HomeMy WebLinkAboutResolution No. 575-06 CITY OF ROCHESTER
COUNTY OF OLMSTED
STATE OF MINNESOTA /�
RESOLUTION NO. 1150 4W
RESOLUTION APPROVING A DEVELOPMENT DISTRICT
AND DEVELOPMENT PROGRAM THEREFOR
AND APPROVING A TAX INCREMENT FINANCING DISTRICT
AND A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the Common Council (the "Council") of the City of Rochester,
Minnesota(the "City"), as follows:
Section 1. Recitals.
1.01. It has been proposed that the City establish its Development District No. 35 (the
"Development District"); adopt the Development Program for the Development District; and
establish Tax Increment Financing District No. 35-1 within the Development District and adopt
the related Tax Increment Financing Plan therefor(collectively, the "Plans"); all pursuant to and
in conformity with applicable law, including Minnesota Statutes, Sections 469.124 through
469.134 and Sections 469.174 through 469.1799, as amended; all as reflected in that certain
document entitled in part "Development District No. 35 of the City of Rochester, Minnesota,"
• dated November 6, 2006, and presented for the Council's consideration.
1.02. The Council has investigated the facts relating to the Plans.
1.03. The City has performed all actions required by law to be performed prior to the
adoption and approval of the Plans, including but not limited to notice to the County
Commissioner representing the area of the County to be included in the Tax Increment Financing
District No. 35, and 30 days prior delivery of the Plans to the County and School Boards, a
review of the Plans by the Rochester Planning and Zoning Commission, and the holding of a
public hearing by the City thereon following notice thereof published in the City's official
newspaper at least 10 but not more than 30 days prior to the public hearing.
1.04. Certain written reports and other documentation(collectively, the "Reports")
relating to the Plans, including the tax increment application made and other information
supplied by Castleview Apartments Limited Partnership, a Minnesota limited partnership (the
"Company") and to the activities contemplated therein, have heretofore been assembled or
prepared by staff or others 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 (1) the "studies and analyses" on why the new Tax Increment District
meets 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 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.
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• Section 2. Findings for the Adoption and Approval of the Plans.
2.01. The Council hereby finds that Tax Increment Financing District No. 35-1 is in the
public interest and is a "housing district" within the meaning,of Minnesota Statutes, Section
469.174, Subdivision 11,because the proposed project is an approximately 32 unit multi-family
rental housing development (the "Development"), of which not less than 40% of the rental units
will be available for persons whose incomes do not exceed 60% of area median income, all as
represented by the Company. Such tax increment assistance as may hereafter be approved by the
City for the Development shall be used solely to finance the Development, as required by
Minnesota Statutes, Section 469.176, Subdivision 4d, and the Development shall without
limitation be required to meet the applicable income limitations provided in Minnesota Statutes,
Section 469.1761.
2.02. The Common Council hereby makes the following additional findings in
connection with the Tax Increment District:
(a) The Common Council further finds that the proposed development, in the
opinion of the Common Council,would not occur solely through private investment
within the reasonably foreseeable future and, therefore, the use of tax increment financing
is deemed necessary. The specific basis for such finding being:
The property on which the housing project will occur would not be
developed in the reasonably foreseeable future because of the
• infrastructure costs and environmental expenses. The developer
has represented that it could not proceed with the housing project
without tax increment assistance.
(b) The Common Council further finds that the Tax Increment Financing Plan
conforms to the general plan for the development or redevelopment of the City as a
whole. The specific basis for such finding being:
The Tax Increment Financing Plan will generally compliment and
serve to implement policies adopted in the City's comprehensive
plan. The housing development contemplated on the property is in
accordance with the existing zoning for the property. The existing
building located in the Tax Increment District is obsolete and
dilapidated.
(c) The Common Council further finds that the Tax Increment Financing Plan
will afford maximum opportunity consistent with the sound needs of the City as a whole
for the development of the Tax Increment Financing District by private enterprise. The
specific basis for such finding being:
The proposed development to occur within the Tax Increment
Financing District will alleviate a shortage of decent, safe and
sanitary housing for low income individuals. The development
will increase the taxable market valuation of the City.
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• (d) For purposes of compliance with Minnesota Statutes, Section 469.175,
Subdivision 3(2), the City Council hereby finds that the increased market value of the
property to be developed within the Tax Increment District that could reasonably be
expected to occur without the use of tax increment financing is $0,which is less than the
increased market value estimated to result from the proposed development (i.e.,
$2,752,100) after subtracting the present value of the projected tax increments for the
maximum duration of the Tax Increment Financing District (i.e., approximately
$500,000). In making these findings, the City Council has noted that the property has not
been redeveloped for many years and would likely remain so if tax increment financing is
not available. Thus,the use of tax increment financing will be a positive net gain to the
City, the School District, and the County, and the tax increment assistance does not
exceed the benefit which will be derived therefrom.
2.03. The provisions of this Section 2.02 are hereby incorporated by reference into and
made a part of the Tax Increment Financing Plan.
2.04. The Council further finds that the Program and Plan are intended and in the
judgment of the Council their effect will be to promote the public purposes and accomplish the
objectives specified in the Tax Increment Financing Plan for the TIF District and the
Development Program for the Development District.
Section 3. Approval and Adoption of the Program and Plan, Policy on Interfund
Loans and Advances.
• 3.01. The Program and Plan, 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 City Clerk. City
staff shall, in writing, request the Olmsted County Auditor to certify the new TIF District.
3.02. The Council hereby approves a policy on interfund loans or advances ("Loans")
for this Tax Increment District, as follows:
(a) The authorized tax increment eligible costs (including without limitation
out-of-pocket administrative expenses) payable from the District, as its TIF Plan is
originally adopted or may be amended,may need to be financed on a short-term and/or
long-term basis via one or more Loans, as may be determined by the City Finance
Director from time to time.
(b) The Loans may be advanced if and as needed from available monies in the
City's general fund or other City fund designated by the City Finance Director. Loans
may be structured as draw-down or "line of credit" obligations of the lending fund(s).
(c) Neither the maximum principal amount of any one Loan nor the aggregate
principal amount of all Loans may exceed the adopted and, if applicable, amended TIF
Plan budget for the Tax Increment District.
• (d) The maximum term of any Loan shall not exceed the lesser of the
statutory duration limit of the Tax Increment District or such earlier date as the City
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• Finance Director may specify in writing. All Loans may be pre-paid, in whole or in part,
whether from tax increment revenue, TIF bond proceeds or other eligible sources.
(e) The outstanding and unpaid principal amount of each Loan shall bear
interest at the rate prescribed by the statute (Minnesota Statutes, Section 469.178,
Subdivision 7),which is the greater of the rates specified under Sections 270.75 or
549.09 at the time a Loan, or any part of it,is first made, subject to the right of the City
Finance Director to specify a lower rate (but not less than the City's then-current average
investment return for similar amount and term).
(f) Such Loans within the above guidelines are pre-approved. The Loans
need not take any particular form and may be undocumented, except that the City
Finance Director shall maintain all necessary or applicable data on the Loans.
PASSED AND ADOPTED BY THE CO N COUNCIL OF THE CITY OF
ROCHESTER,MINNESOTA, THIS 6TH DAY N VEMBER, 200 .
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLE
Approved this 7�h day of November, 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
•
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Councilmember bob N o i C..k 6 moved the adoption of the foregoing
resolution, which motion was duly seconded by Councilmember MoxC i g MarCowr ,
and upon vote being taken thereon, the following Councilmembers voted in favor thereof:
day)-Son _ L°ounCilm-tTnbers Av �3►�nlc�,r , ► +(err;
Y`�otre;e��llarceu� , 'SaIlOva tiYl' ay)s , 3O6 Mows-lc,,
and the following Councilmembers voted against the same:
�ot1-e,
whereupon said resolution was declared duly passed on adopted.
•
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CITY CLERK'S CERTIFICATE
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Rochester, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and
foregoing extract of minutes of a duly called and regularly held meeting of the Common Council
of said City held on November 6, 2006, with the original minutes thereof on file in my office and
I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes
relate to the tax increment and related actions referenced therein with respect to the City's
Development District No. 35 and Tax Increment Financing District No. 35-1 therein.
WITNESS My hand this day of November, 2006.
City Clerk
Rochester,Minnesota
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