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2012-087 Modification of TIF Plan District 2-11CITY OF HOPKINS HENNEPIN COUNTY STATE OF MINNESOTA Council member Halverson introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-087 RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINACNING DISTRICT NO. 2-11, WITHIN REDEVELOPMENT PROJECT NO. 1. BE IT RESOLVED by the City Council ("Council") of the City of Hopkins, Minnesota ("City"), as follows: Section 1. Recitals 1.01 The Board of Commissioners ("Board") of the Hopkins Housing and Redevelopment Authority ("HRA") has heretofore established Redevelopment Project No. 1 (the "Project Area") and adopted a Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 2-11 (the "Modification), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modification, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modification and have caused the Modification to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modification, including, but not limited to, notification of Hennepin County and Independent School District No. 270, having taxing jurisdiction over the property in the TIF District, a review of and written comment on the Modifications by the City Planning Commission on October 22, 2012, approval of the Modification by the HRA on November 7, 2012 and the holding of a public hearing upon published notice as required by law. Notice of the public hearing was published in the Hopkins - Minnetonka Sun Sailor, the official newspaper of the City, on October 25, 2012. 1.05. The City is modifying the boundaries of the TIF District to decertify parcel numbers 19-117-21-33-0027 and 25-117-22-12-0008. 1.06. The City is not extending the duration of the TIF District, but is clarifying the term of the District pursuant to Laws of Minnesota 2003, Chapter 127, Article 10, Section 31. The extension of the term is to 30 years after the receipt of the first increment by the City (terminates December 31, 2029). Section 2. Findings for the Modification to the TIF Plan 2.01 The Council hereby reaffirms the original findings for the TIF District, namely that when it was established, it was established as a "redevelopment district". Resolution No. 2012-087 -2- 2.02 The modification to the TIF Plan is being completed to decertify two parcels from the District, update the TIF Plan to incorporate special legislation approved in 2003 and 2008, which extended the term of the District by 4 years (2003) and clarified what TIF dollars could be spent outside the boundaries of the District (2008), update the budget to reflect actual increment to date and expected through the term of the District and update the TIF Plan to be in conformance with the OSA reporting requirements. 2.03 The modification to the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole. The fact supporting this finding is that the modification to the TIF Plan will generally complement and serve to implement policies adopted in the City's comprehensive plan. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 2.04 The modification to the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The facts supporting this finding are that the modification to the TIF Plan will continue the redevelopment by private enterprise that has been stimulated under the original plan for the TIF District. 2.05 The Council further finds that the future redevelopment, in the opinion of the City, 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 4. Public Pumose 4.01. The adoption of the Modification conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up, to provide employment opportunities, to provide housing 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 Section 3, 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 this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Modification 5.01. The Modification, as presented to the Council on this date, is hereby approved, ratified, adopted and shall be placed on file in the office of the City Manager. 5.02. The staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further Modifications, resolutions, documents and contracts necessary for this purpose. Approval of the Modification does not constitute approval of any project or a Development Agreement with any developer. 5.03. The City Manager is authorized and directed to forward a copy of the Modification to the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to M.S., Section 469.175, Subd. 4a. Resolution No. 2012-087 -3- 5.04. The City Manager is further authorized and directed to file a copy of the Modification with the Hennepin County Auditor. The motion for the adoption of the foregoing resolution was duly seconded by Council member Gadd, and upon a vote being taken thereon, the following voted in favor thereof: Mayor Maxwell Council member Halverson Council member Cummings Council member Gadd Council member Youakim and the following voted against the same: None Dated: November 7, 2012 Eugene Max 1, Mayor (Seal) ATTEST: A / It Mike o on, City Manager