotary VL-1000, Hand rotary HR-
100Q Air Rotary Air-1000, Three Gallon Automatic Filler VL-3000, Multi-Propose MP-
1000. All these machines are designed to do both paper and plastic.
NEW FEATURES
We now have HALF GALLON CHANGE OVER HITS for our Model VL 1000 and
VL 2000. These kits are available now with several units already in the field. Kits can be
custom fit to desired containers.
An important improvement made possible by the Half Gallon upgrade process, was the
• capability to increase our speeds to 30 containers per minute on the VL 2000, and 60 containers
per minute on the VL 1000. This is possible due to an upgraded ELECTRO CAM
PROGRAMMABLE LIMIT SWITCH with SPEED COMPENSATION built in. This
means that the machine automatically adjusts its electrical timing to compensate for increases or
decreases in its mechanical speed. We also have repeatability on our fill time to f.003 second
SPECIAL CUSTOM DESIGNS
Many special design machines are also in the works or in customer plants; Burrito Assembly
Conveyors, Salsa Fillers, Free Standing Pail Feeders, Lidding Conveyors, special assembly
equipment for CRAY RESEARCH, and many others. If you have a special design need, give us
a call, we can help solve your problems.
•
NE4S • INC. 12797 Meadowvale Road, Suite B • Elk River, MN 55330
(612) 441-07D5 • 1-800-848.4912 ext. 2958
SATISFIED CUSTOMER LIST
PLEASE FEEL FREE TO CALL THESE PEOPLE
GALLIKER DAIRY CRAY RESEARCH,INC.
AI Slingluff DOUG WAYNES
143 Donald Lane 925 First Avenue
Johnstown,PA. 15907-0159 Chippewa FaIIs,WI. 54729-1402
814-266-8702 715-726-4745
Midstates Dairy LACANASTA FOODS
Charlie Rios KENNY SCHMITZ
6040 Norh Lindberg Blvd. 2570 Kasota Avenue
• Hazelwood MO. 63402
314-731-1150 St.PauI,MN. 55108
612-646-1888
SCHWAN'S CANADA LTD. VENTURE PACKAGING,INC.
CHRIS GUILAS JOHN RATHBUN
P.O. Box 2019 311 West Monroe Street
Neepawa ,PM. ROJ1H0 Monroeville, OH. 44874
204-476-3437 419-465-2534
PURITY DAIRIES INC. CASS CLAY CREAMERIES
EDWIN ZIMMERLE AL NIELSEN
360 Murfreesboro Road P.O. Box 2947
Nashville, TN 37210 Fargo ND. 58108
615-244-1900 701-232-1566
DUTCH GIRL ICE CREAM TAYLOR MILK
JOHN CETTEL RICH SCHMITT
885 Grant Street 348 Merchant Street
Eugene OR. 97402 Ambridge, PA 15003
503 345 1541 800 283 8620 ext 138
e
NEOS•INC.
•
THE DAWN OF A NEW ERA IN PACKAGING
~ THE BEST KEPT SECRET IN THE FILLING INDUSTRY •
• SINGLE LINE FILLERS FOR
CONVENIENCE AND FOR
SHORTER RUNS
e MODEL NO. VLI000
• Changes from 4-quart
containers to 5-quart
or 6-quart in minutes
Capable of up to 30
containers per
minute
• Machines also
available for smaller
containers
• Easily programmed
computerized timing
• Safety is designed into
all products
• Current-sensitive relay
stops machine if
container jams
• Container spinners
• Rate meters reading in
containers per minute
• 2 counters
1 resettable for
operator
i nonresettable for
maintenance
All FDA approved
materials
• ALL MACHINES
DESIGNED TO BE
EASILY CLEANED
AND MAINTAINED
• LIST OF SATISFIED
CUSTOMERS UPON
REQUEST
• DUAL LINE FILLERS FOR
CONTINUOUS FLOW AND
FOR HIGHER OUTPUTS • Dual line alternating fill
• virtually eliminates
MODEL NO. VL2000 back pressure
• Up to 40 containers
per minute
• All machines can be
fitted with fill valves for
viscous products such
as ice cream or yogurt.
By-pass valves
included.
• Machines can also be
combined with different
fill heads such as
piston fillers, dry
feeders, scales, screw
feeders, or we can
design special fill
heads for your product.
• Left or right hand
operation
• Heavy duty casters
and leveling feet
• Optional date coding
• Table top pail feeders
• Table top lidders
• Special designs
• MACHINE SPECIFICATIONS
• MODEL VLI000 VL2000
Maximum Speed 40 30
Recommended Speed 12-40 7-22
Continuous Product Flow Yes No
Optional Volumetric Flow Meter Yes No
Rate Meter/Containers Per Minute Yes Yes
Automatic By-pass Valves Yes Yes
# Container Spinners 2 1
Low Air Safety Switch Yes Yes
# Stop Switches 3 2
Current-Sensitive Relay Yes Yes
Computerized Programmable Timing Yes Yes
Resettable Counter in Control Station Yes Yes
Nonresettable Counter in Main Panel Yes Yes
Drip Shields Available Yes Yes
Valve Inlet Size Product in 3" Tri-clover 3"
. By-pass Valve Outlet Size 3" 3"
Inlet Revel 1.5" 1.5"
Length 72" 72"
Width 27" 27"
Height 80" 80"
115 Volts A.C., 6 Amps Yes Yes
CFM Air Consumption 15 10
Capacity of Magazines
Pail 100+ 50+
Lids 128 64
NEOS ~ INC.
iz797 MEADOWVALE ROAD, SUITE B • ELK RIVER, MN 55330 • (biz) 4yi-o7o5
DRAFT
TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO. 12
CITY OF ELK RIVER, MINNESOTA
JUNE 19, 1995
•
TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO. 12
e SUMMARY
Neos, Inc., 12797 Meadowvale Road, Suite B, Elk River, Minnesota seeks
$80,000 in Tax Increment Financing assistance to support its proposed
construction of a 12,000 square foot facility in the McChesney Industrial
Park. Neos designs and builds machinery -specializing in packaging
machinery. It currently occupies leased space at 12797 Meadowvale Road,
Elk River, Minnesota, and currently employs five persons at this facility. As
a result of the expansion, approximately six new full-time jobs will be created
by Neos, Inc. In addition, the business incubator component of this facility is
expected to create ten full-time jobs and retain another eleven positions.
The Economic Development Authority for the City of Elk River, Minnesota is
proposing the creation of an Economic Development District pursuant to the
Tax Increment Financing Act. Tax increment funds will be used to "write-
down" the acquisition price of the development site. Additional tax
increment funds will be used for site preparation and site development costs.
The site, Lots 6 and 7, Block 1, McChesney Industrial Park, is currently
owned by Jerry and Joanne McChesney. The Economic Development
Authority for the City of Elk River proposes to reimburse Neos for its expense
e associated with the acquisition of Lots 6 and 7under apay-as-you-go Tax
Increment Financing District.
The 12,000 square foot facility will have a finished market value estimated at
$375,000 which produces property taxes of approximately $13,900 per year.
These funds will be "captured" by the Economic Development Authority so
that the City of Elk River can recover the $80,000 in tax increment
assistance. After these funds have been repaid, Tax Increment Financing
District No. 12 will be decertified, thereby enabling all local taxing
jurisdictions (county, school, city, etc.) to share in the project's property taxes.
The Economic Development Authority for the City of Elk River, Minnesota
anticipates that Tax Increment Financing District No. 12 will exist for
approximately eight (8) years; during which time tax increment funds will be
collected for six (6) years.
e
TAX INCREMENT FINANCING PLAN
• TAX INCREMENT FINANCING DISTRICT NO. 12
A. STATEMENT OF OBJECTPTES
Tax Increment Financing District No. 12 is located entirely within
the City's Development District No. 1, a Municipal Development
District created and established pursuant to the Development
District Act. The Development Program for Development District No.
1, was adopted by the City Council on April 1, 1985, and was
amended on January 27, 1986, and November 30, 1987. The
objectives of the Development District, as amended, and as set forth
in the Develo went Program, are hereby incorporated into this Tax
Increment ~mancin Plan. Attached as Exhibit A is a map of
Development District No. 1.
The specific objectives of the Tax Increment Financing Plan for Tax
Increment Financing District No. 12 are:
1. To provide pay-as-you-go reimbursement for the acquisition
price of Lots 6 and 7, Block 1, McChesney Industrial Park; (the
development site);
2. To encourage a manufacturing company to expand in the
McChesney Industrial Park; said expansion includes the
• construction of a new facility estimated at approximately
12,000 square feet;
3. To increase employment opportunities in the community and in
the State of Minnesota; said expansion will create 6 to 10 full
time positions and 5 to 11 positions will be retained; and,
4. To preserve and enhance the local tax base and the tax base
in the State of Minnesota; said expansion will generate
property taxes of approximately $13,900.
B. CLASSIFICATION OF THE DISTRICT
The City Council of the City of Elk River, Minnesota determines
that it is necessary, desirable, and in the public interest to
designate, establish, develop, and administer an Economic
Development Tax Increment Financing District in the City of Elk
River pursuant to the provisions of the Tax Increment Financing
Act, Minnesota Statutes 469.174, Subdivision 12. The purpose of the
Tax Increment Financing Plan and Tax Increment Financing District
No. 12 is to encourage the expansion of a manufacturing company in
the McChesney Industrial Park, thereby increasing local employment
C~
opportunities and preserving and enhancing the local tax base of the
State of Minnesota.
• C. DEVELOPMENT PROGRAM
Overview
Neos, Inc., 12797 Meadowvale Road, Suite B, Elk River,
Minnesota, seeks Tax Increment Financing assistance to
support its proposed construction of a 12,000 square foot
facility in the McChesney Industrial Park.
The Tax Increment funds will be used to reimburse Neos, Inc.,
for the acquisition of the development site. In addition,
funds will be used for site preparation and site development
costs.
2. Property Included in Tax Increment Financing District No. 12
The legal descriptions of the properties included in TIF District
No. 12 are as follows:
Lot 6, Block 1, McChesney Industrial Park (PID No. 75-
433-0150)
Lot 7, Block 1, McChesney Industrial Park (PID No. 75-
433-0160)
• Attached as Exhibits B-1 and B-2 are maps showing the exact
location of the property included in Tax Increment Financing
District No. 12.
3. Property to be Acauired by the Authority
No property will be acquired by the Authority.
D. DEVELOPMENT ACTIVITIES
1. Development Overview
Neos, Inc., proposes to construct a new facility containing
approximately 12,000 square feet on Lots 6 and 7. The new
facility will have a finished market value estimated at $375,000.
Construction may begin during the summer of 1995 and will be
completed by January 12, 1996.
Neos, Inc., currently employs 5 persons at its leased space at the
12797 Meadowvale Road facility. As a result of the expansion,
approximately 6 new full-time jobs will be created by Neos, Inc.
In addition, the business incubator component of this facility is
expected to create 10 full-time jobs and retain another 11
positions.
•
2. Contracts
. No contracts have been entered into at the time of the
preparation of this Tax Increment Financing Plan.
Proposed contracts for services associated with Tax Increment
Financing District No. 12 include:
• Contract for Construction of a 12,000 Square Foot
Facility (by Neos, Inc.)
• Soil Borings and Analysis
• Site Preparation and Development
E. FINANCIAL ANALYSIS OF TAX INCREMENT FINANCING
DISTRICT NO. 12
Tax Increment Financine District No. 12 Cost Estimates
Budeet Amount
•
Land Write Down $60,000
Site Survey
Site Preparation $20,000
Soil Borings and Analysis
Administration
Legal $ 2,500
Cost of Issuance Fees
Bond Discount
Capitalized Interest
Miscellaneous ~ 2.500
Total $85,000
2. Bonded Indebtedness
The City of Elk River anticipates apay-as-you-go Tax Increment
Financing District No. 12 and no bonds will be issued.
3. Sources of Revenue to Pav Public Costs
Tax Increments collected from the Neos, Inc., expansion will be
used to pay the public costs associated with Tax Increment
Financing District No. 12.
4. Orieinal Tax Capacity
The original net tax capacity, based on the 1994 valuation, for
the real property in Tax Increment District No. 12 is estimated
to be $2,300. The County Auditor Certification attributable to
this value is attached as Exhibit C.
•
5. Estimated Captured Tax Capacity
The finished market value upon completion of the
• improvements in Tax Increment Financing District No. 12 is
estimated at $375,000. This value translates into a completed
net tax capacity estimated at $15,650. The captured net tax
capacity is estimated as follows:
Completed Net Tax Capacity $15,650
Less Original Net Tax Capacity 2.300
Equals Captured Net Tax Capacity $13,350
One hundred percent of the captured net tax capacity of Tax
Increment Financing District No. 12 will be required to finance
the public costs associated with District No. 12. As a result, the
City of Elk River elects, pursuant to Minnesota Statute 468.177
Subdivision 2 (a)(1), to retain the full captured net tax capacity
of Tax Increment Financing District No. 12.
6. Duration of the Tax Increment Financine District No. 12
The City of Elk River expects that the first increment it will
receive from Tax Increment Financing District No. 12 will be for
taxes payable in 1997, and will be based on a completed value as
of January 2, 1996. The City expects to continue to receive tax
increment from Tax Increment District No. 12 up to and
including the year 2002, or until $80,000 in tax increment has
been received. Thereafter, no further increments may be
• received and Tax Increment Financing District No. 12 will
terminate.
F. CASH FLOW ANALYSIS
Attached as Exhibit D is the Cash Flow Analysis for Tax Increment
Financing District No. 12.
G. IMPACT ON OTHER LOCAL TAXING JURISDICTIONS
1.
Pursuant to Minnesota law, tax increment generated by
development within the Tax Increment Financing District may
be captured by the City for a period of up to eight years. During
this period other taxing jurisdictions will continue to receive
taxes from the property within the Tax Increment Financing
District based on the current net tax capacity.
•
2.
•
3.
The Economic Development Authority of the City of Elk River
has determined that the Neos, Inc., project would not reasonably
be expected to occur without the creation of TIF District No. 12
and the use of tax increment financing is necessary. Therefore,
none of the net tax capacity captured during the term of this TIF
District would be available to other taxing jurisdictions without
the creation of this district.
Additional information on the impact of Tax Increment
Financing District No. 12 on the other local taxing jurisdictions
can be found in Exhibit E.
H. STUDIES AND ANALYSIS USED TO DETERMINE THE NEED FOR
TAX INCREMENT FINANCING
The Elk River EDA and City Council have determined that the Neos,
Inc., expansion project cannot reasonably be expected to occur solely
through private investment within the reasonably foreseeable future.
Therefore, the use of Tax Increment Financing assistance is deemed
necessary.
This determination has been made based on the following:
• The company currently occupies leased space at 12797
Meadowvale Road and this expansion into a permanent
facility is its first. Tax increment assistance is needed to
reduce the overall project costs -thereby preserving scarce
capital to ensure that Neos, Inc., remains financially stable
after the expansion.
• In addition, tax increment assistance is necessary because
the project will result in increased employment in the State,
and, it will result in the preservation and enhancement of
the tax base of the State.
I. PARCELS INCLUDED IN TAX INCREMENT FINANCING
DISTRICT NO. 12
Tax Increment Financing District No. 12 is comprised of two parcels of
land. They are listed below:
1994 Original
Parcel 1994 EMV Payable 1995 Net Tax Capacity
75-433-0150 $25,000 $1,150
75-433-0160 $25,000 $1,150
•
Please refer to Exhibit C for the County Auditor Certification of this
parcel in Tax Increment Financing District No. 12
•
•
•
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TAX INCREMENT FINANCING DISTRICT N0. 12
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DRAFT
EXHIBIT C
COUNTY AUDITOR CERTIFICATION
TAX INCREMENT FINANCING DISTRICT N0.12
The original net tax capacity of the following listed parcel(s) as of January 2, 1994,
is certified to be $2,300.
The parcel(s) contained in Tax Increment District No. 12 are listed below.
1994 EMV 1994 Original
Pazcel Number Payable 1995 Net Tax Capacity
75-433-0150 $25,000 $1,150
75-433-0160 $25,000 $1,150
TOTAL $50,000 $2,300
n
U
The Base Tax Rate will be the rate calculated for taxes payable in 1995. Iu accordance
with Minnesota Statutes, Section 469.177, Subdivision 1, the average percentage increase
in the original Net Tax Capacity shall be zero percent (0%).
Ramona Doebler
Sherburne County Auditor
COUNTY
SEAL
June ~ 1995
• ~ •
DRAFT
EXHIBIT D
TAX INCREMENT FINANCING DISTRICT NO. 12
CASH FLOW ANALYSIS
*1996 ~ 199'r I 1998 I 1999 I 2000 I 2001 ~ 2002 1 2003***
Original Net Tax Capacity(1) **$2,300 $2,369 $2,440 $2,513 $2,588 $2, 65 $2,745 $2,827
Total Net Tax Capacity Q 5.fi 0 $15.650 P75.6F0 °;15.650 . 1 .6.x,0 $,~,~Q 815"650
Captured Net Tax Capacity $0 $13,281 $13,210 $13,137 $13,062 $12,985 $12,905 $12,823
Estimated Tax Rate(2) 1.04247 1.04247 1.04247 1.04247 1.04247 ..1.04247 1.04247 1.04247
Captured Tax Increment $13,845 $13,771 $13,694 $13,616 $13,536 $13,453 $0
Cumulative Captured Tax Increment $26,616 $40,310 $53,926 $67,462 $80,915 $80,915
(1) Assumes a three percent (3%) annual increase in original tax capacity.
(2) Based on a payable 1995 tax rate. This rate will change in 1996 and in subsequent years;
This will result in a change in the actual amount of tax increment collected by the city.
Taxes will be generated in 1996, but no increment will be collected. The first year an
increment will be collected is 1997 and is based on a finished market value as a January 1, 1996.
** Assumes no construction value as a January 1, 1995.
*** The District is decertified December 31, 2002, and taxes generated in 2003 will be collected by the
local taxing jurisdictions.
• ~~-Fr ~
EXHIBIT E
IMPACT OF TAX INCREMENT FINANCING DISTRICT N0. 12
ON OTHER MAJOR TAXING JURISDICTIONS
Cky of EIk Rfver, Minnesota
Without ProjeG Wilh Project
Projected Negative
1994/95 1994/95 1994195 1994195 Projected New Tex 1994/95 Adjusted Tax Capadly Captured Impact On
Tax Capadty Ad Valorem Taz Capacity Tax Capadly Captured Tax Capadly Ad Valorem T ax Capacty Rate Tax Capadly Other Taxirg
Value Taxes Levied Rale Value Capadly Value Value Taxes Levied Rate Impact Value Jurisdictions
City of Elk River $9,324,360 $2,223,347 23.958% $9,324,380 $23,010 $9,347,370 $2,223,347 23.785 0.173 $23,010 $5,172
Sherburne County $54,255,803 $12,128,779 22,380% $54,255,803 $23,010 $54,278,813 $12,128,779 22.345 0.035 $23,010 $5,141
ISD 728 $19,431,867 $11,032,065 56.511% $19,431,867 $23,010 $19,454,877 $11,032,065 58.443 0.066 $23,010 $12,988
Other 1.398% $23,010 1.398 $23,010 $321
TOTALS 104.247 103.971 0.278% $23,922
STATEMENT 1: The 1994195 tax Capadty value times the 1994/95 tax capacity rate produces 1994551axes generated. If the captured lax Capadty value was
available to each taxing Judsdictlon, the result would be a lower or adjusted tax capaGly rate which woWd produce the same emouM of lazes.
Thus, with the addition of captured value of $23,010, the tax Capadty rate for the above-seleGed major taxirg jurisdictions would be reduced
by a rate of .276% to an adjusted tax capacity of 103.971 %. The captured tax Capadly times the adjusted tax Capadty rate of 103.971%
would generate $23,922 in increment income, wfiich represents the loss of new revenues if the development had not ocarred without induslon
in a Tax Increment DistdG.
STATEMENT 2: If no captured lax Capadty value is available to each of the laxing Judsdlctlons, there Is no ImpaG on the taxes heretofore levied, and
therefore, no impact on tax capacity rates.
NOTE: The impact on "other" taxing jurisdictions is negligible since those Jurisdictions represent approximately 1.0% of the overall lax levy
RESOLUTION 95 - 32
A RESOLUTION FOR THE CITY OF ELK RIVER
• A RESOLUTION FOR THE CITY OF ELK RIVER RELATING TO THE
ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT
NO. 12 AND THE ADOPTION AND APPROVAL OF THE TAX
INCREMENT FINANCING PLAN RELATED THERETO, LOCATED
WITHIN DEVELOPMENT DISTRICT NO. 1
BE IT RESOLVED by the City Council (the Council) of the City of Elk
River, Minnesota (the City), as follows:
Section 1. -Recitals.
1.01. It has been proposed and adopted by the Economic Development
Authority for the City of Elk River, Minnesota (the EDA) that the EDA
establish Tax Increment Financing District No. 12 within Development
District No. 1 pursuant to and in accordance with Minnesota Statutes.
1.02. The EDA has caused to be prepared, and this Council has
investigated the facts with respect thereto, a proposed Tax Increment
Financing Plan for Tax Increment Financing District No. 12 (the Plan).
1.03. The EDA and the City have performed all actions required by
• law to be performed prior to the establishment of Tax Increment Financing
District No. 12 and the adoption of the Plan relating thereto.
1.04. The Council hereby determines that it is necessary and in the
best interest of the City at this time to establish Tax Increment Financing
District No. 12 and the adoption of the Plan relating thereto.
Section 2 - Findines for the Establishment of Tax Increment
Financing District No. 12.
2.01. The Council hereby finds, determines, and declares that the
establishment of Tax Increment Financing District No. 121ocated within
Development District No. 1 is intended and, in the judgement of this Council,
its effects will be, to provide an impetus for commercial and industrial
development, increase employment, and otherwise promote certain public
purposes and accomplish certain objectives as specified in the Plan for Tax
Increment Financing District No. 12.
2.02. The Council further finds, determines, and declares that Tax
Increment Financing District No. 12 qualifies as an Economic Development
District pursuant to Minnesota Statutes, Section 469.174, Subdivision 12.
•
2.03. The Council further finds, determines, and declares that the
proposed development, in the opinion of the Council, would not occur solely
through private investment within the reasonably foreseeable future and,
therefore, the use of Tax Increment Financing is deemed necessary.
• 2.04. The Council further finds, determines, and declares that the
proposed Plan for Tax Increment Financing District No. 12 conforms to the
Comprehensive Plan of the City.
2.05. The Council further finds, determines, and declares that the
proposed Plan for Tax Increment Financing District No. 12 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.
2.06. The Council determines and declares that Tax Increment
Financing District No. 121ocated within Development District No. 1 is
hereby established.
Section 3. -Adoption of the Plan.
3.01. The Plan presented to the Council on this date, is hereby
approved and adopted and shall be placed on file in the office of the City
Clerk.
Section 4. -Implementation of the Plan.
The City Administrator and Assistant City Administrator are authorized and
directed to proceed with the implementation of this Plan, and for this
purpose, to negotiate, draft, prepare, and present to the Council for its
consideration, all future plans, resolutions, documents, and contracts
necessary for this purpose.
Adopted by the City Council of the City of Elk River, Minnesota, this 19th
day of June, 1995.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
RESOLUTION 95 - I
A RESOLUTION OF THE ELK RIVER PLANNING COMMISSION
FINDING THE ECONOMIC DEVELOPMENT AUTHORITY'S
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO. 12 LOCATED WITHIN
DEVELOPMENT DISTRICT NO. 1 IS CONSISTENT WITH THE
COMPREHENSIVE PLAN FOR THE CITY OF ELK RIVER
WHEREAS, the Economic Development Authority's proposed Tax Increment Plan
for Tax Increment Financing District No. 12 (the Plan) to be located
within Development District No. 1, has been submitted to the Elk
River Planning Commission; and,
WHEREAS, the Planning Commission has reviewed the Plan to determine the
consistency of the Plan to the Comprehensive Plan of the City of Elk
River.
NOW, THEREFORE, BE IT RESOLVED by the Elk River Planr,;ng Commission
that the Tax Increment Financing Plan for Tax Increment Financing
District No. 12 is consistent with the Elk River Comprehensive Plan
based on the following findings:
1. The present zoning of I-1 (Light Industrial) and land use designation
of L-I (Light Industrial) is the appropriate zoning and land use to
allow industrial development.
2. The comprehensive land use for this area is not envisioned to change
in the immediate future; therefore, expanding industrial businesses at
this location is consistent with the comprehensive plan.
3. One of the comprehensive plan goals is to encourage industrial
development to assist the City's tax base.
Adopted this 23rd day of May, 1995.
T.()IT7S T(iTF.STF'R
Louis Kuester, Chair
ATTEST:
/S/ STEVEN B. ACH
Steven B. Ach, City Planner
•
s: eda:meeting: restifl3
EDA RESOLUTION 95-1
• A RESOLUTION FOR THE ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER, MINNESOTA, RELATING TO THE
ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 12
AND THE ADOPTION AND APPROVAL OF THE TAX INCREMENT
FINANCING PLAN RELATING THERETO, LOCATED WITHIN
DEVELOPMENT DISTRICT NO. 1
BE IT RESOLVED by the Economic Development Authority for the City of
Elk River, Minnesota (EDA), as follows:
Section 1. -Recitals.
1.01. It has been proposed that the EDA establish Tax Increment
Financing District No. 12 within Development District No. 1.
1.02 The EDA has caused to be prepared a proposed Tax Increment
Financing Plan (the Plan) for Tax Increment Financing District No. 12.
1.03 The EDA has performed all actions by Minnesota Statutes to be
performed prior to the establishment of Tax Increment Financing District No.
12 and the adoption of the Plan relating thereto.
1.04 The EDA hereby determines that it is necessary and in the best
interest of the City at this time to establish Tax Increment Financing District
No. 12 and to approve the Plan relating thereto.
Section 2. - Findines for the Establishment of Tax Increment
Financine District No. 12.
2.01 The EDA hereby finds, determines, and declares that the
establishment of Tax Increment Financing District No. 12 within
Development District No. 1 is intended and, in the judgment of this EDA, its
effects will be, to provide an impetus for commercial and industrial
development, increase employment and otherwise promote certain public
purposes and accomplish certain objectives as specified in the Plan for Tax
Increment Financing District No. 12.
2.02 The EDA further finds, determines, and declares that Tax
Increment Financing District No. 12 qualifies as an Economic Development
District pursuant to Minnesota Statutes, Section 469.174, Subdivision 12.
2.03 The EDA further finds, determines, and declares that the
• proposed development, in the opinion of the EDA, would not occur solely
through private investment within the reasonably foreseeable future and,
therefore, the use of Tax Increment Financing is deemed necessary.
• 2.04 The EDA further finds, determines, and declares that the
proposed Plan for Tax Increment Financing District No. 12 conforms to the
Comprehensive Plan of the City.
2.05 The EDA further finds, determines, and declares that the
proposed Plan for Tax Increment Financing District No. 12 will afford
maximum opportunity, consistent with the sound needs of the City as a
whole, for the development or redevelopment of Development District No.
by private enterprise.
2.06 The EDA determines and declares that Tax Increment
Financing District No. 12 located within Development District No. 1 is
hereby established.
Section 3. -Adoption of the Plan.
3.01 The Plan for Tax Increment Financing District No. 12 presented
to the EDA on this date, is hereby approved and adopted and shall be placed
on file in the office of the City Clerk.
Section 4. -Implementation of the Plan.
4.01 The Executive Director of the EDA, the City Administrator, and
the Assistant City Administrator are authorized and directed to proceed with
implementation of the Plan, and for this purpose, to negotiate, draft, and
prepare and present to the EDA for its consideration all future plans,
resolutions, documents, and contracts necessary for this purpose.
Adopted this 12th day of June, 1995.
~~ )f~Fn,~Y A • GoN6oL!
~e ey A. Gongoll, President
Elk River EDA
ATTEST:
~~ ~am Rubin, Executive Director
Elk River EDA
•
•
EXHIBIT D
TAX INCREMENT FINANCING DISTRICT NO. 12
CASH FLOW ANALYSIS
*1996 I 1997 I 1998 I 1999 I 2000 I 2001 1 2002***
Original Net Tax Capacity(1) **$2,300 $2,369 $2,440 $2,513 $2,588 $2,665 $2,745
Total Net Tax Capacity ~2,344 $1~..fi@4 $15.fi~Il` $1~4 ~ $15.6,`~Q $1~.Sx~4`
Captured Net Tax Capacity $0 $13,281 $13,210 $13,137 $13,062 $12,985 $12,905
Estimated Tax Rate(2) 1.04247 1.04247 1.04247 1.04247 1.04247 1.04247 1.04247
Captured Tax Increment $13,845 $13,771 $13,694 $13,616 $13,536 $0
Cumulative Captured Tax Increment $26,616 $40,310 $53,926 $67,462 $67,462
(1) Assumes a three percent (3%) annual increase in original tax capacity
(2) Based on a payable 1995 tax rate. This rate will change in 1996 and in subsequent years;
This will result in a change in the actual amount of tax increment collected by the city.
* Taxes will be generated in 1996, but no increment will be collected. The first year an
increment will be collected is 1997 and is based on a finished market value as a January 1, 1996.
** Assumes no construction value as a January 1, 1995.
*** The District is decertified December 31, 2001, and taxes generated in 2002 will be collected by the
local taxing jurisdictions.
• REVISED
ESTIMATION OF LGA PENALTY
UNDER NEW TIF STATUTES
SOURCE: BRIGGS ANd MORGAN MAY 1990
_~J
J•
1. OVERVIEW
The 1990 Tax Bill provides for a reduction in a city's state aid payments in
proportion to the "increased cost" to the state due to the exemption of TIF captured
value in the school aids formula. Because this penalty will affect municipal budgets
through reductions in LGA and potentially Homestead and Agricultural Aids (RAGA),
city officials and others will want to evaluate new projects including the direct costs to
the city as a result of this penalty. Due to the complexity of the school aids system and
the property tax system, confusion and misunderstanding related to this penalty may
exist.
II. CONCEPT OF THE PENALTY
Minnesota school aids are distributed through an "equalization" formula that
compensates relatively poorec school districts by effectively increasing the power of their
tax rate. In other words, the State ensures that the school tax rate in Thief River Falls
will raise the same revenue as in Edina by supplementing the school's tax levy with
state aids. The Minnesota school finance system can be simplified into three basic
terms: revenue need, local effort levy and state aids. State aid is a function of revenue
need and the required local effort levy as follows:
State Aid = Revenue Need -Local Effort Levy
E
31 •
where local effort levy increases with the amount of taxable value in the district.
Many legislators believe that tax increment financing effectively exempts the
captured value from the school aids calculations and therefore causes the cost of state
school aids to increase. Because municipalities generally establish TIF districts, they
believe that municipalities should bear the increased cost to the state. Indeed, if the tax
base of an individual school district were larger, that district would receive relatively
less of their revenue needs through state school aids.
The size of the penalty relates to the amount of "qualifying captured value"
within a school district, the school district "penalty tax rate" and the school district "sales
ratio." These terms and the calculation of the penalty are described below.
8
5
I
~,
i
_• III. ACTUAL PENALTY CALCULATION
The Department of Education will determine the hypothetical annual increase in
school aids to each district with qualifying TIF value. This increase will be computed
by subtracting the actual certified school aids from a hypothetical amount based on a
' tax base that includes qualifying TIF value. This amount will be reported to the
Department of Revenue who will compute the actual LGA/HACA penalty to the
municipality that certified the tax increment district The penalty will then be
subtracted from the following year's aid payments. The municipality will be allowed
to increase their levy due to the impact of the penalty.
IV. PENALTY ESTIMATION TECHNIQUE
Given the complexity and the dynamics of the Minnesota school aid system, it
will not be feasible or possible for an exact calculation of the LGA penalty to be
completed. In addition, estimation of the penalty in future years can be clouded by
changing T1F valuations, changing sales ratios, new T1F projects or even legislative
changes to the school aids and property tax systems. Therefore, an estimation technique
must be devised that will provide an approximation of the LGA penalty that can be
' expected as a result of anticipated increases in TIF captured value.
• We expect that the Department of Education will provide estimates of the
"penalty tax rate" that will apply to captured TIF value within each school district. This
penalty tax rate will be the sum of those school district tax rates that the state
_ subsidizes through the various school aids programs, including General Education
revenue, Transportation revenue, Health and Safety revenue and Supplemental (Hold-
' Harmless) revenues. For most school districts the penalty tax rate is between 30 and
3S percent with some districts exceeding 40 percent due to exceptional Health and
- Safety revenue needs.
In most cases, applying the 'Penalty Tax Rate" to the qualifying TIF value will
.: yield the an estimate of the preliminary LGA/HACA penalty. For school districts "off-
formula" or school districts that would become "off-formula" districts due to the
inclusion of qualifying T1F value, this methodology will not provide an accurate result.
However, the only school districts currently "off-formula" are Becker, Prinsburg and
Humboldt-St. Vincent
9
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V. METHOD FOR ESTIMATING THE PENALTY
The penalty for a municipality with qualifying tax increment captured value can
be estimated as follows:
Step 1 Prepare a schedule of estimated T1F captured value based upon
expectations for the district. These estimates will probably have been
completed as a part of the TIF plan.
Step 2 Compute the Qualifying T1F value based on the phase-in percentages.
Apply the appropriate phase-in percentages based upon the type of TIF
project.
Step 3 Divide the annual qualifying TiF value by the school district sales ratio to
compute the adjusted qualifying TIF value. The sales ratio will likely
J change over time and the impact of the sales ratio can be substantial.
However, the sales ratio cannot be trendline projected with any accurary.
Therefore, the current yeaz sales ratio will be the best estimate available.
l~
Step 4 Apply the penalty tax rate to the adjusted qualifying TIF value. The
• penalty tax rate should be available from the Department of Education as
~] mentioned above. This calculation will yield an estimate of the
hypothetical increase in levy attributable to the qualifying TIF value. For
districts on-formula (the vast majority of school districts), the hypothetical
increase in levy will result in adollar-for-dollaz decrease in school aids.
Step 5 Compute the maximum penalty applicable to the municipality. The
:~ penalty cannot exceed 596 of the adjusted tax capacity ug 25% of the
amount in excess of 5% of the adjusted tax capacity. For example, if the
-j~ preliminary penalty is $200 and 596 of the municipal adjusted tax capacity
is $100, the maximum penalty cannot exceed $125. For purposes of this
calculation, the bill is not clear if the adjusted tax capacity of the
municipality will be the tax capacity after adjustments for fiscal disparities
+~ and tax increment values. The school district sales ratio, not the municipal
sales ratio, will be used to adjust for local assessment variations. Compaze
•~ this final penalty amount to the total LGA and HACA the city is expected
to receive. If the calculated penalty is greater than the total LGA plus
HACA, then the penalty equals the amount of LGA plus HACA for that
year.
These steps are illustrated in the following examples.
•
10
Cities and counties are subject to local government aid and HACA reductions based on the
retained captured value of tax increment districts or district expansioru which the cities and
counties established after Apri130, 1990. The portion of the retained captured value that is
used in determining the aid reductions is dependent upon the type of increment district and
the length of time that the district has been in existence.
Qualified manufacturing economic development districu do not generate aid reductions
in their first increment year..The portion of their retained captured value used in deter-
mining aid reductions is phased in to 100% over the next five increment years. Their total
Yetained captured value in their sixth and subsequent increment years is used in determin-
ing aid reductions.
Economic development districts (other than qualified manufacturing districts) and soils
condition districts generate aid reductions in their first increment year. Their entire
retained captured value is used in determining aid reductions. There is no phase in period.
• Renewal and renovation districu do not generate aid reductions in their first five increment
years. The portion of their retained captured value used in determining aid reductions is
phased in to 100%over the next eight increment years. Their total retained captured value
in their thirteenth and subsequent increment years is used in determining aid reductions.
All other districts do not generate aid reductioru in their first five increment yeazs. The
portion of their retained captured value used in determining aid reductions is phased in to
100% over the next sixteen years. Their total retained captured value in theirtwenty-first
and subsequent increment years is used in determining aid reductions.
The aid reductions are based on the retained captured values reported by the county auditors
to the Department of Revenue. The portion of the retained captured value recognized for aid
reduction purposes is equalized by the assessment sales ratio of the school district in which
the increment district is located and forwarded to the Department of Education which
determines the school district aid difference that would result if this retained captured value
had been included in determining school district aids. The Department of Revenue uses these
school aid differentials to determine the aid reductions by municipality.
There is a one year lag between the retained captured value year and the aid reduction year.
1 Retained captured values for taxes payable in 1991 were the first values to generate aid
reductions. The aid reductions affected 1992 aids. With the one year lag schedule, payable
1992 retained captured values will be used to determine 1493 aid reductions.
SOURCE:PUBLICORP INC FEBRUARY 1995
(M.S. 273.1399).
IV. LOCAL GOVERNMENT AID PENALTY
A. Generally. The penalty, set out in Minnesota Statutes, Section 273.1399, applies only to districts
requested for certification after April 30, 1990. The penalty is tied to the state school aid fonnula.
When an authority creates a TIF District, the state calculates how much less the school aids would
have been had the captured property value been available to the school district. That amount is
• then deducted from the municinalirv's local government aid (LGA) and if necessary from the
homestead and agricultural credit aid (RAGA).
B. Amount. The LGA/HACA foss varies, but is usually about 30% of the tax increment collected
annually when the maximum penalty applies. Note that the penalty does not change the amount
of increment collected; it changes the amount of state aid the municipality receives.
The amount of aid loss depends on the type of TIF District:
Redevelopment and Housing Districts and Hazardous Substance Subdistricts: the aid loss
is phased in over time. For the first six years after the original assessment year of the
district, there is no aid loss. Beginning in year seven, the loss is only 6.25% of the
maximum possible loss. Each year thereafter, the loss increases in 6.25% increments, until
the full penalty applies in year 21.
2. Renewal and Renovation District: the same 6-yeaz grace period applies, but in year seven
the loss is 12.5 percent of the maximum loss, followed by an additional 12.5% annually
until the full penalty applies in year 12.
3. Soils Condition District and Economic Development Districts: the maximum penalty
begins in the first yeaz in which increment is collected.
4. "Qualified Manufacturing Districts;" these are economic development districts that: are
• requested for certification after June 30, 1991; provide assistance to manufacturing,
research and development, or telemarketing (but not tourism facilities or warehousing);
and aze located in a city with a maximum population of 10,000. The aid loss is phased
in with 20% percent of the maximum applied in year two, followed by an addition 20%
each year until the full penalty applies in yeaz six. 1993 Change: the former requirement
that the city be located outride a metropolitan statistical area has been eliminated. Thus,
metro area cities under 10,000 population are now eligible for the phased in penalty.
5. 1993 Change -Qualified Housing District: this is a housing district for a residential
rental project in which the only properties receiving TIF assistance meet all the
requirements for slow-income housing credit under federal law, regardless of whether the
project actually receives a housing credit. The tax credit requirements are generally more
stringent than the income requirements otherwise applicable to a housinE TIF District.
LAW OFFICES
BF~IGGS a~rn MOI3GAN
PROFESSIONAL ASSOCIATION
220D FIRST NATIONAL BA\'E BUILDING
SAINT PAUL, MIVITESOTA 3b101
TELEPRONE 10121 223-6000
FACSIMILE (0121 223-6430
wRIZEHS DIRECT DIAL Yti~iHEB May 24, 1995
(612) 223-6420
MEMORANDUM
FROM: Jim O'Meara ,7
DATE: May 24, 1995 YY
RE: Final Tax Increment Provisions of the Omnibus Tax Bill
MI.WEAPOLIS OFFICE
E900 IDS C~'T£R
NtYNBAPOIS4, ~f1Y\E80TA SS102
TELEP80S8 ~D121 0248400
PACBIMILE '~BIEI OD4-8850
The Legislature has passed the Tax Bill. If and when the Governor signs it, I will
provide you a more detailed summary of the tax increment provisions, but for now offer the
following very general observations:
1. The Bill DOES NOT CONTAIN many of the controversial proposals made by
Representative Ozment and others. The following earlier proposals did not
survive in any form in the Bill:
(a) The drastic restriction of the usability of tax increments from pre-511/90
tax increment districts.
(b) A similar curtailment that was proposed for pre-5/1/88 redevelopment
tax increment districts (including pre-1979 districts).
(c) The elaborate cost/benefit analysis that had been proposed as a
required finding for establishing tax increment districts.
(d) The requirement of finding that an economic development district had
to be for a project that would otherwise go to another state.
(e) The suggestions that TIF districts be approved by the State Auditor,
the School Board, or the County Board a]so did not survive.
~J
BRIGGS axn MORGAti
Memorandum
May 24, 1995
• Page 2
(f) The "clawback" provision, which would've required payback of the TIF
assistance on a declining percentage scale for beneficiaries that bail out
of their projects.
There was significant progress made on the LGA/HACA front. There was a
liberalized exemption for ethanol projects (now up to $1,500,000 of TIF) and
for a new class of exempt projects for "agricultural processing facilities". In
addition, and of more general usefulness, there is now an alternative too t
out of the eneral LGAJHACA penalty provisions by ma ng a qua t g
local contnbuuon' w Ic wo d be io or economtc eve opment, ousmg,
and renewal or renovation districts and 7.5% for redevelopment and other
types of tax increment districts. There would be a cap on the total of these
contributions at 2%a of the city's net tax capacity, and the contribution must
come from unrestricted moneys of the tax increment authoriri or the
amount would be cut in half if certain state grants or incentives were involved.
For many projects, this will prove quite useful. It is effective for tax increment
areas requested for certification after Tune 30, 1994 (yes, 1994), except that
for tax increment plans approved before July 1, 1995, the municipality must
• "opt in" to this program by adopting a resolution to do so prior to the end of
this yeaz. This is the best news in years.
3. There was a proposal to change the anti-pooling Hiles from a 75/25% standard
to a 90/10% standard. The final Bill changed this to an 80/20% standard, a
minor change.
4. While the elaborate cost/benefit analysis was stricken from the required
findings, there was retained the concept of deterntin;ng that the market value
of the new project, after subtracting the present value of the maximum tax
increment, would exceed the market value that would otherwise appear if the
tax increment weren't given.
5. There were adopted significant and lengthy new provisions regarding
disclosure, reporting and enforcement.
6. Effective June 30, 1995, soils conditions districts aze restricted basically to
hazardous substance, polluted, or contaminated sites; there were also a
number of "remedial" provisions regarding hazardous substance subdistricts.
7. The 5,000 square foot one-time exception for commercial facilities in smaller
communities for economic development districts was deleted and there was
•
~'
1
BRIGGS nxn MOAGAN
Memorandum
May 24, 1995
Page 3
added the ability to do that type of tax increment district for 'bedrock soils
condition".
8. There were a number of provisions restricting the availability of special laws
in the tax increment area, including provisions which would hereafter require
the approval of all the local jurisdictions, including the county and the school
district, if a tax increment district is to be extended beyond its normal
statutory duration.
9. The 1/10th of 1% fee to be paid to the state for defraying its enforcement
costs will be effective January of next year.
10. There were limits on including in a new tax increment district any property
which was within the agricultural open space, or certain other classifications
within the past five yeazs.
The above is very general. This Article of the Bill runs for 49 sections.
If, prior to receiving my more detailed summary if and when the Bill becomes law,
• you have any particular questions on how any of this might affect your tax increment districts
or projects, please fee] free to call me at 612-223-6420. On other fronts, neither the tax
freeze or the revocation of the tax-exemption of interest (even on State bonds) survived.
/lbh
~J
TIF POLICY
ELK RIVER, MN
SECTION I -COMPREHENSIVE PLAN
All requests for Tax Increment Financing shall be consistent with the
• City's Comprehensive Land Use Plan and its components. Only those
requests that are comprehensive in nature will be accepted. Fragmented
projects that exclude adjacent parcels will not be encouraged.
SECTION II -DEMONSTRATED NEED
The request for Tax Increment Financing assistance must demonstrate
that the proposed development or redevelopment 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
deemed necessary.
SECTION III -QUALIFYING IMPROVEMENTS
A request for Tax Increment Financing shall specify in detail the
proposed uses of the Tax Increment Financing subsidy. Qualifying
improvements may include but are not limited to site acquisition, land write
down costs, site preparation, soil correction, demolition, relocation costs,
interest reduction costs, or the construction of public infrastructure.
SECTION IV -EXTRAORDINARY DEVELOPMENT STANDARDS
Preference shall only be given to those projects requesting Tax
Increment Financing assistance which meet or exceed the City's development
standards. These standards include building design, type of construction,
d extraordinary landscaping.
SECTION V -MAXIMUM SUBSIDY
All requests for Tax Increment Financing shall be subject to a subsidy
cap. The subsidy shall be based on a percentage of the project's finished
market value (for tax purposes) as determined by the County Assessor.
Except for redevelopment projects which may require more assistance than
other projects, the average Tax Increment subsidy shall not exceed 15% of the
project's finished value. The following projects shall be eligible for Tax
Increment Financing:
Redevelopment
IndustriallManufacturing
Service Companies/High Technology
Commercial
Housing
• Under extraordinary circumstances, the City Council reserves the
right to adjust the average subsidy level.
~••ei ~yl~ ••~ i
~~
June 16, 1995
City Council
City of Elk River
P.O. Box 490
Elk River, MN 55330
Dear Council Members:
EIk RiverArea
Chamber of Commerce
The Elk River Area Chamber of Commerce supports the Mowry/Neos Inc.
concept, as it would create jobs, retain jobs and allow for expansion of
an existing business, Metal Craft Machine & Engineering.
We are fortunate to have these businesses determine that Elk River is a
viable location for their facilities. This economic development proposal
will have a positive impact on the future tax base of our community.
Sincerely,
•~~
Jackie F. Schuelein
Executive Vice President
•
509 Highwa} 10 • Efk River, Minnesota 553.30-1415 • ("612) 441-3110
"Building a Better Community Together"