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HomeMy WebLinkAbout22-186 - ADMIN Resolution - City Council - 2022/12/05Resolution No. 22-186 Resolution approving a spending plan for certain tax increment financing districts located in the City of St. Louis Park Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. The City and the St. Louis Park Economic Development Authority (the “Authority”) have previously established the following tax increment financing districts located within the City and adopted tax increment financing plans therefor, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Se ctions 469.174 through 469.1794, as amended (the “TIF Act”): the West End Tax Increment Financing District, the Victoria Ponds Tax Increment Financing District, the Zarthan and 16th Street Tax Increment Financing District, the Wolfe Lake Commercial Tax Increment Financing District, the Mill City Tax Increment Financing District, the Park Commons Tax Increment Financing District, the Aquila Commons Tax Increment Financing District, and the 4900 Excelsior Tax Increment Financing District (collectively, the “TIF Districts”). 1.02. Section 469.176, subdivision 4n of the TIF Act (the “Temporary TIF Authority Act”) authorizes the Authority to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the co ntrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before December 31, 2025; (3) The construction would not have commenced before the dates specified above without the assistance; (4) Tax increments under the spending plan are spent by December 31, 2025; and (5) The City Council approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions. 1.03. The Authority has proposed to apply available tax increments from the TIF Districts for various uses in accordance with the Temporary TIF Authority Act, and to that end has caused to be prepared a spending plan for the TIF Districts (the “Spending Plan”). 1.04. The assistance authorized under the Spending Plan expressly includes but is not limited to assistance for private development that provides for job creation , including construction jobs, and the development of various mixed -use developments located in the City as described in more detail in the Spending Plan. DocuSign Envelope ID: 454D268E-2205-450E-B827-1AE9DCAE9088 Resolution No. 22-186 2 1.05. The City and the Authority expect to transfer unobligated tax increment in accordance with the Temporary TIF Authority Act from each of the TIF Districts in the following estimated amounts, subject to final adjustment by the City Finance Director upon receipt of tax increment for such TIF Districts through December 31, 2022: 1.06. On the date hereof, the City Council conducted a public hearing regarding the Spending Plan, for which notice was published in a newspaper of general circulation in the City and on the City’s public website at least ten (10) days but not more than thirty (30) days prior to the date of the public hearing, in accordance with the Temporary TIF Authority Act, and at which public hearing all persons were given the opportunity to be heard. 1.07. At its meeting on the date hereof, the Board of Commissioners of the Authority will consider a resolution approving the Spending Plan. Section 2. Approval. 2.01. The City Council further finds the Spending Plan is intended and, in the judgment of the City Council, its effect will be, to create an impetus for development and redevelopment activities in the City, including, but not limited to, developing or redeveloping blighted or underutilized sites, lands or areas within the City, providing necessary public improvements for private development in the City, helping provide a range of housing options in the City, supporting transit oriented development, and otherwise promoting certain public purposes and accomplishing certain objectives as specified in the Spending Plan. The City Council finds that the projects described in the Spending Plan would not commence by December 31, 2025 without assistance as permitted by the Temporary TIF Authority Act and that assistance will stimulate private development and the creation or retention of jobs in the state, including construction jobs. The City Council makes all the findings set forth in the Spending Plan, which are incorporated herein by reference. 2.02. The City Council finds that the tax increments from the TIF Districts to be transferred under the Spending Plan are not needed to pay obligations of the TIF Districts due within the six months following such transfer and are not improperly retained, received, spent, or transferred. DocuSign Envelope ID: 454D268E-2205-450E-B827-1AE9DCAE9088 Resolution No. 22-186 3 2.03. The Spending Plan is hereby approved and adopted and the Spending Plan shall be placed on file in the office of the Economic Development Manager of the City. The City Council authorizes transferring all tax increments from the TIF Districts under the Spending Plan to a segregated account by December 31, 2022 in the estimated amounts set forth above provided that such amounts may be adjusted by the Finance Director upon final determination of the unobligated tax increment based on receipt of tax increment through December 31, 2022 and spending tax increments under the Spending Plan by December 31, 2025 for projects which commence construction by December 31, 2025. 2.04. The City’s staff, advisors and legal counsel are authorized and directed to identify potential uses which are in accordance with the Spending Plan for projects that are likely to result in the most efficient and effective use of the identified funds, to proceed with the implementation of the Spending Plan and to negotiate, draft, and prepare all further plans, resolutions, documents and contracts necessary for this purpose for future approval and determination of the necessary findings under the law by the City Council. 2.05. The staff of the City are hereby directed to file a copy of the Spending Plan with the Office of the State Auditor. Section 3. Effective Date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the City Council December 5, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 454D268E-2205-450E-B827-1AE9DCAE9088