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City Council Resolution 1994-37Councilmember Warren Smith introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 94-37 A RESOLUTION RELATING TO THE MODIFICATION, BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, OF THE REDEVELOPMENT PLAN RELATING TO REDEVELOPMENT PROJECT NO. 1, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS RELATING TO TAX INCREMENT FINANCING DISTRICTS NO. 1-1 THROUGH 1-17, AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-18, ALL LOCATED WITHIN REDEVELOPMENT PROJECT NO. 1, AND THE APPROVAL AND ADOPTION OF THE TAX INCREMENT FINANCING PLANS RELATING THERETO. BE IT RESOLVED, by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed and adopted by the Housing and Redevelopment Authority (the "Authority") in and for the City that the Authority modify, by increased Project costs and enlarged geographic area, Redevelopment Project No. 1, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended. It has been further proposed and adopted by the Authority that the Authority modify the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1- 1 through 1-17, and establish Tax Increment Financing District No. 1-18, located within Redevelopment Project No. 1, and approve the Tax Increment Financing Plans relating thereto, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended. -1- Resolution 94-37 1.02. The Authority has caused to be prepared and this Council has investigated the facts with respect thereto, a proposed Modified Redevelopment Plan (The "Modified Redevelopment Plan") for Redevelopment Project No. 1, defining more precisely the increased Project costs and enlarged geographic area to be made to Redevelopment Project No. 1, the proposed Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 through 1-17, and the proposed Tax Increment Financing Plan (the "Tax Increment Financing Plan") for Tax Increment Financing District No. 1-18 (collectively referred to as the "Plans"). 1.03. The Authority and the City have performed all actions required by law to be performed prior to the modification of Redevelopment Project No. 1, the modification of Tax Increment Financing Districts No. 1-1 through 1-17 and the establishment of Tax Increment Financing District No. 1-18 and the adoption of the Plans relating thereto, including, but not limited to, notification to Wright County, Independent School District No. 882 and the Monticello -Big Lake Community Hospital, having jurisdiction over the property to be included in Tax Increment Financing District No. 1-18 and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Authority hereby determines that it is necessary and in the best interest of the City at this time to modify Redevelopment Project No. 1, to modify Tax Increment Financing Districts No. 1-1 through 1-17, and to establish Tax Increment Financing District No. 1-18 and approve the Plans relating thereto, contingent upon execution of the Redevelopment and Assessment Agreements by and between the Housing and Redevelopment Authority of the City of Monticello and Residential Development Inc. Section 2. Findings for the Modification of Redevelopment Project No. 1, Modification of Tax Increment Financing Districts No. 1-1 through 1-17, and the Establishment of Tax Increment Financing District No. 1-18. 2.01. The Council hereby finds, determines and declares that the modification of Tax Increment Financing Districts No. 1-1 through 1-17 and the establishment of Tax Increment Financing District No. 1-18, all located within Redevelopment Project No. 1, is intended and, in the judgement of the -2- Resolution 94-37 Council, its effect will be, to further provide an impetus for commercial and industrial development, increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 through 1-18. 2.02. The Council hereby finds that Tax Increment Financing District No. 1-18 does meet the requirements of a Soils Condition District in that it consists of any project, or any portions of a project which the Authority and City finds to be in the public interest because: (a) Unusual terrain, the presence of hazardous substances, pollution or contaminants, or soil deficiencies for 80 percent of the acreage in the district require substantial filling, grading, removal, or remedial action, or other physical preparation for use; or (b) The estimated cost of the physical preparation under clause (1), but excluding costs directly related to roads as defined in section 160.01 and local improvements as described in sections 429.021, subdivision 1, clauses (1) to (7), (11), and (12), and 430.01, exceeds the fair market value of the land before completion of the preparation. 2.03. The Council finds, determines and declares that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of Tax Increment Financing is deemed necessary. 2.04. The Council finds, determines, and declares that the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 1-18 will afford maximum opportunity and be consistent with the sound needs of the City as a whole for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. 2.05. The Council further finds, determines and declares that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. —3— Resolution 94-37 2.06. The Council determines and declares that Redevelopment Project No. 1 is hereby modified, that Tax Increment Financing Districts No. 1-1 through 1-17, are hereby modified and that Tax Increment Financing District No. 1-18 is hereby adopted, contingent upon the execution of the Redevelopment and Assessment Agreements by and between the Housing and Redevelopment Authority of the City of Monticello and Residential Development, Inc. Section 3. Adoption of Respective Plans. 3.01. The respective Plans presented to the Council on this date are hereby approved, contingent upon execution of the Redevelopment and Assessment Agreements by and between the Housing and Redevelopment Authority of the City of Monticello and Residential Development, Inc. and shall be placed on file in the office of the City Administrator. Section 4. Implementation of the Modified Redevelopment Plan and Modified Tax Increment Financing Plans. 4.01. The officers of the City, the City's financial advisor, underwriter and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of the respective Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary to accomplish this purpose. —4— Resolution 94-37 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Shirley Anderson , and upon vote being taken thereon, the following voted in favor thereof: Warren Smith, Shirley Anderson, Brad Fyle And the following voted against the same: Clint Herbst, Dan Blonigen Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the Dated: November 28, 1994 Attest:C12ZA City Admi 'strator (SEAL) —5— EXHIBIT A TO RESOLUTION NO. 94-37 The reasons and facts supporting the findings for the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-18 as required, pursuant to Minnesota Statutes, Section 469.175, Subd. 3, are as follows: 1) Finding that Tax Increment Financing District No. 1-18 is a "Soils Condition District" as defined in Minnesota Statutes, Section 469.174, Subd. 19. Tax Increment Financing District No. 1-18 consists of two parcels which do not meet the requirements of a redevelopment district, mined underground space development district, housing district or economic development district. The Authority and the City find Tax Increment Financing District No. 1-18 to be in the public interest because: (a) Unusual terrain, the presence of hazardous substances, pollution or contaminants, or soil deficiencies for 80 percent of the acreage in the district require substantial filling, grading, removal, or remedial action, or other physical preparation for use; or (b) The estimated cost of the physical preparation under clause (1), but excluding costs directly related to roads as defined in section 160.01 and local improvements as described in sections 429.021, subdivision 1, clauses (1) to (7), (11) , and (12), and 430.01, exceeds the fair market value of the land before completion of the preparation. 2) Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonable foreseeable future, and therefore, the use of Tax Increment Financing is deemed necessary. City staff has reviewed the costs for this development. Due to the high cost of soil correction and site preparation, the project would not be financially feasible without the City's assistance. CUM Exhibit to Resolution 94-37 3) Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 1-18 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Redevelopment Project No. 1 by private enterprise. The project to be developed, which will be located within Tax Increment Financing District No. 1-18, consists of the development of 83 single-family homes, 96 twin -family homes and, 2 commercial lots. This project is expected to begin in 1996 and be substantially completed by January 2, 1999. 4) Finding regarding the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subd. 3, Clause (b), if applicable. The Council does not elect the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subd. 3, Clause (b). 5) Finding regarding duration of Tax Increment Financing District No. 1-18. The duration of Tax Increment Financing District No. 1-18 will be twelve (12) years from the original approval of the Tax Increment Financing Plan. Pursuant to Minnesota Statutes, Section 469.177, Subd. 3, the City requests 100 percent of the available increase in assessed value for current expenditures. -7-