City Council Resolution 2022-14CITY OF MONTICELLO, MINNESOTA
RESOLUTION NO. 2022-14
RESOLUTION APPROVING THE ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 1-42 (HEADWATERS APARTMENT PROJECT) WITHIN CENTRAL
MONTICELLO REDEVELOPMENT PROJECT NO. 1; AND THE ADOPTION OF THE
TAX INCREMENT FINANCING PLAN RELATING THERETO
WHEREAS, the City of Monticello Economic Development Authority (the "EDA") has
requested that the City of Monticello, Minnesota (the "City") create Tax Increment Financing
District No. 1-42 (the "TIF District") within the Central Monticello Redevelopment Project No. 1
(the "Project") and adopt a tax increment financing plan therefor (the "TIF Plan"), pursuant to
Minnesota Statutes, Sections 469.090 to 469.1081, as amended, and 469.174 to 469.1794, as
amended (collectively, the "Act"); and
WHEREAS, the City and EDA have investigated the facts relating to the proposed TIF
District and have caused the TIF Plan for the TIF District to be prepared; and
WHEREAS, except for approval of the TIF District by the Board of Commissioners of the
EDA, the City and its consultants have performed all actions required by law to be performed
prior to the establishment of the TIF District and the adoption and approval of the proposed TIF
Plan, including, but not limited to, notification of the commissioner of Wright County, Minnesota
("Wright County') representing the area included in the TIF District, notification of Wright County
and Independent School District No. 882, and approval of the TIF Plan by the City's planning
commission; and
WHEREAS, on the date hereof, the City Council of the City conducted a public hearing
relating to the TIF Plan and the establishment of the TIF District, at the views of all interested
parties were heard at the public hearing; and
WHEREAS, certain written materials and information (collectively, the "Materials")
relating to the TIF Plan 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 TIF Plan. The Materials include data, information, an application,
project sources and uses, and other information supplied by Headwaters Development LLC, or
an entity related thereto or affiliated therewith (the "Developer") as to the activities
contemplated therein, and information constituting or relating to (1) why the assistance
satisfies the so-called "but for" test and (2) the bases for the other findings and determinations
made in this resolution. The Council hereby confirms, ratifies, and adopts the Materials, 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; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello
as follows:
1. Tax Increment Financing District No. 1-42. The City hereby approves the
establishment of the TIF District within the Project, the boundaries of which are
described in Section 2.03.2 and Exhibit V of the TIF Plan.
2. Tax Increment Financing Plan. The TIF Plan is adopted as the tax increment
financing plan for the TIF District and is incorporated herein by reference, and the
City Council makes the following findings consistent with the TIF Plan:
(a) The TIF District is a "housing district" within the meaning of Section 469.174,
Subdivision 11 of the Act, as described in Section 2.03.3 of the TIF Plan, because
(i) it consists of a project, or portions of a project, intended for occupancy, in
part, by persons or families of low and moderate income as defined in Chapter
462A, Title II 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; and any other similar present or future federal, state,
or municipal legislation or the regulations promulgated under any of those acts,
and (ii) no more than 20% of the square footage of buildings that will receive
assistance from tax increments within the TIF District will consist of commercial,
retail, or other nonresidential uses.
(b) In the opinion of the City Council, the development proposed in connection with
establishment of the TIF District would not occur solely through private
investment within the reasonably foreseeable future, and the increased market
value of the site that could reasonably be expected to occur without the use of
tax increment financing ("TIF Assistance") 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 TIF District as described in the TIF Plan.
The above finding is based on a request for tax increment assistance to the City
submitted by the Developer, stating that the TIF Assistance is needed from the
City and that without the use of tax increment financing, the proposed
development could not proceed.
The City also finds that in the Materials the Developer has demonstrated that the
proposed use of tax increment financing is needed to offset the high
construction costs of high-quality low to moderate income housing and
associated infrastructure required to support the facility. Without the proposed
assistance, these initial up -front costs would make it infeasible for the Developer
to be able to charge the affordable rates required for low to moderate income
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residents. Due to the high construction costs of quality housing and the required
associated infrastructure, and the limitation on rents available to developers of
housing with an affordable component, the City has no expectation that other
similar development would occur without TIF Assistance. Therefore, the City
reasonably believes that the expected increase in market value at this site
without TIF Assistance would be minimal. A comparative analysis of estimated
market values both with and without establishment of the TIF District and the
use of tax increments has been performed. Such analysis is included as Exhibit
to the TIF Plan and is incorporated herein by reference.
(c) The TIF Plan for the TIF District conforms to the general plan for development or
redevelopment of the City as a whole as determined by the City's planning
commission.
(d) The TIF Plan will afford maximum opportunity, consistent with the sound needs
of the City as a whole, for the development or redevelopment of the TIF District
by private enterprise. Through the implementation of the TIF Plan, the City will
provide an impetus for construction of multifamily housing for seniors by a
private developer on currently underdeveloped and underutilized land, thereby
increasing housing options in the City and encouraging potential further
development of the surrounding properties by other private developers within
the Project.
(e) The provisions of this Section 1 are hereby incorporated by reference into and
made a part of the TIF Plan. Background information and facts supporting all the
above findings are set forth in the TIF Plan which is hereby incorporated by
reference into and made a part of this resolution.
3. Public Purpose. The adoption of the TIF Plan conforms in all respects to the
requirements of the Act and will help fulfill a need to develop an underutilized area
of the City, eliminate blighting factors, to provide increased housing options to City
residents, to provide affordable housing for seniors in the City, to improve the tax
base, and to improve the general economy of the State, and thereby serves a public
purpose.
4. Certification. Subject to approval of the TIF Plan by the Board of Commissioners of
the EDA, the TIF District is hereby established and the TIF Plan, as presented to the
City Council on this date, including without limitation the findings and statements of
objectives contained therein, is hereby approved, ratified, established, and adopted
and shall be placed on file in the office of the City Finance Director. Approval of the
TIF Plan does not constitute approval of any project or a development agreement
with any developer. City and EDA staff and consultants are authorized and directed
to proceed with implementation of the TIF Plan and to transmit the request for
certification of the TIF District to the Wright County Auditor in such form and
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content as the County Auditor may specify. The Wright County Auditor is requested
to certify the original net tax capacity of the TIF District as described in the TIF Plan,
and to certify in each year thereafter the amount by which the original net tax
capacity has increased or decreased in accordance with the Act.
5. Filing. The City Administrator is authorized and directed to file copies of the TIF Plan
with the Commissioner of Revenue and Office of the State Auditor.
Approved by the City Council of the City of Monticello, Minnesota on February 14, 2022.
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Mayo
ATTEST:
C)CIiClerk
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