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HomeMy WebLinkAboutResolution - 2011-105 - Amendment #3 to TIF District 10 - 12/06/2011 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011-105 A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 WHEREAS, the City previously approved a redevelopment plan (the "Project Plan") and redevelopment project of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority"), under Minnesota Statutes, Sections 469.001 to 469.047 (the "Project Plan"), designated as Prairie Village Redevelopment Project Area No. 2 (the "Redevelopment Project"); and WHEREAS,the City previously approved a tax increment financing plan and interest rate reduction program of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799, designated as Amended Tax Increment Plan/Interest Rate Reduction Program for Tax Increment Financing District No. 10 (the"Financing Plan"'). The Financing Plan established Tax Increment Financing District No. 10 (the"TIF District"). WHEREAS, the Authority is proposing Amendment No. 3 to the Financing Plan (the "Amended Financing Plan") to increase the budget of the TIF District pursuant to and in accordance with the Act; and WHEREAS, the Board of the Authority, on December 6, 2011, adopted the Amended Financing Plan, subject to approval by this City Council following a public hearing as described below, and transmitted the Amended Financing Plan to this City Council for consideration; and WHEREAS, members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and the Authority and comment on the Amended Financing Plan. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, this Council, on December 6, 2011, conducted a public hearing on the desirability of approving the Amended Financing Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on November 24, 2011. The City and the Authority have [not] received written comments on the Amended Financing Plan from the County and the School District after providing the County and the School District boards with information on the fiscal and economic implications of the Amended Financing Plan not less than 30 days before the date of the public hearing. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AS FOLLOWS: Section 1. Approval of Amended Financing Plan. On the basis of the Amended Financing Plan and the information elicited at the public hearing referred to herein, it is hereby found,determined and declared that: (a) The District consists of a"project" as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. Based on the information in the Amended Financing Plan and representations of the developer, the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title 11 of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of Iow or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes, Section 469.174, subdivision 11. (b) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary. (c) The Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. (d) The Amended Financing Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise. (e) Upon review of the Amended Financing Plan, the information elicited at the public hearing and on the basis of the findings in(a)through (d) above,this Council hereby approves the Amended Financing Plan. Section 2. Filing. The City Clerk is hereby authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue and the Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the City Council of Eden Prairie this 6th day of December, 2411. ncy a-L ens r ATTEST: Kat een Porta, City Clerk