15-71 - 09-01 - Liberty Crossing Redevelopment and TIF Resolution 15-71 September 1, 2015
Council Member Fonnest introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE REDEVELOPMENT PLAN FOR WINNETKA & MEDICINE
LAKE ROAD REDEVELOPMENT PROJECT AREA; AND ESTABLISHING TAX
INCREMENT FINANCING DISTRICT (REDEVELOPMENT), LIBERTY CROSSING,
WITHIN WINNETKA & MEDICINE LAKE ROAD REDEVELOPMENT PROJECT AREA
AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR
Be It Resolved, by the City Council (the "Council") of the City of Golden Valley,
Minnesota (the "City"), as follows:
Section 1. Recitals
1.01. The Housing and Redevelopment Authority (the "Authority") has previously
adopted a redevelopment plan (the "Project Plan") and redevelopment project under
Minnesota Statutes, Sections 469.001 to 469.047, designated as Winnetka & Medicine
Lake Road Redevelopment Project Area (the "Project Area"). The Project Plan has been
transmitted to the planning agency of the City, which has determined that the Project Plan
conforms to the general plan for the development of the City. It has been proposed that the
City adopt the Project Plan and establish Tax Increment Financing District
(Redevelopment), Liberty Crossing, (the "District") within Winnetka & Medicine Lake Road
Redevelopment Project Area and adopt a TIF Plan (the "TIF Plan") therefor (the Project
Plan and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and
in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to
469.047 and Sections 469.174 to 469.1794, all inclusive, as amended (the "Act"), all as
reflected in the Plans, and presented for the Council's consideration.
1.02. The Authority and the City have investigated the facts relating to the Plans and
have caused the Plans to be prepared.
1.03. The Authority and the City have performed all actions required by law to be
performed prior to the establishment of the Project Area and the District and the adoption
and approval of the proposed Plans, including, but not limited to, notification of Hennepin
County and Independent School District No. 281 having taxing jurisdiction over the property
to be included in the District, a review of and written comment on the Plans by the City
Planning Commission, approval of the Plans by the Authority on July 14, 2015, and the
holding of a public hearing upon published notice as required by law.
1.04. Certain written reports (the "Reports") relating to the Plans and to the activities
contemplated therein have heretofore been prepared by staff and consultants and
submitted to the Council and/or made a part of the City files and proceedings on the Plans.
The Reports include data, information and/or substantiation constituting or relating to the
basis for the other findings and determinations made in this resolution. The Council hereby
confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as
fully a part of this resolution to the same extent as if set forth in full herein.
Section 2. Findings for the Adoption and Approval of the Project Plan. On the basis of the
proposed Project Plan and the information elicited from consultation with the planning
Resolution 15-71 - continued September 1, 2015
agency and at the public hearing referred to in Section 1.03, it is hereby found, determined
and declared:
2.01. The Project Plan proposes that the City undertake certain redevelopment
activities for the purpose of encouraging the redevelopment of properties in the Project
Area.
2.02. The land in the Project Area would not be made available for development
without the financial aid to be sought since private development could not economically
develop the Project Area without the proposed development activities.
2.03. The Project Plan will afford maximum opportunity, consistent with the sound
needs of the City as a whole, for the redevelopment of the District by private enterprise.
The redevelopment activities contemplated in the Project Plan would help to retard blight in
the Project Area and provide an increase in employment and housing opportunities in the
City and enhance the tax base of the City and overlapping taxing jurisdictions.
2.04. The redevelopment activities proposed by the Project Plan conform to the
general plan for the development or redevelopment of the City as a whole. The
development activities are compatible with the City's zoning ordinances and other related
regulations and encourage efficient use of existing infrastructure as set forth in the City's
Land Use Plan.
2.05. The Project Plan provides an outline for the development or redevelopment of
the Project Area and is sufficiently complete to indicate its relationship to definite local
objectives as to appropriate land uses and to indicate general land uses and general
standards of development or redevelopment.
Section 3. Findings for the Establishment of Tax Increment Financing District
(Redevelopment), Liberty Crossing Winnetka & Medicine Lake Road Redevelopment
Project Area
3.01. The Council hereby finds that the District is in the public interest and is a
"redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1) of the
Act.
3.02. The Council further finds that (i) the proposed redevelopment would not occur
solely through private investment within the reasonably foreseeable future, (ii) 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 District permitted by the TIF
Plan, (iii) the Plans conform to the general plan for the development or redevelopment of
the City as a whole, and (iv) the Plans will afford maximum opportunity consistent with the
sound needs of the City as a whole, for the development or redevelopment of the District by
private enterprise.
3.03. The Council further finds, declares and determines that the City made the
above findings stated in this Section and has set forth the reasons and supporting facts for
each determination in writing, in Section E and Section J of the TIF Plan for the District.
Resolution 15-71 - continued September 1, 2015
Section 4. Public Purpose
4.01. The adoption of the Plans conforms in all respects to the requirements of the
Act and will help fulfill a need to develop an area of the City which is already built up, to
provide employment 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 above, 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 Plans
5.01. The Plans, as presented to the Council on this date, including without limitation
the findings and statements of objectives contained therein, are hereby approved, ratified,
established, and adopted and shall be placed on file in the office of the City Manager.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and
directed to proceed with the implementation of the Plans and to negotiate, draft, prepare
and present to this Council for its consideration all further plans, resolutions, documents
and contracts necessary for this purpose.
5.03. The Auditor of Hennepin County is requested to certify the original net tax
capacity of the District, as described in the Plans, and to certify in each year thereafter the
amount by which the original net tax capacity has increased or decreased; and the
Authority is authorized and directed to forthwith transmit this request to the County Auditor
in such form and content as the Auditor may specify, together with a list of all properties
within the District, for which building permits have been issued during the 18 months
immediately preceding the adoption of this resolution.
5.04. The City Manager is further authorized and directed to file a copy of the Plans
with the Commissioner of the Minnesota Department of Revenue and the Office of the
State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a.
Shepard M. Harris, a or
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Schmidgall and upon a vote being taken thereon, the following voted in favor thereof:
Harris, Snope, Fonnest and Schmidgall and the following voted against the same: Clausen
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.