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HomeMy WebLinkAbout19-152 - ADMIN Resolution - City Council - 2019/12/02Resolution No. 19-152 Resolution approving a modification to Tax Increment Financing Plans for the Wolfe Lake Commercial Tax Increment Financing District in connection with Pooling for Affordable Housing Whereas, the City of St. Louis Park (the “City”) has previously established Redevelopment Project No. 1 (the “Project Area”) and adopted a Redevelopment Plan therefor, as amended (the “Redevelopment Plan”). The City has also established the Ellipse on Excelsior Tax Increment Financing District (a redevelopment district) and the Wolfe Lake Commercial Tax Increment Financing District (together, the “TIF Districts”) within the Project Area, and adopted a Tax Increment Financing Plan for each of the TIF Districts (the “TIF Plans”), pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the “TIF Act”); Whereas, in connection with making an election to authorize certain expenditures for affordable housing pursuant to Section 469.1763, Subdivision 2(d) of the TIF Act, the City desires to amend the TIF Plans for the TIF Districts to provide for administrative changes to the budgets set forth therein (the “Amendments”); Whereas, the Amendments do not increase the total estimated tax increment expenditures, amount of bonded indebtedness, or capitalized interest, or make any other changes that would require a new public hearing pursuant to Section 469.175, subd. 4 of the TIF Act. Now, therefore, be it resolved as follows: 1. Findings for the Adoption of the Amendments. The Council finds that the Amendments are intended to carry out the objectives of the Redevelopment Plan for the Project Area, to create an impetus for the construction of decent, safe and sanitary housing for persons of low and moderate income by better utilizing blighted, polluted and underutilized land and enhancing the tax base of the City, and to otherwise promote certain public purposes and accomplish certain objectives as specified in the Redevelopment Plan, as modified, and in the Amendments. The Council hereby ratifies and confirms the findings made in connection with the establishment of the TIF Districts. 2. Election to Authorize Certain Expenditures for Affordable Housing. In accordance with Section 469.1763, Subdivision 2(d) of the TIF Act, the City may elect to increase by up to 10% the permitted amount of expenditures for activities located outside the geographic area of any tax increment financing district, provided that the expenditures (a) be used exclusively to assist housing that meets the requirement for a qualified low-income building, as that term is used in section 42 of the Internal Revenue Code; (b) not exceed the qualified basis of the housing, as defined under section 42(c) of the Internal Revenue Code, less the amount of any credit allowed under section 42 of the Internal Revenue Code; and (c) be used to: (i) acquire and prepare the site of the housing; (ii) acquire, construct, or rehabilitate the housing; or (iii) make public improvements directly related to the housing. The Council hereby elects to authorize utilizing up to 35% of the tax increment from the TIF Districts, less any amount DocuSign Envelope ID: 5CF7F7BD-7188-48FB-9671-0C7B514E39D1 Resolution No. 19-152 2 utilized for administrative expenses, for such housing expenditures as set forth in the Amendments. 3. Approval of the Amendments. The Amendments are hereby approved in substantially the form presented to the City and on file in the office of the Economic Development Director. City staff, advisors and legal counsel are authorized and directed to proceed with the implementation of the Amen dments. City staff is hereby directed to file a copy of this resolution and the Amendments with the County Auditor of Hennepin County, the Office of the State Auditor and the Commissioner of Revenue. Reviewed for administration: Adopted by the City Council December 2, 2019 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 5CF7F7BD-7188-48FB-9671-0C7B514E39D1