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HomeMy WebLinkAboutres_10581EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE, MINNESOTA HELD: December 17, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, Ramsey County, Minnesota, was duly called and held at the City Hall in the City on Monday, the 17th day of December, 2007, at 6:00 o'clock P.M., for the purpose in part of adopting an amendment by supplement to the tax increment financing plan for Tax Increment Financing District No. 1 and to the development program for Development District No. 1, redevelopment plan for the Redevelopment Project Area and Industrial Development District No. 1 plan. The following members were present: Kough, Roe, Ihlan, Pust and Klausing and the following were absent: none. Member Roe introduced the following resolution and moved its adoption: RESOLUTION NO. 10581 RESOLUTION ADOPTING AMENDMENT BY SUPPLEMENT TO VARIOUS PLANS AND PROGRAMS WHEREAS, the City of Roseville, Minnesota (the "City"), has caused to be prepared a document entitled "Amendment by Supplement to Tax Increment Financing Plan for Tax Increment Financing District No. 1 and to Development Program for Development District No. 1, Redevelopment Plan for Redevelopment Project Area and Industrial Development District No. 1 Plan" (which document is herein referred to as the "Program and Plans") attached hereto as Exhibit A and hereby incorporated herein; and WHEREAS, pursuant to the Program and Plans the City proposes to continue to undertake a development program in Development District No. 1, redevelopment in the Redevelopment Project Area, and redevelopment in Industrial Development District No. 1, to be financed in part by tax increments from Tax Increment Financing District No. 1 (the "Tax Increment District") established by the City; and WHEREAS, the Tax Increment District first received tax increments in 1984 and is permitted by law to receive tax increments through 2009; and 2116002v3 WHEREAS, the City has long planned to terminate the Tax Increment District in 2007, and has reported to the State that its "date of required decertification" is December 31, 2007; and WHEREAS, the City can find no record of taking any official action to shorten the duration of the Tax Increment District, but as a change in its long-planned earlier termination wishes to confirm the duration of the Tax Increment District through the full period provided by law, and to provide for use of the tax increments received in 2008 and 2009; and WHEREAS, Minnesota Statutes, Section 469.176, Subdivision 4, provides a general rule for the expenditure of tax increments to pay costs of redevelopment pursuant to the Minnesota Port Authorities Act, and to pay public redevelopment costs pursuant to the Minnesota Housing and Redevelopment Authorities Act, and to pay the capital and administration costs of a development district under the Minnesota City Development District Act; and WHEREAS, the City is entitled to spend for the purposes noted above because it has heretofore established its Development District No. 1, Redevelopment Project Area and Industrial Development District No. 1 under such laws as "projects" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 8, of the Minnesota Tax Increment Financing Act; and WHEREAS, under (1) the Minnesota City Development District Act, Minnesota Statutes, Sections 469.124 through 469.134, (2) the Minnesota Housing and Redevelopment Authorities Act, Minnesota Statutes, Sections 469.001 through 469.047, and (3) the Minnesota Port Authorities Act, Minnesota Statutes, Sections 469.048 through 469.068 and 469.082 (collectively, the "Enabling Act"), the City will undertake activities in furtherance of the development program for Development District No. 1, of the redevelopment of the Redevelopment Project Area, and of the redevelopment of Industrial Development District No. 1; and WHEREAS, the City wishes to amend by supplement the development program for Development District No. 1, the redevelopment plan for the Redevelopment Project Area, and the plan for Industrial Development District No. 1, in order to undertake development and redevelopment which is necessary and desirable to the full development and redevelopment of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1, as set forth in the Program and Plans (the "Development Program"); and WHEREAS, the City's development activities in Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 will require financial support from the City, and the City wishes to utilize tax increments as the primary source for such support from the Tax Increment District in Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1, all pursuant to the provisions of the amendment by supplement to the tax increment financing plan for the Tax Increment District set forth in the Program and Plans (the "Tax Increment Plan"); and 2116002v3 2 WHEREAS, it is desirable and in the public interest that the City undertake and carry out the Development Program and Tax Increment Plan as set forth in the amendment by supplement; and WHEREAS, the Program and Plans set forth the City's estimate of the fiscal and economic impact of the amendment by supplement to the Tax Increment Plan on the net tax capacities of all taxing jurisdictions in which the Tax Increment District is located; and WHEREAS, the City Council of the City has conducted a public hearing on approval of the Program and Plans on December 17, 2007, to review the Program and Plans, which set forth both the Development Program and the Tax Increment Plan after publishing timely notice of a public hearing on the Program and Plans (together with a map of the project areas and the Tax Increment District) in the official newspaper of the City, and has solicited public comments on the same, as required by Minnesota Statutes, Sections 469.028, Subdivision 1, 469.126, Subdivision 1, and 469.175, Subdivision 3; and WHEREAS, the County Auditor of Ramsey County, Minnesota, and the Clerk of the School Board of Independent School District Number 621, Minnesota, have been notified at least 30 days prior to the date hereof of the public hearing for the City's review of the Program and Plans, and with such notice were supplied with a draft of the Program and Plans; and WHEREAS, the Development Program has been submitted to the Roseville Planning Commission for its review and comment prior to the hearing held by the City Council of the City, and the City has received the written consultation of the Roseville Planning Commission, as provided by Minnesota Statutes, Sections 469.028, Subdivision 1, and 469.126, Subdivision 1: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEVILLE, MINNESOTA, AS FOLLOWS: 1. Need for Development. It is hereby found and determined that there is a need for the development activities in Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 stated in the Development Program. 2. Purpose of Development. It is hereby found and determined that the amendment by supplement set forth in the Development Program will serve the public purposes set forth in the Program and Plans and carry out the objectives of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 set forth in the Program and Plans. 3. Adoption of Development Prog~. The Development Program set forth in the Program and Plans, having been duly reviewed and considered, is hereby adopted and approved. 4. Need for Tax Increment Financing. The City finds and determines that there is a need for the activities of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 to be financed in part by tax increments from the Tax Increment District. a i i6oo2~3 3 5. Use of Tax Increments. The City finds and determines that the activities to be financed by the tax increments from the Tax Increment District will carry out the objectives of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 set forth in the Development Program. 6. Public Purpose. The provisions for the development and redevelopment of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 are in the public interest of the City and the expenditures of revenues of the Tax Increment District are for a public purpose. 7. Adoption of Tax Increment Plan Amendments. The Tax Increment Plan amendment by supplement set forth in the Program and Plans, having been duly reviewed and considered, is hereby approved and adopted. The duration of the Tax Increment District is hereby determined to be, and confirmed to be, December 31, 2009. If the City has taken action earlier to limit such duration to an earlier date, such earlier action is hereby repealed and the duration of the Tax Increment District is hereby extended to December 31, 2009. 8. Required Findings for Tax Increment Plan Amendments. The City hereby makes the following findings required to be made by the City in approving the amendment by supplement to the Tax Increment Plan: (1) the Tax Increment District is a redevelopment district; and (2) the development and redevelopment proposed for the Tax Increment District, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future; and (3) the City need not find 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 Tax Increment District permitted by the Tax Increment Plan; and (4) the Tax Increment Plan conforms to the general plan for the development or redevelopment of the City as a whole; and (5) the Tax Increment Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development and redevelopment of Development District No. 1, the Redevelopment Project Area and Industrial Development District No. 1 by private enterprise; and (6) the City confirms its past election of a method of computation of tax increments under Minnesota Statutes, Section 469.177, Subdivision 3, clause (b). The reasons and supporting facts for each of the above findings and determinations are set forth on Exhibit B attached hereto and by this reference incorporated herein as if stated fully herein, and are hereby confirmed, approved and adopted. 2116002v3 4 9. Filing. The Clerk is hereby directed to file a copy of the Program and Plans with the Commissioner of Revenue and State Auditor within 60 days after the date of adoption of this resolution. 10. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 11. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Passed and adopted by the Council of the City of Roseville this 17th day of December, 2007. Approved this 17th day of December, 2007. APPROVED BY: ATTEST: - ~ aig D. Klausing, May Willi J. Malinen, City Manager The motion for the adoption of the foregoing resolution was duly seconded by Member Kough and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Kough, Roe, Pust and Klausing and the following voted against the same: Ihlan. Whereupon said resolution was declared duly passed and adopted. 2116002v3 5 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ROSEVILLE I, the undersigned, being the duly qualified and acting Clerk of the City of Roseville, Minnesota (the "City"), by reason of my office as City Manager, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's adoption of the amendment by supplement to the Development Program for Development District No. 1, Redevelopment Plan for the Redevelopment Project Area, plan for Industrial Development District No. 1 and tax increment financing plan for Tax Increment Financing District No. 1. WITNESS my hand and the seal of the City this ~~lay of 2007. ~ti Wi liam Malinen, City Manager (SEAL) 2116002v3 EXHIBIT A Amendment by Supplement 2116002x3 A- I EXHIBIT B REASONS AND SUPPORTING FACTS FOR DETERMINATIONS RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 OF THE CITY OF ROSEVILLE, MIlVNESOTA December 17, 2007 Minnesota Statutes, Section 469.175, Subdivisions 3 and 4, require that a municipality make certain findings before or at the time of approval of certain amendments to a tax increment financing plan, and that the municipality set forth in writing the reasons and supporting facts for each determination. Those reasons and supporting facts for the amendment by supplement to the Tax Increment Financing Plan for Tax Increment Financing District No. 1 (the "District") of the City of Roseville, Minnesota (the "City"), are set forth here. 1. Type of District. The City has found that the District is a redevelopment district. The reasons and supporting facts for this determination are as follows: The District is a tax increment financing district which consists of a contiguous geographic area within Development District No. 1, the Redevelopment Project Area, and Industrial Development District No. 1, all established by the City, in which the City will undertake development and redevelopment activities, which district when established met the requirements found in the definition of a "redevelopment district". 2. But-For Test. The City has found that the proposed development and redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The City need not find 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 Tax Increment District permitted by the Tax Increment Plan. The reasons and supporting facts for this determination are as follows: (1) The proposed development and redevelopment includes environmental remediation and construction of facilities. (2) This development and redevelopment would not occur in the reasonably foreseeable future solely through private investment because of the high costs thereof. (3) In the absence of tax increment financing, the City expects that the property in the District would continue to be underutilized for some time. 2116002v3 B_1 3. Conformity to General Plan. The City has found that the District conforms to the general plan for the development or redevelopment of the City as a whole. The reasons and supporting facts for this determination are as follows: (1) The comprehensive plan contemplates that the property in the District should have a commercial or residential use. (2) The comprehensive plan seeks to encourage commercial or residential use of the District. 4. Private Ente rise. The City has found that the tax increment financing plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the project by private enterprise. The reasons and supporting facts for this determination are as follows: (1) The sound needs of the City as a whole include the provision of commercial or residential facilities, and the tax increment financing plan for the District promotes the development of such facilities. (2) Private enterprise will develop the facilities with the aid of tax increment financing. 5. Fiscal Disparities Election. The City has found that the election of tax increment computation under the fiscal disparities law is confirmed. The reasons and supporting facts for this determination are as follows: The City is in Ramsey County, and the fiscal disparities provisions of Minnesota Statutes, Chapter 473F, are applicable to such county. The City has heretofore elected the computation method of Minnesota Statutes, Section 469.177, Subdivision 3, clause (b), and does not change such election. 2116002v3 B_2