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HomeMy WebLinkAbout17-09-30 n RESOLUTION 17-09-30 RESOLUTION RATIFYING THE ADOPTON OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1;AND ESTABLISHMENT TAX INCREMENT FINANCING DISTRICT NO. 1-2 BE IT RESOLVED by the City Council(the"Council")of the City of Oak Park Heights, Minnesota(the "City"),as follows: Section 1. Recitals 1.01. The Council has heretofore established Development District No. 1 and adopted the Development Program therefor.The Council has also adopted a Modification to the Development Program for Development District No. 1 (the "Development Program Modification")and established Tax Increment Financing District No. 1-2(the "District")therein and adopted a Tax Increment Financing Plan (the "TIF Plan")therefor(the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.133 and Sections 469.174 to 469.1794,all inclusive,as amended,(the"Act")all as reflected in the Program and Plan,and presented for the Council's consideration on November 12,2014. 1.02. The City has investigated the facts relating to the Program and Plan and has caused the Program and Plan to be prepared. n 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program and Plan, including, but not limited to,notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be included in the District,a review of and written comment on the Program and Plan by the City Planning Commission,and the holding of a public hearing on November 12,2014,upon published notice as required by law. 1.04. Certain written reports(the"Reports")relating to the Program and Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Program and Plan. The Reports, including the renewal and renovation qualifications reports and planning documents, include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms,ratifies and adopts the Reports, 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. n Section 2. Findings for the Adoption and Approval of the Development Program n Modification. 2.01. The Council approved the Development Program Modification on November 12,2014, and specifically finds that: (a)the land within the Development District would not be available for redevelopment without the financial aid to be sought under the Development Program; (b)the Development Program,as modified,will afford maximum opportunity,consistent with the needs of the City as a whole,for the development of the Development District by private enterprise;and(c) the Development Program,as modified,conforms to the general plan for the development of the City as a whole. Section 3. Ratify Findings indings for the Establishment of Tax Increment Financing District No. 1-2 3.01. The Council hereby ratifies the finding that the District is in the public interest and is a "renewal and renovation district"under Section 469.174, Subd. 10a of the Act. 3.02. The Council ratifies the finding that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan,that the Program and Plan conform to the general plan for the development or redevelopment of the City as a whole;and that the Program and Plan will afford maximum opportunity consistent with the sound needs of the City as a whole,for the development or redevelopment of the District by private enterprise. n 3.03. The Council ratifies the findings,declares and determines that the City made the above findings stated in this Section and ratifies the reasons and supporting facts for each determination in writing,as included in Exhibit A of the November 12,2014 adopting resolution. 3.04. The City ratifies that it elects to calculate fiscal disparities for the District in accordance with Section 469.177, Subd. 3, clause b of the Act,which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Program and Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up,to provide employment opportunities,to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in the November 12,2014 resolution to establish the District,the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan.A private developer will receive only the assistance needed to make any proposed development financially feasible.As such,any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Ratifying Approval and Adoption of the Program and Plan 5.01. The Program and Plan, as presented to the Council on this date,including without limitation the findings and statements of objectives contained therein,are hereby approved,ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 5.02. The staff of the City,the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program and Plan and to negotiate,draft,prepare and present to this Council for its consideration all further plans,resolutions,documents and contracts necessary for this purpose. 5.03. The Auditor of Washington County is requested to certify the original net tax capacity of the District,as described in the Program and Plan,and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify,together with a list of all properties within the District,for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Administrator is further authorized and directed to file a copy of the Program and Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Section 469.175, Subd.4a of the Act. ACTION: C ou nc i 1 member Runk introduced the above resolution and moved its adoption.The motion for the adoption of the resolution was duly seconded by Dougherty ,and upon a vote being taken thereon,the following voted in favor thereof: All City Councilmembers and the following voted against the same: n None Dated: September / ,2017 ATTE ary' cCo er,Mayor Eric Jo on,City Administrator (Seal)