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6.a. Public Hearing for Property Tax Abatement Related to Public Infrastructure Improvements; Harkess (CR2015-046)April 7, 2015 City Council Report 2015-046 PUBLIC HEARING FOR PROPERTY TAX ABATEMENT RELATED TO PUBLIC INFRASTRUCTURE IMPROVEMENTS Proposed Action Staff recommends approval of the following motion: Adopt Resolution 2015-035 approving property tax abatement related to public infrastructure improvements in the City of Hopkins. Adoption of this motion will result in moving forward with selling bonds to aid in the reconstruction of various municipal parking lots and renovation of Cottageville Park. Overview The City is moving forward with the process to make necessary improvements to the above referenced projects in the amount of approximately $3 million. The City has the authority under Minnesota Statute 469 to issue Abatement Bonds for the improvements. To meet the City’s financing parameters, it is anticipated that the City will issue abatement bonds with a 20-year term. The City can grant tax abatement for this term if the School District or County declines to participate in the abatement, which is typical of these entities for park and municipal parking lot improvement projects. The City will be submitting a resolution declining to participate in the abatement project to the School Board for their review and consideration at their April 23, 2015 meeting. In order to grant tax abatement for a public improvement, the City is required to hold a public hearing on the amount of the abatement to be granted, identify the properties from which they will abate the City’s portion of the taxes and describe the public purpose for granting the abatement. The public purpose and the required findings are outlined in the attached resolution. The affected parcels are shown on the two accompanying maps along with the project area. All parcels were listed in the public notice as required by Statute and are located in the vicinity of the improvements being completed. These parcels were selected since they were the larger tax payers in the immediate area, were not currently located in a TIF district and are not likely to be included in a future TIF district. Primary Issues None Staff Recommendation Staff recommends approval of the resolution and further recommends, along with the City’s financial advisor, that we ask for a rating from Standard & Poors for the issue. The cost of the rating will be paid with bond proceeds. Supporting Information Resolution No. 2015-035 Map of parking lot projects & abated parcels Map of Cottageville Park and & abated parcels Financial Impact: $ 2,970,000 bond proceeds Budgeted: Y/N Yes ______________________________ Source: Bond Funds Christine M. Harkess, CPA, CGFM Related Documents: CIP Finance Director Notes: STREET MAIN Legend 2ND STRET ESOUT H 2015_Municiple_Parking_Lot_Improvements Parcel_2015B_Abatement_Bonds ABBIELAN E Legend Cottageville_Park_Parcels Cottageville_Park_Parcels Parcel_2015B_Abatement_Bonds CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2015-035 RESOLUTION APPROVING PROPERTY TAX ABATEMENT RELATED TO PUBLIC INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF HOPKINS 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 City has contemplated granting a property tax abatement in order to aid in the reconstruction of various municipal parking lots and renovation of Cottageville Park in the City (the “Project”), which will benefit certain property in the City, all pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the “Act”). 1.02. Pursuant to Section 469.1813, subdivision 1 of the Act, the City may grant an abatement of all or a portion of the taxes imposed by the City on a parcel of property to pay for all or part of the cost of acquisition or construction of public facilities and to finance or provide public infrastructure, whether or not located on or adjacent to the parcel for which the tax is abated. 1.03. The City has identified five parcels located in the City, identified in EXHIBIT A hereto (the “Abatement Property”), which will be benefitted by the Project and from which the City proposes to abate a portion of the City’s share of taxes to help finance the Project, subject to all the terms and conditions of this resolution (the “Abatement”). The Abatement Property is not located in a tax increment financing district. 1.04. The City intends to issue its general obligation tax abatement bonds in the approximate aggregate principal amount of $2,970,000 (the “Abatement Bonds”) to pay the costs of the Project pursuant to the Act. The Abatement Bonds are expected to be paid primarily through the collection of Abatement revenues. 1.05. On the date hereof, the Council conducted a duly noticed public hearing on the Abatement at which the views of all interested persons were heard. Section 2. Findings. 2.01. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement for the following reasons: (a) The Abatement will help finance the Project, which is necessary to finance or provide public infrastructure in a way that will strengthen the local economy, preserve natural resources, and ensure a high quality of life for residents of the City. (b) The Project will help preserve and increase the value of the Abatement Property, thereby helping to generate additional City tax revenues over the long term after the expiration of the Abatement. 459070v1 JAE HP110-90 2.02. It is hereby found and determined that the Abatement is in the public interest for the following reasons: (a) The Abatement will increase or preserve tax base by stimulating development and helping to maintain values in the area, as set forth above. (b) The Abatement will finance or provide public infrastructure, which will protect the general health and welfare of the community and contribute to the quality of life in the City by maintaining public infrastructure and facilities in proper working order. (d) The Abatement will provide access to better-quality parks to residents of the City. Section 3. Actions Ratified; Abatement Approved. 3.01. The Council hereby ratifies all actions of the City’s staff and consultants in arranging for approval of this resolution in accordance with the Act. 3.02. Subject to the provisions of the 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 land and improvements on 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 all of the principal of and a portion of the interest on the Abatement Bonds, up to a maximum of $3,000,000. (ii) Notwithstanding anything to the contrary herein, the Abatement payable on any August 1 and subsequent February 1, combined, will not exceed the amount produced by extending the City’s total tax rate for the applicable year against the tax capacity of the Abatement Property, as of January 2 in the prior year. (iii) 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 10% of the City’s levy for that year or $200,000 (the “Abatement Volume Cap”). The City may grant any other abatements permitted under the Act after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Cap, the allocation of Abatement Cap to such other abatements is subordinate to the Abatements under this resolution. (b) The Abatement will be for a term of twenty (20) years, and the City will pay the Abatement in semiannual installments each August 1 and February 1, commencing August 1, 2016, and continuing through August 1, 2035. 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). 459070v1 JAE HP110-90 2 (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 Act. (d) In accordance with Section 469.1815 of the 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. 3.03. The Mayor and City Administrator are authorized and directed to execute and deliver any agreements, certificates or other documents that the City determines are necessary to implement this resolution. th Approved by the City Council of the City of Hopkins, Minnesota, this 7 day of April, 2015. Eugene J. Maxwell, Mayor Attest: Amy Domeier, City Clerk 459070v1 JAE HP110-90 3 EXHIBIT A ABATEMENT PROPERTY Parcel Identification Numbers: tL5ʹ ЋЍΏЊЊАΏЋЋΏЍЌΏЉЊАЏtL5ʹ ЊВΏЊЊАΏЋЊΏЊЋΏЉЉЋЊtL5ʹ ЊВΏЊЊАΏЋЊΏЊЌΏЉЉЉБ tL5ʹ ЋЍΏЊЊАΏЋЋΏЍЌΏЉЊАЋtL5ʹ ЋЍΏЊЊАΏЋЋΏЌЍΏЉЋЍЎ A-1 459070v1 JAE HP110-90