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Res 2013-27 RESOLUTION NO. 2013-27 A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. NOS. 6-7, 9, 11-13 AND 16-21 TO REFLECT INCREASED GEOGRAPHIC AREA, INCREASED PROJECT COSTS AND INCREASED BONDING AUTHORITY WITHIN REDEVELOPMENT PROJECT NO. 1, CREATING TAX INCREMENT FINANCING DISTRICT NO. 22 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council approve and adopt the proposed modifications to its Redevelopment Plan for Redevelopment Project No. 1 (the “Project Area”) reflecting increased geographic area, increased project costs and increased bonding authority, pursuant to and in accordance with Laws of Minnesota 2008, Chapter 154, Article 9, Section 23, Laws of Minnesota 2008, Chapter 366, Article 5, Section 23 and Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing Plans") for Tax Increment Financing Districts Nos. 6-7, 9, 11-13 and 16-21(the "Existing Districts") reflecting increased project costs and increased bonding authority within the Project Area, pursuant to and in accordance with Laws of Minnesota 2008, Chapter 154, Article 9, Section 23, Laws of Minnesota 2008, Chapter 366, Article 5, Section 23 and Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed by the Authority that the Council approve the creation of proposed Tax Increment Financing District No. 22 (the “Proposed District”) and adopt the proposed Tax Increment Financing Plan (the “Proposed Plan”) relating thereto, pursuant to and in accordance with Laws of Minnesota 2008, Chapter 154, Article 9, Section 23, Laws of Minnesota 2008, Chapter 366, Article 5, Section 23 and Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented from time to time. 1.04. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a modified Redevelopment Plan for the Project Area and modified Existing Plans for the Existing Districts reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area and the Proposed Plan for the Proposed District, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereto. Resolution 2013-27 Page 2 1.05. The Council has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Redevelopment Plan and Existing Plans and the approval and adoption of the Proposed Plan. 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt the modifications to the Redevelopment Plan and Existing Plans reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area, to create the Proposed District and to approve and adopt the Proposed Plan relating thereto. Section 2. General Findings. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the modified Redevelopment Plan, modified Existing Plans and the Proposed Plan (collectively, the “Plans”) are necessary to assure the development and redevelopment of the Project Area. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit A to this Resolution. Section 3. Specific Findings for the Redevelopment District. 3.01. The Council hereby finds, determines and declares that the Redevelopment District constitutes a “tax increment financing district” as defined in Minnesota Statutes, Section 469.174, Subd. 9, and further constitutes a “redevelopment district” as provided for in Laws of Minnesota 2008, Chapter 154, Article 9, Section 23 and Laws of Minnesota 2008, Chapter 366, Article 5, Section 23. 3.02. The Council hereby finds, determines and declares that the proposed development or redevelopment in the Redevelopment District, in the opinion of this Council, would not Resolution 2013-27 Page 3 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. 3.03. The Council hereby finds, determines and declares that the increased market value of a project not receiving tax increment assistance would be less than the increased market value of a project receiving tax increment assistance after deducting the present value of projected tax increments for the maximum duration of the Redevelopment District. 3.04. The Council hereby finds, determines and declares that the expenditure of tax increment within the Redevelopment District serves primarily a public purpose. 3.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit B to this Resolution. Section 4. Approvals and Adoptions. 4.01. The modifications to the Redevelopment Plan reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.02. The modifications to the Existing Plans reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.03. The creation of the Proposed District within the Project Area and the adoption of the Proposed Plan relating thereto are hereby approved by the Council of the City. Section 5. Filing of Plans. 5.01. Upon its approval and adoption of the modified Redevelopment Plan for the Project Area, the City shall cause said Redevelopment Plan to be filed with the Minnesota Department of Revenue, the Office of the State Auditor, and Anoka County. 5.02. Upon its approval and adoption of the Redevelopment Plan for the Redevelopment District, the City shall cause said Redevelopment District Plan to be filed with the Minnesota Department of Revenue, the Office of the State Auditor, and Anoka County. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MAY 2013. ______________________________ SCOTT J. LUND - MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution 2013-27 Page 4 CERTIFICATION I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. 2013-27 passed by the City Council on the 6TH day of MAY 2013. ___________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution 2013-27 Page 5 EXHIBIT A – GENERAL FINDINGS The reasons and facts supporting the findings for the modification of the Plans for the Project Area, Existing Districts and Proposed Districts pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the assistance to be provided through the adoption and implementation of the Plans is necessary to assure the development and redevelopment of the Project Area. The tax increment assistance resulting from the implementation of the Plans is necessary for the proposed project to proceed. Please refer to Exhibit XXIV-D of the Redevelopment Plan. 2. Finding that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City’s Comprehensive Plan. The Council has reviewed the Plans and has determined that they are consistent with the City's comprehensive plan. 3. Finding that the Plans afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development and redevelopment of the Project Area by private enterprise, and it is contemplated that the development or redevelopment thereof will be carried out pursuant to development contracts with private developers. Please refer to the attached Exhibit B for specific information relating to the Proposed District. 4. Finding that the approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the public purposes and accomplish the objectives specified in the Plans. The tax increment that will be generated due to the approval and adoption of the Plans will assist in financing the public improvements and eligible expenses as detailed in the Plans. Resolution 2013-27 Page 6 EXHIBIT B – SPECIFIC FINDINGS FOR THE REDEVELOPMENT DISTRICT In addition to the findings included in Exhibit A, the reasons and facts supporting the additional findings for the Redevelopment Plan for the Redevelopment District pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the Redevelopment District is a "redevelopment district" as defined in Minnesota Statutes. The parcels comprising the Redevelopment District (referred to as the Northstar Transit Station District) are indentified in Laws of Minnesota 2008, Chapter 154, Article 9, Section 23 and Laws of Minnesota 2008, Chapter 366, Article 5, Section 23 (the “Special Laws”). Section 23(b) of the Special Laws provides as follows: The requirements for qualifying a redevelopment tax increment district under Minnesota Statutes, section 469.174, subdivision 10, do no apply to the parcels located within the Northstar Transit Station District, which are deemed eligible for inclusion in a redevelopment tax increment district. 2. Finding that the proposed development or redevelopment, in the opinion of the Council, 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. Development activities proposed to occur in the Redevelopment District includes Transit Oriented Development (“TOD”) including land acquisition, demolition of buildings, remediation of the Site and the construction of approximately 134,192 square feet of office/warehouse, 300,000 square feet of office, 16,000 square feet of retail, 396 rental housing units and 366 owner occupied housing units. City and HRA staff have reviewed the estimated development costs and the available methods of financing and have determined that tax increment assistance is necessary to make TOD economically feasible and to allow redevelopment to proceed at this time and in the foreseeable future. 3. Finding that the increased market value of a project not receiving tax increment financing assistance would be less than the increased market value of a project receiving tax increment financing assistance after deducting the present value of the projected tax increments for the maximum duration of the Redevelopment District. The original market value of the Redevelopment District is approximately $70.0 M. City staff has determined that without tax increment assistance only the property adjacent to I-694 would be developed within the foreseeable future with an increased market value of approximately $14.0 M. Resolution 2013-27 Page 7 City staff has further determined that with tax increment assistance and with an emphasis on TOD it is possible to construct approximately 134,192 square feet of office/warehouse, 300,000 square feet of office, 16,000 square feet of retail, 396 rental housing units and 366 owner occupied housing units. After deducting the original market value of $70.0 M from the estimated market value of $208.0 M, City staff has further determined that the increased market value that could reasonably be expected to occur from a project receiving tax increment assistance would be approximately $138.0 M. City staff has further determined that the total amount of tax increment generated over the 26 year term of the Redevelopment District approximates $94.0 M. Assuming the same term and a present value rate of 5.0%, the present value of $94.0 M approximates $46.0 M. After deducting the present value of the tax increment ($46.0 M) from the increase in estimated market value occurring as a result of utilizing tax increment assistance ($138.0 M), the net increase in estimated market values approximates $92.0 M. City staff has further determined that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing ($14.0 M) is less than the increased market value of the site occurring with the use of tax increment financing after subtracting the present value of the projected tax increments for the maximum duration of the Redevelopment District ($92.0 M). Further information supporting this Finding is attached as Schedule 1. 4. Finding that expenditure of tax increment serves a primarily public purpose. The expenditure of tax increment is not intended as a private benefit and any such benefit is incidental. Public benefits resulting from the proposed project include (i) an increase in the State and City tax bases, (ii) the acquisition and redevelopment of property which is not now in its highest or best use, (iii) demolition and removal of existing substandard and blighted structures, (iv) remediation of contaminated property, and (v) development of infrastructure to facilitate TOD. Resolution 2013-27 Page 8 SCHEDULE 1 TO EXHIBIT B – NUMERICAL “BUT FOR” ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITHOUT TIF ASSISTANCE Without tax increment assistance the freeway parcels would be developed within the foreseeable future for approximately 268,000 square feet of office/warehouse. Estimated Market Value ........................................................................ $ 84.0 M Original Market Value .......................................................................... $ 70.0 M Increased Market Value......................................................................... $ 14.0 M ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITH TIF ASSISTANCE With tax increment assistance it is proposed that approximately 134,192 square feet of office/warehouse, 300,000 square feet of office, 16,000 square feet of retail, 396 rental housing units and 366 owner occupied housing units will be constructed. Estimated Market Value ........................................................................ $ 208.0 M Original Market Value .......................................................................... $ 70.0 M Increased Market Value......................................................................... $ 138.0 M Less: Present Value of the Tax Increment generated at 5.0% for the duration of the Proposed Redevelopment District ................................... $ 46.0 M Net Increased Market Value .................................................................. $ 92.0 M MMB: 4848-0870-5555, v. 1