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HomeMy WebLinkAboutResolution - 97-36 - Development Dist. No. 1 & TIF Dist. 1-7; Amendments to the Development Program & TIF Plans - 03/18/1997 After some discussion,Councilmember Case introduced the following resolution and moved its adoption: RESOLUTION NO. 97-36 RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1, 2, 3, 4, 5, 6 AND 7; ADOPTING AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1.- Recitals. 1.01. On September 22, 1981, this Council designated under Minnesota Statutes, Sections 469.124 to 469.134, as amended, certain land within the City as Development District No. 1 (the "Development District") and adopted a Development Program therefor. The Development Program was subsequently amended by this Council on March 30, 1982, May 17, 1983, April 17, 1990, April 7, 1992, May 19, 1992 and September 7, 1993 (as so amended, the "Original Program"). Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "Act"), this Council has established Tax Increment Financing Districts Nos. 1, 2, 3, 4, 5, 6 and 7 (collectively, the "Districts") within the Development District and has adopted and in some cases amended Tax Increment Financing Plans therefor(as originally adopted or, if amended, as so amended, the "Original Plans") on the dates indicated below: Tax Increment Date of Adoption Tax Increment Date of Adoption District No. or Modification District No. or Modification 1 9/22/81; modified 5 5/17/83; modified 3/20/82, 5/17/83 4/17/90, 4/7/92, 4/7/92, 5/19/92 5/19/92 and 9/7/93 and 9/7/93 2 3/20/82; modified 6 8/16/83; modified 5/17/83, 4/17/90, 4/17/90, 4/7/92, 4/7/92, 5/19/92 5/19/92 and 9/7/93 and 9/7/93 3 11/16/82; modified 7 4/17/84; modified 5/17/83, 4/17/90, 4/17/90, 4/7/92, 4/7/92, 5/19/92 5/19/92 and 9/7/93 and 9/7/93 4 3/15/83; modified 5/17/83, 4/17/90, 4/7/92, 5/19/92 and 9/7/93 1.02. It has been proposed that the City further amend its Development Program (the "Program Amendment") in order to authorize additional development activities to be undertaken by the City and private developers in the Development District and to amend the Original Plans (the "Plan Amendment") to provide for the payment of some of the administrative costs associated with the development activities authorized by the Program Amendment within the Development District. The Program Amendment has been transmitted to the planning agency of the City, which has determined that the Original Program as amended and supplemented by the Program Amendment (as so amended and supplemented, the "Program") conforms to the general plan for the development of the City. 1.03. Pursuant to Minnesota Statutes, Sections 469.126 and 469.175,the adoption of the Program Amendment and Plan Amendment is for the consideration of this Council. On February 18, 1997, this Council conducted a public hearing on the desirability of adopting the Program Amendment and the Plan Amendment. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City on January 30, 1997. 1.04. Members of the Board of County Commissioners of Hennepin County,the Board of Education of Independent School District No. 272 and the Board of Education of Independent District No. 287 were given an opportunity to meet with the City and comment on the Plan Amendment. At least 30 days before the public hearing the City provided the county and the school district boards with information on the fiscal and economic implications of the Plan. Section 2. Adoption of Program Amendment. On the basis of the proposed Program Amendment prepared by officers of the City and the information elicited from consultation with the planning agency and at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01. The Council hereby ratifies and confirms its determination that there is a need for new development in the area of the City encompassed by the Development District to provide employment opportunities, to improve the tax base and to improve the general economy of the state. The Council hereby finds that the proposed development activities to be undertaken in the Development District pursuant to the Program Amendment would improve the Development District by encouraging development of property therein,thereby increasing employment and the tax base of the City and overlapping tax jurisdictions. It is in the best interests of the City to adopt the Program Amendment. 2.02. Upon review of the Program, the information elicited from the planning agency and at the public hearing, and on the basis of the findings made in Section 2.01, this Council hereby adopts the Program Amendment and orders that it be placed on file in the office of the City Clerk. Section 3. Approval of Plan Amendment. On the basis of the Plan Amendment and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 3.01. The Plan Amendment provides the means to finance the costs of the development activities to be undertaken in the Development District pursuant to the Program Amendment. The Original Plans, as amended and supplemented by the Plan Amendment (as so amended and supplemented, the "Plans") contain a statement of objectives for the improvement of the Development District, a statement as to the development program for the respective District and a statement of the property within the Development District which the City intends to acquire. The Plans also estimate the capital and administrative costs of the Development District, the amount of bonded indebtedness to be incurred, the sources of revenues to finance or otherwise pay public costs of the respective District, the captured net tax capacity of the respective District at completion and the duration of the District. The Plans also describe and identify the development activities to be undertaken or expected to be undertaken in each District. The Plan Amendment further contains an estimate of the impact of the proposed tax increment financing on the tax capacities of all taxing jurisdictions in which each District is located. All the captured tax capacity is necessary for the objectives of each District. 3.02. This Council hereby finds that the proposed development of the Development District to be encouraged pursuant to the Program Amendment would not, in the opinion of this Council,occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. The development activities to be undertaken in the Development District are necessary in order to permit additional development to occur within the Development District. 3.03. This Council hereby finds that the Plans conform to the general plan for the development of the City as a whole. Under the general plan for the development of the City the Districts are zoned so as to permit the uses proposed by the Program Amendment. 3.04. This Council hereby ratifies and confirms that the Plan Amendment will afford maximum opportunity,consistent with the sound needs of the City as a whole, for the development of each of the Districts by private enterprise. The development activities contemplated in the Program Amendment would provide an opportunity for a significant increase in employment opportunities in the City and enhance the tax base of the City. 3.05. Upon review of the Plans,the information elicited at the public hearing and on the basis of the findings in Sections 3.01 to 3.04,this Council hereby approves the Plan Amendment. Section 4. Filin. The Finance Director/Clerk is hereby authorized and directed to file the Program Amendment and the Plan Amendment with the Commissioner of Revenue as required by Minnesota Statutes, Section 469.175, Subdivision 2. Adopted this 18th day of March, 9 7. Mayor Attest: r mane Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Tyra-Lukens , and upon vote being taken thereon, the following voted in favor thereof. Harris, Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and the following voted against the same: whereupon the resolution declared duly passed and adopted and was signed by the Mayor,whose signature was attested by the Finance Director/Clerk.