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1998-061CITY OF HOPKINS HENNEPIN COUNTY STATE OF MINNESOTA Council member Hesch introduced the following resolution and moved its adoption: RESOLUTION NO. 98-061 RESOLUTION ADOPTING THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT N0.2-11 THEREIN AND ADOPTING THE RELATED TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Hopkins, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The HRA has heretofore established Redevelopment Project No. 1 and adopted the Redevelopment Plan therefor. It has been proposed that the City establish within Redevelopment Project No. 1 Tax Increment Financing District No. 2-l l ("District No. 2-11 ") and adopt the related Tax Increment Financing Plan therefor (the "Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Plan, and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Plan. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Plan, including, but not limited to, notification of Hennepin County and School District No. 270 having taxing jurisdiction over the property to be included in District No. 2-11, notice of a potential redevelopment district to the Local county commissioner, a review of and written commenton the Plan by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plan and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City files and proceedings on the Plan. The Reports include data, information and/or substantiation constituting or relating to the bases forthe other findings and determ inations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part ofthis resolution to the same extent as if set forth in full herein. Section 2. Findings for the Adoption and Approval of the Plan. 2.01. The Council hereby finds that the Plan, is intended and, in the judgment ofthis Council, the effect of such actions will be, to provide an impetus for redevelopment in the public purpose and accomplish N: \M innsota\HOPKINS\Ti f1-1 I \city_res.wpd certain objectives as specified in the Plan, which is hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 2-11. 3.01. The Council hereby finds that Tax Increment Financing District No. 2-I 1 is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 (a)(l). 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value on 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 District No. 2-11 permitted by the Tax Increment Financing Plan, that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of District No. 2-11 by private enterprise. 3.03. The City elects to make a qualifying local contribution in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qualify District No. 2-1 l for exemption from state aid losses set forth in Section 273.1399. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.05. The City of Hopkins elects to calculate fiscal disparities for District No. 2-11 in accordance with Minnesota Statutes, Section 469.177, subdivision 3, clause b, which means the fiscal disparities contribution will be taken from within DistrictNo. 2-11. Section 4. Approval and Adoption of the Plan. 4.01. The Plan, as presented to the 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 Economic Development Director. 4.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the 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. 4.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of District No. 2-11, as described in the Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Hopkins 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 District No. 2-l 1, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. N:\Minnsota\HOPKINS\T~f2-1 I \city_res.wpd The motion for the adoption of the foregoing resolution was duly seconded by Council member Jensen ,and upon a vote being taken thereon, the following voted in favor thereof: Mayor Redepenning Council Member Hesch Council Member Jensen Council Member Johnson and the following voted against the same: Council Member Maxwell Dated: October 6, 1998 i Mayor (Seal) ATTEST: ~-°~ ~~ ~ City Clerk l ~~ N:\Minnsota\HOPKINS\TiR-1 l\city_res.wpd EXHIBIT A RESOLUTION # 98-061 The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-11, ("District No. 2-11 ") as required pursuant to Minnesota Statutes, Section 469.]75, Subdivision 3 are as follows: Finding that District No. 2-11 is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a) (1). DistrictNo. 2-11 consists of 11 parcels, with plansto redevelopthe area for commercial purposes. At least 70 percent of the area in the parcels in DistrictNo. 2-11 are occupied by buildings, streets, utilities, or other improvements and more than 50 percent of the buildings in DistrictNo. 2-11, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix E). 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to 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 District No. 2-11 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeablefuture: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of acquiring and redeveloping the parcels currently occupied by substandard buildings, which parcels are under multiple ownership, the limited amount ofcommercial/industrial property for expansion adjacent to the existingproject, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The increased market value of the site that could reasonable be expected to occur without the use of tax incrementfrnancing would be less than the increase in market value estimated to resultfrom the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supported this finding on the grounds that the cost of site and public improvementsand utilities add to the total redevelopment cost. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. Therefore, the City reasonably determines that no other redevelopment of any kind is anticipated on this site without substantially sim filar assistance being provided to the development. Accordingly, the increased market value anticipated without tax increment assistance is $0. A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No. 2-11 and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in District No. 2-11, the total increased market value would be up to $58,192,400. The present value oftax incrementsfrom District No. 2-11 is estimated to be $12,629,028. It is the Council's finding that no development with a market value of greater than $45,563,372 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition N : \M innsota\HOPKI NS\Ti t2- I 1 \ctty_res. wpd and public improvements in the general area of District No. 2-11 (see the Cashflows in Appendix C). 3. Finding that the Tax Increment Financing Plan for District No. 2-11 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Plan was reviewed by the Planning Commission on September29, 1998. The Planning Commission found that the Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for District No. 2-11 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The projects to be assisted by District No. 2-11 will be undertaken by private businesses, will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add high quality developments to the City. N:\Minnsota\HOPKINS\Tit2-Il\ci[y res.wpd