09-10286rRESOLUTION NO. 10286
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND
ESTABLISHING THE HOUSING TAX INCREMENT FINANCING DISTRICT
2009-1(CANDLEWOOD OUTLOT) THEREIN AND ADOPTING A TAX
INCREMENT FINANCING PLAN THEREFOR.
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 of the Richfield Housing and Redevelopment Authority
(the "HRA") has heretofore established the Richfield Redevelopment Project Area and adopted a
Redevelopment Plan therefor. It Has been proposed by the HRA and the City that the City adopt a
Modification to the Redevelopment Plan for Richfield Redevelopment Project Area (the "Redevelopment
Plan Modification") and establish the Housing Tax Increment Financing District 2009-1 (Candlewood
Outlot) (the "District") therein and-adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the
Redevelopment Plan Modification 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 469.1799, all inclusive, as amended, (the "Act") all as reflected in the
Plans, and presented for the Council's consideration:
1.02. The HRA and City have investigated the facts relating to the Plans and have caused the
Plans. to be prepared.
1.03. The HRA and City have performed all actions required by law to be performed prior to
the establishment of 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. 280 having taxvng
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 HRA on August i 7, 2009, 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.
1.05. The City is not modifying the boundaries of Richfield Redevelopment Project Area, but
is however, modifying the Redevelopment Plan therefor.
Section 2. Findinss for the AdoRtion and Approval of the Plans.
2.01. The Council hereby finds that the Plans are intended and, in the judgment of this Council,
the effect of such actions will be, to provide an impetus for development in the public interest and
accomplish certain objectives as specified in the Plans, which are hereby incorporated herein:
Section 3. Findings for the Establishment of the Housing Tax Increment Financing District 2009-1
(Candlewood Outlot).
3.OI. The Council hereby finds that the Housing Tax Increment Financing District 2009-1
(Candlewood Outlot) is in the public interest and is a "housing district" under Minnesota Statutes, Section
469.174, Subd. 11 of the Act.
3.02. The Council further finds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future that the Plans conform to the general plan for
the development or redevelopment of the City as a whole; and that 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 Ends, 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,
attached hereto as Exhibit A.
Section 4. Public Purpose.
4.01. The adoption of the Plans conform in all respects to the requirements of the Act and will
help fulfill a need for affordable housing in the City, to provide housing opportunities for senior which
may not otherwise be provided, and thereby serves a public purpose. For the reasons described in Exhibit
A, 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. Annroval 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 Community Development Director.
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 Richfield Housing and Redevelopment
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 Community Development Director 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.
Approved by the Richfield City Council this the 8th day of September, 2009.
ATTEST:
(Seal)