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HomeMy WebLinkAbout02-116 RESOLUTION 02-116 RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1-1 AND 1-2 MOTION BY: Petersen SECOND BY: Zieska RECITALS WHEREAS: The City Council for the City of Prior Lake (the "City") has heretofore established Development District No. 1 and adopted the Development Plan therefor and established Tax Increment Financing Districts No. 1-1 and No. 1-2 (the "Districts") and adopted Tax Increment Financing Plans (the "Plans") therefor. It has been proposed that the City adopt a Modification to the Tax Increment Financing Plans (the "Modification") for the District; all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.00 through 469.047 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Modification, and presented for the Council's consideration. Generally, the substantive changes to the Tax Increment Financing Plans include an administrative modification to the Plans' budget line items. This modification will not increase the Plans' total budget. The purpose of this modification is to ensure the Modification's budget accurately reflects the project expenditures. The boundaries of Tax Increment Financing Districts No. 1-1 and No. 1-2 are not being modified. WHEREAS: The Council has investigated the facts relating to the Modification. WHEREAS: The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modification. Because of the nature of this Modification, and because this Modification does not entail an enlargement of geographic area, an increase in the amount of bonded indebtedness, an increase to the amount of interest on debt, an increase in the portion of the captured net tax capacity, or an increase in the total estimated tax increment expenditures, this Modification is not subject to a public hearing requirement. The City Council hereby makes the following Findings for the Approval of the Modification 1. The Council hereby finds that the Modification is intended and, in the judgment of this Council, the effect of such actions will be: (i) to provide an impetus for commercial development ; (ii) to increase employment; and (iii) to provide such other facilities and improvements as shall further the objectives in the Plan and Minnesota Statutes Sections 469.090 through 469.1081. 2. The Council hereby reaffirms the original findings for Tax Increment Financing Districts No. 1-1 and No. 1-2 as modified herein, namely: that the Districts are in the public interest and are "redevelopment districts" under Minnesota Statutes, Section 469.174, subd. 10 AN EQUAL OPPORTUNITY EMPLOYER (a)(2); that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future, that the increased market value on 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 Tax Increment Financing Plans; that the Modification conforms to the general plan for the development or redevelopment of the City as a whole; and that the Modification will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. 3. The Council hereby finds that the Modification, is intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Modification, which is hereby incorporated herein. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The above recitals are incorporated herein as if fully set forth. 2. The Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 and No. 1-2 are hereby approved, and shall be placed on file in the office of the City Clerk/Treasurer. Approval of the Modification does not constitute approval of any project or a Development Agreement with any developer. 3. The staff of the City is authorized to file the Modification with the State Department of Revenue and the Scott County Auditor. 4. 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 plans, resolutions, documents and contracts necessary for this purpose. Passed and adopted this 15th day of July, 2002. YES NO Haugen X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Petersen Zieska X Zieska Frank Boy~s, City Manager R:LRESOLUTI~PLANRESX2002\02- 116.doc Appendix A Budget Modifications RgaV,.ESOLUTI~PLANRESX2002\02-116.doc