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HomeMy WebLinkAbout2016-075 Council ResolutionCITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 16-75 RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-12 AND A MODIFIED DEVELOPMENT PLAN FOR DEVELOPMENT DISTRICT NO.1 WHEREAS, the City of Lino Lakes, Minnesota (the "City") and the Lino Lakes Economic Development Authority (the "Authority") have established, and the Authority administers, Development District No. 1 (the "Development District") located within the City and have caused to be created a Development Plan (the "Development Plan") therefor, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the "EDA Act"); and WHEREAS, within the Development District the City and the Authority have created certain tax increment financing districts pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "TIF Act"); and WHEREAS, the City and the Authority have determined to modify the Development Plan for the Development District and approve a tax increment financing plan (the "TIF Plan") relating to the creation of a new tax increment financing district within the Development District designated as the Tax Increment Financing (Economic Development) District No. 1-12 (the "TIF District"), all as described in a plan document presented to the City Council of the City (the "City Council") on the date hereof; and WHEREAS, the City and the Authority have determined to consider an additional modification of the Development Plan to expand the boundaries of the Development District to be coterminous with the City' s boundaries; and WHEREAS, the TIF Plan was, in accordance with the III- Act, referred to the Lino Lakes Planning and Zoning Board (the "Planning and Zoning Board") and by resolution adopted by the Board of Commissioners of the Planning and Zoning Board on July 13, 2016, the Planning and Zoning Board found that the TIF Plan conforms to the general plan for the development of the City as a whole; and WHEREAS, pursuant to Section 469.175, subdivision 2 of the TIF Act, the proposed TIF Plan and the estimates of the fiscal and economic implications of the TIF Plan were presented to the School Board of Independent School District No. 12 and to the County Board of Commissioners of Anoka County, Minnesota; and WHEREAS, on the date hereof, the City Council conducted a public hearing relating to the modified Development Plan, the TIF Plan, and the establishment of the 111• District, at the views of all interested parties were heard at the public hearing; and WHEREAS, the City Council has reviewed the contents of the modified Development Plan and the 1'11• Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: Section 1. Findings; Development District. The City Council approves the modified Development Plan, including the expansion of the boundaries of the Development District to be coterminous with the boundaries of the City, and specifically finds that: (a) the land within the Development 1 483318v1 JAE LN140-116 L District as expanded would not be available for development without the fmancial aid to be sought under the modified Development Plan; (b) the Development Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Development District by private enterprise; and (c) the Development Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 2. Findings; TIF District. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development District, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the TIF District and the Development District. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of 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 TIF Plan. 2.03. The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the 1'11 District and the Development District in terms of development intensity, employment opportunities, and tax base. 2.04. The TIF Plan conforms to the general plan for development of the City as a whole. 2.05. The 111 Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Development District by private enterprise. 2.06. The TIF District is an economic development district under Section 469.174, subdivision 12 of the TIF Act. 2.07. Reasons and facts supporting all the above findings are set forth in the 1lr Plan and are incorporated herein by reference. The City Council has also relied upon the reports and recommendations of its staff and consultants, as well as the personal knowledge of members of the City Council, in reaching its conclusions regarding the III' Plan. Section 3. Public Purpose. The adoption of the TIF Plan conforms in all respects to the requirements of the TIF Act. The TIF Plan will help facilitate development that will retain an existing business in the City, retain jobs within the City, and increase the tax base. The City expressly fords that the tax increment assistance is provided solely to make the development financially feasible and thus produce the public benefits described. Therefore, the City finds that the public benefits of the TIF Plan exceed any private benefits. 483318v1 JAELN140-116 2 Section 4. Approvals; Further Proceedings 4.01. The 1'11 Plan for the TIF District and the modified Development Program for Development District No. 1 are hereby approved and adopted in substantially the form on file at City Hall. 4.02. The City Council hereby transmits the TIF Plan and the modified Development Program to the Board of Commissioners of the Authority (the "Board") and recommends that the Board adopt the TIF Plan and the modified Development Program. 4.03. Upon approval of the 1'J} Plan and the modified Development Plan by the Board, the Authority is authorized and directed to file a request for certification of the TIF District with the County Auditor of Anoka County, Minnesota and to file a copy of the modified Development Plan and the TIF Plan with the Minnesota Commissioner of Revenue as required by the TIF Act. Adopted by the Council of the City of Lino Lakes this 25th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Rafferty, Maher The following voted against same: none A MST: Juli., e Bartell, Ci i Cler 3 483318v1 JAELN140-116 Jeff Reinert, CITY COUNCIL AGENDA ITEM 6A (i) STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: July 25, 2016 TOPIC: Consider Resolution No. 16-75, Approving Tax Increment Financing Plan for District 1-12 and a Modified Plan for Development District No. 1 VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the Tax Increment Financing Plan for District 1-12 and a Modified Plan for Development District No. 1. BACKGROUND United Properties is proposing to develop 56 Acre area parcel as the Clearwater Creek Business Park. The developer is currently working with a warehouse/distribution company to construct a 402,000 square foot facility on approximately 30 acres of the park. The project will include a 2,100 -foot extension of 21' Avenue. The developer has submitted an application for public assistance to offset infrastructure and soil correction costs associated with the site development. The proposed public assistance would be provided in the form of Tax Increment Financing (TIF). The establishment of a Tax Increment Financing (TIF) District requires the preparation of a TIF plan and review by both the school district and county. No comments were received from Centennial School District or Anoka County. The Planning and Zoning Board, on July 13, 2016, determined that the proposed TIF Plan was consistent with the Comprehensive Plan. A public hearing must be held prior to City Council consideration to establish a district. Tax Increment Financing (TIF) Plan The TIF plan provides the framework for the use of tax increment for development purposes. The plan includes the statutory authorization, purpose and objectives of the district. The City/EDA are proposing to establish an Economic Development District. The maximum duration of the district is 8 years from the date of receipt of the first increment. The primarily purpose of the district is to aid in the construction of the proposed warehousing/distribution facility. Tax increment is intended to be used to offset costs related to soil corrections, site improvements and public street and utility improvements. The project will include the extension of 21' Avenue which is identified as a collector street in the City's Comprehensive Plan. The plan includes the City's findings that, in our opinion, due to extraordinary costs associated with the project including poor soils, street extension, creek crossing, and flood mitigation, the project would not be reasonably expected to occur solely through private investment. The estimated public costs eligible for reimbursement from tax increment total $2,603,627. Tax increment revenues generated from the development are expected to equal this amount. Approval of the plan and determination of eligible costs does not obligate the City/EDA to any specific district duration or amount of assistance. The determination of any specific assistance package will be part of a separate contract for development. The EDA will be holding a public hearing following the City Council meeting to consider a business subsidy in the amount of $1,200,000 for the proposed development. Modified Program for Development District No. 1 The City has previously determined there to be a need to offer assistance to encourage development of the area of the community established as Development District No. 1. The City established District No. 1 in 1987. The boundaries where last expanded in 1997 in connection with TIF District 1-8. The City/EDA have previously created 11 TIF Districts within the Development District. The purpose of the modification is to acknowledge the intent to create TIF District 1-12, create a TIF Plan to assist with the development of the warehousing facility and to modify the boundaries to match the corporate limits. Representatives from Springsted Inc., the City's financial consultant, and Kennedy & Graven, the City's Development Counsel will be present at the meeting to address any City Council questions. RECOMMENDATION Staff recommends approval of Resolution No. 16-75 ATTACHMENTS 1. Resolution No. 16-75 2. Springsted Summary Memo 3. Tax Increment Financing Plan for District 1-12 4. Development Program for Development District No. 1