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08-21 Resolution No. 11528 CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Council member Regan Gonzalez introduced the following resolution and moved its adoption: RESOLUTION NO. 11528 RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA. BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the Richfield Housing and Redevelopment Authority (the "HRA") has heretofore established the Richfield Redevelopment Project Area and adopted the Redevelopment Plan therefor and established the Cedar Avenue Tax Increment Financing District and adopted the Tax Increment Financing Plan therefor. It has been proposed that the City adopt a Modification to the Tax Increment Financing Plan (the “Modification”) for the Cedar Avenue Tax Increment Financing District (the "District"), 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, inclusive as amended (the "Act") as reflected in the Modifications, and presented for the Council's consideration. 1.02. The Council has investigated the facts related to the Modification and has caused the Modification to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modification, including, but not limited to, notification of Hennepin County and Independent School District No. 280 having taxing jurisdiction over the property included in the District, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Richfield Redevelopment Project Area. 1.05. The City is modifying the boundaries by removing parcels for inclusion in Tax Increment Financing District No. 2018-1. Section 2. Decertification of Parcels from the Cedar Avenue Tax Increment Financing District 2.01. On September 26, 2006, the HRA created the District pursuant to the 2005 Special Law within the Richfield Redevelopment Project Area by approval of the Tax Increment Financing Plan for the District. Resolution No. 11528 2.02. The City desires by this resolution to amend the Tax Increment Financing Plan for the District to remove the parcels listed in Exhibit A from the District, thereby reducing the size thereof. 2.03. The City has determined that the current net tax capacity (pay 2018) of the parcels proposed to be eliminated from the District is $21,850. Since the current tax capacity is lower than the frozen tax capacity of $34,382, the City has undergone the full public hearing process pursuant to Minnesota Statutes 469.175, Subdivision 4. 2.04. The City resolves that the Tax Increment Financing Plan for the District is hereby amended to remove the described parcels and the Community Development Director is authorized and directed to notify the County Auditor thereof pursuant to Minnesota Statutes, Section 469.175, Subdivision 4, clause (b). Section 3. Findings for the Tax Increment Plan Modification 3.01. The Council hereby reaffirms the original findings for the District, namely that the when the District was established, it was established as an a "redevelopment district" under Minnesota Statutes, Section 469.174, Subdivision 10. In addition, the City makes the following findings: I. The Modification conforms to the general plan for development or redevelopment of the City as a whole. The reason for supporting this finding is that the Modification reaffirms the original finding that the District will generally complement and serve to implement policies adopted in the City's comprehensive plan. II. The Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Richfield Redevelopment Project Area by private enterprise. The reason for supporting this finding is that the City reaffirms that the development activities contemplated during the establishment of the District were necessary so that development and redevelopment by private enterprise can occur within Richfield Redevelopment Project Area. III. The development and redevelopment efforts, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. Section 4. Public Purpose 4.01. The adoption of the Modification conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up and that the adoption of the proposed Modification will help provide employment opportunities in the State and in the preservation and enhancement of the tax base of the City and the State because it will discourage commerce and industry from moving their operations to another state or municipality and thereby serves a public purpose. Section 5. Approval and Adoption of the Modification; Filing. 5.01. The Modification is hereby approved and shall be placed on file in the office of the Community Development Director. Approval of the Modification does not constitute approval of any project or a development agreement with any developer. Resolution No. 11528 5.02. The staff of the City are authorized to file the Modification with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 5.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Elliott, and upon a vote being taken thereon, the following voted in favor thereof: Council member Trautmann, Council member Garcia, and Council member Howard. and the following voted against the same: None. Resolution No. 11528 Dated: August 21,2018 ATTEST: Pat Elliott, Mayor ATTEST: , _,/s Elizabeth VanHoose, ity Clerk (Seal) Resolution No. 11528 EXHIBIT A The following parcels are being removed from the Cedar Avenue Tax Increment Financing District for inclusion in Tax Increment Financing District No. 2018-1: Base Tax 2018 Tax PIDAddressCapacityCapacityDifference 26.028.24.11.00336309 - 16th Ave. S 2,170 1,920 (250) 26.028.24.11.00346315 - 16th Ave. S. 2,290 - (2,290) 26.028.24.11.00356321 - 16th Ave. S. 2,094 1,920 (174) 26.028.24.11.00366327 - 16th Ave. S. 2,090 1,820 (270) 26.028.24.11.00376333 - 16th Ave. S. 2,094 - (2,094) 26.028.24.11.00386339 - 16th Ave. S. 2,120 1,860 (260) 26.028.24.11.00396345 - 16th Ave. S. 2,180 1,990 (190) 26.028.24.14.00046401 - 16th Ave. S. 2,073 - (2,073) 26.028.24.14.00056409 - 16th Ave. S. 2,181 - (2,181) 26.028.24.14.00066415 - 16th Ave. S. 2,140 1,900 (240) 26.028.24.14.00076421 - 16th Ave. S. 2,050 1,820 (230) 26.028.24.14.00086427 - 16th Ave. S. 2,330 2,200 (130) 26.028.24.14.00096433 - 16th Ave. S. 2,180 1,980 (200) 26.028.24.14.00106439 - 16th Ave. S. 2,580 2,350 (230) 26.028.24.14.00116445 - 16th Ave. S. 2,070 2,090 20 26.028.24.14.00036501 - 16th Ave. S. - - - 26.028.24.14.00026509 - 16th Ave. S. 1,740 - (1,740) 34,382 21,850 (12,532) Resolution No. 11528