HomeMy WebLinkAbout1999-034 CCRMember Kay I-asman introduced the following resolution and
moved its adoption:
RESOLUTION NO. 99-34
RESOLUTION APPROVING THE ESTABLISHMENT OF TAX INCREMENT
FINANCING (SOILS CONDITION) DISTRICT NO. 4, AND THE ADOPTION OF A
TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota
(the "City") as follows:
Section 1. Recitals.
1.01. The Economic Development Authority in and for the City of Brooklyn Center (the
"Authority") has asked the City Council to approve the establishment of Tax. Increment Financing
(Soils Condition) District No. 4 and adoption of a Tax Increment Financing Plan therefor, all pursuant
to and in accordance with Minnesota Statutes, Sections 469.090 to 469.123, both inclusive and
Sections 469.174 to 469.179, both inclusive, as amended.
1.02. The Authority has performed all actions required by law to be performed prior to the
establishment of Tax Increment Financing (Soils Condition) District No. 4 and the adoption of a Tax
Increment Plan therefor, including, but not limited to, notification of Hennepin County and
Independent School District Number 281 which have taxing jurisdiction over the property to be
included in Tax Increment Financing (Soils Condition) District No. 4, and has requested that the City
approve the adoption of the Tax Increment Financing Plan and the establishment of Tax Increment
Financing (Soils Condition) District No. 4 following the holding of a public hearing upon published
and mailed notice as required by law.
Section 2. Findings for the Establishment of Tax Increment Financing (Soils Condition)
District No. 4 and Adontion of a Tax. Tncrenne ttSnancin¢ Plan therefor.
2.01 The City Council hereby finds that the establishment of Tax Increment Financing (Soils
Condition) District No. 4 and adoption of a Tax Increment Plan therefor, are intended and, in the
judgment of the City Council, its effect will be, to provide an impetus for the removal and remediation
of hazardous substances on certain land in the City, which will allow for development of new
manufacturing facilities and will increase employment and otherwise promote certain public purposes
and accomplish certain objectives as specified in the Tax Increment Financing Plan.
2.02 The City Council hereby finds that Tax Increment Financing (Soils Condition) District
No. 4 qualifies as a "soils condition district" within the meaning of Minnesota Statutes, Section
469.174, Subdivision 19, for the following reasons:
1 1.
(1) The presence of hazardous substances, pollution, or contaminants requires
removal or remedial action for use, and
RESOLUTION NO. 99-34
(2) The estimated cost of the proposed removal and remedial action exceeds the
fair market value of the land before capitalization of the preparation.
The reasons and supporting facts for the above findings are found in the Developer's Response Action
Plan dated October 30, 1998.
2.03 The City Council hereby makes the following findings:
(a) The City Council further finds that the proposed development, in the
opinion of the City 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 presence of hazardous substances on property in the Tax Increment
District makes the use of tax increment financing necessary to assist in the
removal and remediation efforts in order to allow new development from the
private sector.
(b) The City 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 facilities to
be contemplated are manufacturing developments which comply with the
existing zoning for the property.
(c) The City Council further fords 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 Tax Increment Financing (Soils Condition) District No. 4 by
private enterprise. The specific basis for such finding being:
The removal and remediation of hazardous substances and to ensure
development will add new jobs within the City and will increase the market
valuation of the City.
(d) For purposes of compliance with Mnnesota Statutes, Section 469.175,
Subdivision 3(2), the City 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 market value
estimated to result from the proposed development (i.e., $15,994,400) after subtracting the
present value of the projected tax increments for the maximum duration of the Tax Increment
District (i.e., $5,149,718). In making these findings, the City has noted that, the property has
RESOLUTION NO. 99-34
been undeveloped 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.
2.04. The provisions of this Section 2 are hereby incorporated by reference into and made
a part of the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District
No. 4.
Section 3. AW,roval of Tax Increment Financing„(Soils Condition) District No. 4 and the Tax
Increment Financing Plan therefor.
3.01. The establishment of Tax Increment Financing (Soils Condition) District No. 4 and the
Tax Increment Financing Plan therefor, are hereby approved.
3.02. The staff of the City, the staff of the Authority and the City's and Authority's advisors
and legal counsel are authorized and directed to proceed with the implementation of Tax Increment
Financing (Soils Condition) District No. 4 and the Tax Increment Financing Plan therefor and for this
purpose to negotiate, draft, prepare and present to this City Council for its consideration all further
plans, resolutions, documents and contracts necessary for this purpose.
March 8. 1999
Date
InOU
ATTEST:
City Clerk
MaYor <
The motion for the adoption of the foregoing resolution was duly seconded by member
Robert Peppe and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Ray Lasman Ed Nelson, and Robert Peppe;
and the following voted against le same: none,
whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN
I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing
extract of minutes of a meeting of the City Council of the City of Brooklyn Center held on the date
therein indicated with the original minutes thereof on file in my office and that the same is a full, true,
and correct transcript thereof insofar as said minutes relate to a meeting held on February 8, 1999,
approving the establishment of Tax Increment Financing (Soils Condition) District No. 4 and the
adoption of a Tax Increment Financing Plan therefor.
WITNESS my hand this 8th day of March , 1999.
Clerk