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IP #737DOUGLAS J. DEBNER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT' - STACY A. WOODS OF COUNSEL LORENSQ.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa Attorneys At Law January 29, 2003 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@ j ensen- sondrall.com Re: Economic Development Authority in and for the City of New Hope, Minnesota v. Ahrens Enterprises, LLC, et al. Our File No.: 99.53073 Dear Val: Enclosed herewith and served upon you by United States mail is the Economic Development Authority in and for the City of New Hope's Notice of Hearing and Notice of Motion for Appointment of Commissioners and for Transfer to Title and Possession under Minn. Stat. §117.042. Also enclosed is a copy of the Petition and an Acknowledgement of Service by Mail. Please sign and return the Acknowledgement of Service by Mail in the envelope provided. Thank you for your attention to this hatter.' Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jeiiseii-soiidrall.com After Hours Extension #147 Enclosures P:AALtomcy \SAS \LettersVCNH99.53073 - 007 -City of New Hopc Ltr.doc STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD 2699 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, 0 Ahrens Enterprises, LLC, a Minnesota limited liability company, Ahrens Trucking, Inc., a Minnesota corporation, Ahrens Trucking, Inc., a Minnesota corporation D /B /A Russell Delivery, Wells Fargo Bank Minnesota, N.A., Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, O • A ! 1 POSSESSION UNDER MINN. STAT. 0, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR ECONOMIC DEVELOPMENT PURPOSES 1 TO: ALL RESPONDENTS NAMED HEREIN: YOU, AND EACH OF YOU, ARE HEREBY NOTIFIED that on March 17, 2003, or as soon thereafter as this matter may be heard, at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota, before the Honorable John L. Holahan, one of the judges of the above -named Court, the Economic Development Authority in and for the City of New Hope, Minnesota (hereafter "Petitioner ") will present its Petition for the condemnation of certain property situated in New Hope, Minnesota, for the purpose of acquiring fee simple absolute title to the real estate described in Exhibit A of the accompanying Petition. Said real property is being acquired for economic development purposes. Specifically, for the development and construction of a 100,000 square foot building expansion, as described in the Petition, in New Hope, Minnesota. The property is necessary to promote the objectives of the Restated Redevelopment Plan and Tax Increment Financing Plan for Tax Increment Financing District No. 02 -1 and for Redevelopment Project No. 1. The Petition prays for the appointment by the Court of three (3) commissioners to ascertain and report the damages for the real property to be taken and acquired for the purposes aforesaid and the injuries caused by such taking. The real property and the interests therein that are desired and proposed to be taken are described in Exhibit A to the Petition, together with the names of all persons appearing of record or known to the Petitioner to be the owners of said real property or interested herein, including all of whom your Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that on March 17, 2003, or as soon thereafter as this matter may be heard at the above place, the Petitioner will also move the Court for an Order transferring title and the right to possession of the lands described in Exhibit A of the Petition in accordance with Minn. Stat. § 117.042, as amended, effective at the earliest quick take date available, but no earlier than March 21, 2003, but before taking title and possession, Petitioner will pay to the owners or deposit with the Court an amount equal to Petitioner's approved appraisal of value. Notwithstanding anything to the contrary contained herein, should tests or evaluations undertaken by or on behalf of the Petitioner indicate the possible presence of pollutants, contaminants or hazardous substances on any of the real property described in Exhibit A of the Petition, Petitioner reserves the right to defer effecting the transfer of title of the real estate interests described in Exhibit A pursuant to Minn. Stat. § 117.042, for a reasonable time until Petitioner can evaluate whether it wishes to proceed with the taking or abandon the proceedings and dismiss the Petition herein. Petitioner further prays for an Order of this Court pursuant to Minn. Stat. § 117.042, authorizing entry by Petitioner and its employees and agents onto the real property described in Exhibit A, upon reasonable notice to the owners and occupants thereof, for the purpose of such appraisals, surveys, tests, soil borings, inspection and other evaluations as Petitioner may elect. Petitioner will serve and file its papers in support of these motions within the time frames provided under the General Rules of Practice. Dated: January �19 2003. JENSEN & SONDRALL, P.A. 0`�, A"" By: <:-- 1-1 Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 3 ACKNOWLEDGMENT The party upon whose behalf this pleading is submitted, by and through the undersigned, hereby acknowledges that sanctions may be imposed for a violation of Minn. Stat. §549.211. Dated: January 2 ,f , 2003. JENSEN & SONDRALL, P.A. By: Z— �Z Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\Attomey \SAS \Documents \CNH99.53073 -004- Notice of Hearing.doc 11 i The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Ahrens Enterprises, LLC, a Minnesota limited liability company, Ahrens Trucking, Inc., a Minnesota corporation, Ahrens Trucking, Inc., a Minnesota corporation, D /B /A Russell Delivery, Wells Fargo Bank Minnesota, N.A., Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division. of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, Respondents. 1W IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR ECONOMIC DEVELOPMENT PURPOSES TO THE ABOVE -NAMED COURT: t 1 t ' FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. Petitioner respectfully represents and alleges as follows: f . 1. Petitioner is a municipal corporation duly organized and existing under the laws of the Sate of Minnesota, 2. Petitioner has assumed control of various Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Districts originally created by the New Hope HRA per the authority of Minn. Stat. §469.094, Subd. 2. 3. Petitioner seeks to acquire fee simple title to Respondent Ahrens Enterprises' property located at 7600 - 49' Avenue North in the City of New Hope, County of Hennepin, State of Minnesota, and legally described in Exhibit A hereto attached. This property is necessary to the successful completion and development of Restated Redevelopment Plan for Redevelopment Project No. 1 and new Tax Increment Financing District No. 02 -1 as more fully described herein. The property is also necessary for the development and construction of the 100,000 square foot building expansion for the Navarre Corporation proposed by New Hope, LLC, a Minnesota limited liability company, hereafter Redeveloper, as described below. 4. Petitioner has, pursuant to EDA Resolution No. 02 -05 (attached hereto as Exhibit B) caused a restatement of its various Redevelopment Plans as a Master Modification. Resolution No. 02 -05 redesignated this Master Modification as Redevelopment Project No. 1. Further, Resolution No. 02 -05 modified the Restated Redevelopment Plan for Redevelopment Project No. 1 by reflecting increased geographic area, increased project costs and increased bonding authority. Resolution No. 02 -05 also modified in the same manner the existing Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80 -2, 81- 1, 82 -1, 85 -1, 85 -2 and 86 -1. Finally, Resolution No. 02 -05 created a new Tax Increment 2 1. Petitioner is a municipal corporation duly organized and existing under the laws of the Sate of Minnesota, 2. Petitioner has assumed control of various Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Districts originally created by the New Hope HRA per the authority of Minn. Stat. §469.094, Subd. 2. 3. Petitioner seeks to acquire fee simple title to Respondent Ahrens Enterprises' property located at 7600 - 49' Avenue North in the City of New Hope, County of Hennepin, State of Minnesota, and legally described in Exhibit A hereto attached. This property is necessary to the successful completion and development of Restated Redevelopment Plan for Redevelopment Project No. 1 and new Tax Increment Financing District No. 02 -1 as more fully described herein. The property is also necessary for the development and construction of the 100,000 square foot building expansion for the Navarre Corporation proposed by New Hope, LLC, a Minnesota limited liability company, hereafter Redeveloper, as described below. 4. Petitioner has, pursuant to EDA Resolution No. 02 -05 (attached hereto as Exhibit B) caused a restatement of its various Redevelopment Plans as a Master Modification. Resolution No. 02 -05 redesignated this Master Modification as Redevelopment Project No. 1. Further, Resolution No. 02 -05 modified the Restated Redevelopment Plan for Redevelopment Project No. 1 by reflecting increased geographic area, increased project costs and increased bonding authority. Resolution No. 02 -05 also modified in the same manner the existing Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80 -2, 81- 1, 82 -1, 85 -1, 85 -2 and 86 -1. Finally, Resolution No. 02 -05 created a new Tax Increment 2 Financing District No. 02 -1 within the Redevelopment Project No. 1 and approved the Tax Increment Financing District Plan relating thereto. 5. The New Hope City Council has, pursuant to Resolution No. 02 -132 (attached hereto as Exhibit C), approved Petitioner's action taken by EDA Resolution No. 02 -05. 6. The Commissioners of the Petitioner and the Members of the New Hope City Council, acting as the governing board of Petitioner, have made findings, as set out in their respective resolutions attached, concluding among other things: a. The assistance to be provided by the Restated Redevelopment Plan, the existing Tax Increment Financing Plans and the new Tax Increment Financing Plan, hereinafter collectively the Plans, are necessary to assure the redevelopment of Redevelopment Project No. 1; b. The Petitioner's and the New Hope City Council's collective actions taken on the Plans conform to the general development and redevelopment plans of the City and are consistent with the City's Comprehensive Plan; C. The Plans afford maximum opportunity for development and redevelopment of Redevelopment Project No. 1 by private enterprise pursuant to redevelopment contracts with private developers; d. Tax Increment Financing District No. 02 -1 constitutes a "tax increment financing district" as defined in Minn. Stat. §469.174, Subd. 9, and further constitutes an "economic development district" as defined by Minn. Stat. §469.174, Subd. 12; e. The development of Tax Increment Financing District No. 02 -1 would not occur solely through private investment and therefore requires tax increment financing; 3 f. The above findings, in the opinion of the Petitioner and the New Hope City Council, will promote the City's public purposes and objectives as stated in the Plans supported by the factual determinations as set out in Exhibit A to Resolution No. 02 -132. 7. Petitioner has also entered into a Contract for Private Redevelopment dated as of November 12, 2002 (the "Redevelopment Contract ") with the Redeveloper to assist Redeveloper in the development and construction of the 100,000 square foot building expansion referred to in paragraph 3, to accommodate the business expansion plans of Navarre Corporation, a Minnesota corporation (hereinafter Navarre), a major employer within the City. It is anticipated the building expansion will be done at a project cost, excluding land, of approximately $4,325,000.00 and will have the effect of creating 40 to 50 new employment opportunities within the City. 8. The Redeveloper currently owns a parcel of land adjacent to Tax Increment Financing District No. 02 -1 and must acquire the land described in Exhibit A attached and currently owned by Respondent Ahrens Enterprises, within the Tax Increment Financing District No. 02 -1 to construct the proposed building expansion. 9. The acquisition of Respondent Ahrens Enterprises' property is also necessary to fulfill Petitioner's contractual obligation under the Redevelopment Contract. The acquisition of the Ahrens Enterprises' property is for a public purpose and will promote the objectives of the Plan. 10. On November 12, 2002, Petitioner adopted Resolution No. 2002 -10 (attached as Exhibit D). Resolution No. 2002 -10 authorized the acquisition of the property described in Exhibit A by eminent domain proceedings. 4 11. The subject property to be acquired through this proceeding is located entirely within Redevelopment Project No. 1 and Tax Increment Financing District No. 02 -1. 12. The legal description of the land to be taken and the names of those appearing of record or known to the Petitioner to be the owners of said land or interested therein, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each as can be ascertained, are set forth in Exhibit A attached hereto and made a part hereof as though fully set out at this point. 13. Petitioner has the legal authority to exercise the power of eminent domain to acquire the property described in Exhibit A attached hereto pursuant to Minn. Stat. § §469.012(6), 469.094(2) and 469101.(4). WHEREFORE, Petitioner prays for the Order of this Court as follows: 1. Adjudging that said taking is for a public purpose, is necessary, and as such is authorized by law; 2. Appointing three (3) disinterested commissioners, and at least two (2) alternatives, residents of Hennepin County, to ascertain and report the amount of damages that will be sustained by the several owners on account of the taking; fixing the time and place of the first meeting of the three commissioners; prescribing their compensation; and requiring the commissioners to file their report with the Clerk of District Court within one hundred eighty (180) days from the date of this Order appointing the commissioners, unless said time be further extended by Order of the Court; and 3. For such other and further relief as may be proper and pursuant by law. Dated: December , ?V , 2002. 5 JENSEN & SONDRALL, P.A. Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 no ACKNOWLEDGMENT The Economic Development Authority in and for the City of New Hope, Minnesota, by and through its attorneys, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party pursuant to Subd. 2 of M.S.A. §549.21. Dated: December Z® , 2002. On ; A ,,, S Sw CI C ii.r1 Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\Attorney\SAS\Documents\CNH99.53073-001-Petition.doc 7 s EXHIBIT "A" Legal Description The East 145 feet of the South 1 /a of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, subject to sewer easement over the East 45 feet of said premises, as contained in Book 814 of Miscellaneous Records 519. Interested Party • Ahrens Enterprises, LLC • Ahrens Trucking, Inc. • Ahrens Trucking, Inc., D /B /A Russell Delivery • Wells Fargo Bank Minnesota, N.A. • City of New Hope • Xcel Energy • Qwest Communications Corporation • Qwest Corporation • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. • County of Hennepin Nature of Interest Fee Owner Leasehold Leasehold Mortgage Easement Possible Easement Possible Easement Possible Easement Possible Easement Real Estate Taxes P:\ Attorney\ SAS \Doctnneats \CNH99.53073 -001- Exhibit A to Petition (Legal & Interested Parties).doc STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) 1, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: EDA RESOLUTION NO, 2002 -05 RESOLUTION RESTATING THE REDEVELOPMENT PLANS FOR THE MASTER MODIFICATION; REDESIGNATING THE MASTER MODIFICATION AS REDEVELOPMENT PROJECT NO. 1; MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS, 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, AND 86 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 02 -1 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO 4. 1 further certify that the affirmative vote on said resolution was 4 ayes, 0 nayes, and 1 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 10th day of December, 2002. Valerie Leone, City Clerk (Seal) CITY OF NEW HOPE 44U1 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 < www. ci.new- hope.mn.us City Hall: 763 -531 -5100 e Police (non - emergency): 763- 531 -5170 e Public Works: 763 -592 -6777 . TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 e Police Fax: 763- 531 -5174 . Public Works Fax: 763- 592 -6776 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. oz -os RESOLUTION RESTATING THE REDEVELOPMENT PLANS FOR THE MASTER MODIFICATION; REDESIGNATING THE MASTER MODIFICATION AS REDEVELOPMENT PROJECT NO. 1; MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2 AND 86 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 02 -1 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the Board of Commissioners (the "Commissioners ") of the New Hope Economic Development Authority (the "EDA "), as follows: Section 1. Recitals 1.01. It has been proposed that the EDA approve and adopt the restatement of the Redevelopment Plans for the Master Modification. 1.02. It has been further proposed that the EDA redesignate the Master Modification as Redevelopment Project No 1. 1.03. It has been further proposed that the EDA approve and adopt the proposed modifications to the Restated Redevelopment Plan (the "Plan ") for Redevelopment Project No. 1 (the "Project Area ") reflecting increased geographic area, increased project costs and increased bonding authority pursuant to and in accordance with Minnesota Statutes Sections 469.001 to 469.047, 469.124 to 469.134 and 469.090 to 469.108., inclusive, as amended and supplemented from time to time. 1.04. It has been further proposed that the EDA approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing TIF Plans ") for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2 and 86 -1 (the "Existing TIF Districts ") reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.179 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.05. It has been further proposed that the EDA approve the creation of proposed Tax Increment Financing District No. 02 -1 (the "Proposed TIF District") within the Project Area and approve and adopt the proposed Tax Increment Financing Plan (the "Proposed TIF Plan") relating thereto pursuant to and in accordance with ' Minnesota Statutes, Sections 469.174 to 469.179 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.06. The EDA has caused to be prepared and has investigated the facts with respect thereto a modified Plan for the Project Area and modified Existing TIF Plans for the Existing TIF Districts reflecting increased. geographic area, increased project costs and increased bonding authority within the Project Area, and a Proposed TIF Plan for the Proposed TIF District defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1.07. The EDA has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Plan and Existing TIF Plans and the approval and adoption of the Proposed TIF Plan. 1.08. The EDA hereby determines that it is necessary and in the best interests of the City and the EDA at this time to approve and adopt the modifications to the Plan and Existing TIF Plans, to create the Proposed TIF District and to approve and adopt the Proposed TIF Plan relating thereto. Section 2. Findings. 2.01. The EDA hereby finds that the assistance to be provided through the adoption and implementation of the modified Plan, modified Existing TIF Plans and Proposed TIF Plan (collectively the "Plans") is necessary to assure the development and redevelopment of the Project Area. 2.02. The EDA hereby finds that the Plans conform to the general plan for the development and redevelopment of the City as a whole. 2.03. The EDA hereby finds that the Plans afford maximum opportunity consistent with the - sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant . to redevelopment contracts with private developers. Section 3. Approvals and Adoptions. 3.01. The modifications to the Plan reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 3.02. The modifications to the Existing TIF Plans reflecting 'increased geographic area, increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 3.03. The creation of the Proposed TIF District within the Project Area and the adoption of the Proposed TIF Plan relating thereto are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. Section 4. E!!!ng of Plans. 4.01. Upon approval and adoption of the Plans, the EDA shall cause said Plans to be filed with the Minnesota Department of Revenue. Adopted by the Commissioners of the EDA this 9th day of September , 2002. YES Cassen, Collier, Gwin-Lenth, Norby NO: -- ABSENT: Enck PresidenVFtem ATTEST: — 0e Z cu d tiv X e - � - Nctor CERTIFICATION I y Daniel J. Donahue , Executive Director of the New Hope Economic Development Authority, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. 02-05 adopted by the EDA on the 9th day of September 20 Executive Dif'ector G:\WPDATA\N\NEW H0PE\08\TJF\EDA RESOLUTIONDOC STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 2002 -132 RESOLUTION RESTATING THE REDEVELOPMENT PLANS FOR THE MASTER MODIFICATION; REDESIGNATING THE MASTER MODIFICATION AS REDEVELOPMENT PROJECT NO. 1; MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, AND 86 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 02 -1 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO 4. 1 further certify that the affirmative vote on said resolution was 3 ayes, 0 nayes, and 2 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 10th day of December, 2002. (Sea!) Valerie Leone, City Clerk CITY OF NEW HOPE 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 • www. ci.new- hope.mn.us City Hall: 763- 531 -5100 e Police (non - emergency): 763- 531 -5170 . Public Works: 763- 592 -6777 s TDD: 763 -531 -5109 City Hall Fax: 763- 531 -5136 e Police Fax: 763 - 531 -5174 e Public Works Fax: 763- 592 -6776 Council Member Cassen introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF NEW HOPE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 02-132 RESOLUTION RESTATING THE REDEVELOPMENT PLANS FOR THE MASTER MODIFICATION; REDESIGNATING THE MASTER MODIFICATION AS REDEVELOPMENT PROJECT NO. 1; MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2 AND 86 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 02 -1 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council') of the City of New Hope, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. It has been proposed and approved by the New Hope Economic Development Authority (the "EDA ") that the Council approve and adopt the restatement of the Redevelopment Plans for the Master Modification. 1.02. It has been further proposed and approved by the EDA that the Council redesignate the Master Modification as Redevelopment Project No 1. 1.03. It has been further proposed and approved by the EDA that the Council; approve and adopt the proposed modifications to the Restated Redevelopment Plan (the "Plan ") for Redevelopment Project No. 1 (the "Project Area ") reflecting increased geographic area, increased project costs and increased bonding authority pursuant to and in accordance with Minnesota Statutes Sections 469.001 to 469.047, 469.124 to 469.134 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.04. It has been further proposed and approved by the EDA that the Council approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing TIF Plans ") for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, I 85 -1, 85 -2 and 86 -1 (the "Existing TIF Districts ") reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.1791 inclusive, as amended and supplemented from time to time. 1.05. It has been further proposed and approved by the EDA that the Council approve the creation of proposed Tax Increment Financing District No. 02 -1 (the "Proposed TIF District ") within the Project Area and approve and adopt the proposed Tax Increment Financing Plan (the "Proposed TIF Plan ") relating thereto pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.1791, inclusive, as amended and supplemented from time to time. 1.06. The EDA has caused to be prepared and this Council has investigated the facts with respect thereto a modified Plan for the Project Area and modified Existing TIF Plans for the Existing TIF Districts reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area, and a Proposed TIF Plan for the Proposed TIF District defining. more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1.07. The EDA and the Council have performed all actions. required by law to be performed prior to the approval and adoption of the modifications to the Plan and Existing TIF Plans and the approval and adoption of the Proposed TIF Plan. 1.08: The Council hereby determines that it is necessary and in the best interests of the City and the EDA at this time to approve and adopt the modifications to the Plan and Existing TIF Plans, to create the Proposed TIF District and to approve and adopt the Proposed TIF Plan relating thereto. Section 2. Findings 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the modified Plan, modified Existing TIF Plans and Proposed TIF Plan (collectively the "Plans ") are necessary to assure the development and redevelopment of the Project Area. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is E 1. � contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Plans is intended and in the judgment of this Council its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. 2.05. The Council hereby finds, determines and declares that the Proposed TIF District constitutes a "tax increment financing district" as defined in Minnesota Statutes Section 469.174, Subdivision 9, and further constitutes an "economic development district" as defined in Minnesota Statutes Section 469.174, Subdivision 12. 2.06. The Council hereby finds, determines and declares that the proposed development or redevelopment in the Proposed TIF District, in the opinion of this Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2.07. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit A of this Resolution. Section 3. Approvals and Adoptions 3.01. The modifications to the Plan reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 3.02. The modifications to the Existing TIF Plans reflecting increased geographic area, increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 3.03. The creation of the Proposed TIF District within the Project Area and the adoption of the Proposed TIF Plan relating thereto are hereby approved by the Council of the City. Section 4. Flu of Plans 4.01. Upon approval and adoption of the Plans, the City shall cause said Plans to be filed with the Minnesota Department of Revenue. M r _z I 1 Adopted by the Council of the City this 9th voted in favor thereof: Cassen, Gwin- Lenth, Norby day of September , 2002. The motion for the adoption of the foregoing resolution was duly seconded by Council Member N , and upon vote being taken thereon the following and the following voted against the same: None. Abstained: Collier. Absent: Enck Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the Administrator - Clerk. ATTEST: City Clerk CERTIFICATION 1, Valerie Leone , the duly qualified City -Clerk of the City of New Hope, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. 02 -132 passed by the City Council on the 9th day of September , 2002. City Clerk 4 11 t EXHIBIT A TO RESOLUTION NO. 02 -132 The reasons and facts supporting the findings for the TIF Plan for the TIF District pursuant to Minnesota Statutes Section 469.175, Subdivision 3, are as follows: 1. Finding that the TIF District is an "economic development district" as defined in Minnesota Statutes Section 469.174, Subdivision 12. The TIF District consists of four parcels of land and the proposed uses to be undertaken thereon, as represented by the redeveloper in the Contract for Private Redevelopment, qualify such parcels as an economic development district under Minnesota Statutes, Section 469.174, Subdivision 12. 2. Finding that the proposed development or redevelopment, in the opinion of the 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 Council has reviewed the costs associated with the proposed redevelopment including the costs of relocating an existing business, demolishing an existing building, relocating sewer and water lines, correcting extremely poor soils and providing a storm water pond to accommodate the site and adjacent areas. After such review, the Council has determined that without tax increment assistance for the soil correction, utility relocation, business relocation and structure demolition, the redevelopment would not proceed. and as a result, there would be no increased market value realized. (see attached Schedule 1). Additionally, it is anticipated that between 40 and 50 additional employment opportunities will be created. upon completion of the redevelopment. 3. Finding that the TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The EDA and Council have reviewed the TIF Plan and determined that it conforms to the comprehensive plan of the City. 4. Finding that the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole for the development or redevelopment of the Project Area by private enterprise. The project to be developed (construction of a warehouse of up to 130,000 square feet and a warehouse /trucking facility of up to 10,000 square feet) is located within the TIF District. Upon completion the City's tax base will increase by approximately $6,500,000. 5 SCHEDULE 1 TO EXHIBIT A RESOLUTION NO. 02-132 I. DEVELOPMENT WITHOUT TIF ASSISTANCE: Estimated Market Value $ 527,724 Original Market Value $ 527,724 Increased Market Value $ It is unlikely that a similar redevelopment would proceed without TIF assistance on this site. 11. DEVELOPMENT WITH TIF ASSISTANCE: Estimated Market Value $7,100,000 Original Market Value $ 527,724 Increased Market Value $6,572,276 Less: Present Value of the Tax Increment Generated at $ 608,430 5.0% for the duration of the tax increment district (see attached Exhibit 1) Net Increased Market Value $5,963,846 The proposed project consists of a warehouse of up to 130,000 square feet and a warehouse/trucking facility of up to 10,000 square feet. G:\WPDATA\N\NEW HOPEMUIRCOUNCIL RESOLUTION.00C n . EXHIBIT 1 PRESENT VALUE OF TA INCREMENT GENERATED (a) (b) (c) (d) Semi - Annual Semi - Annual Cumulative Tax Present Present Date Increment Value Value 06/01/02 12/01/02 06/01/03 12/01/03 06/01/04 12/01/04 06/01/05 12/01/05 06/01/06 12/01/06 06/01/07 12/01/07 06/01/08 12/01/08 06/01/09 12/01/09 06/01/10 12/01/10 06/01/11 12/01/11 06/01/12 12/01/12 0 0 0 0 0 0 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 64,144 1,026,303 0 0 0 0 0 0 48,607 46,963 45,375 43,840 42,358 40,926 39,542 38,204 36,913 35,664 34,458 33,293 32,167 31,079 30,028 29,013 608,430 0 0 0 0 0 0 48,607 95,570 140,945 184,785 227,143 268,069 307,610 345,815 382,727 418,391 452,850 486,143 518,310 549,389 579,417 608,430 608,430 Navarre - Ahrens TI Combined 4.xisPrepared by Krass Monroe, P.A. 9/5/2002 12 -90 -3002 02 :38pm From -CITY OF R , MOPE STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF NEW MOPE ) 7835315138, T -670 P.002l007 F -663 ss 1, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 1 • As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: EDA RESOLUTION NO. 2002-10 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY WITHIN THE CITY OF NEW HOPE FOR THE PURPOSE OF REDEVELOPMENT 4. 1 further certify that the affirmative vote on said resolution was 4 ayes, 0 nayes, and 1 absent/abstention, b. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 10th day of December, 2002. CSedl ) X�� . Valerie Leone, City Clerk 4401 Xylon Avenue North + New Hope, Minnesota 5542.8 -4$98 * www. ci.new- hope.mn.us City Hall: 763 - 531 -5100 • Police (non - emergency): 763- 531 -5170 • Public Work%: 763-592-6777 - TDD: 7 63- 531 -5109 City Hall Fax: 763- 531 -5136 + Police Pax: 763 -531 -5174 * Public Works Fax: 763 - 592 -6776 12 -10 -2002 02 :36pm From -CITY OF I )HOPE 7636316136 „ T -670 P,0031007 F -663 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA RDA RESOLUTION NO. 2002 -10 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY WITHIN THE CITY OF NEW HOPE FOR THE PURPOSE OF REDEVELOPMENT. (IMPROVEMENT PROJECT NO. 728) WHI =REAS, the New Hope Economic Development Authority (the "Authority°) is a public body corporate and politic authorized under Minn. Stat. §469.090 at seq.; and WHEREAS, the Authority is authorized to exercise the right of Eminent Domain under the aforementioned statute and under Minn. Stat, Chapter 917; and WHEREAS, in furtherance of the Authority's objectives, there has been established pursuant to Authority Resolution No. 02-05 a Restated Redevelopment Plan (the '"Project Plan ") for Redevelopment Project No. 1 (the "Project Area" e ) in th City of New Hope, Minnesota to encourage and provide,maxim op Private development and portunity for redevelopment of certain property Iocated within the City of New Hope which is not now utilized in its highest and best use; and WHEREAS the major objectives in establishing the ProjectArea and adopting the Project Plan are to: 1 - Promote and secure the prompt development or redevelopment of certain property in the ProjectArea, which property is not now in productive use or In its highest and best use, in a manner consistent with the City's comprehensive plan and with a minimum adverse impact on the environment and thereby promote and secure the development of other land in the City, 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskill labor and other human resources in the City. ed z. 12 -10 -2002 02s36pm From -CITY OF MOPE 7635316136 i T -570 P.004 /007 F -663 3. Secure the Increased valuation of property subject to taxation by the City, County, School District and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them, 4, Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5- Promote the concentration of new desirable residential, commercial, office and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City, B. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Plan. 9, Create viable environments which would upgrade and maintain housing stock, maintain housing health and safety quality standards, and maintain and strengthen individual neighborhoods. 14. Stimulate private activity and investment to stabilize and balance the City's housing supply. 11. Eliminate code violations and nuisance conditions that adversely affect neighborhoods. 12. Revitalize property to create a safe, attractive, comfortable, convenient and effioient area for residential use. 13. Recreate and reinforce a sense of residential place and security which creates neighborhood cohesiveness through City investment in neighborhood infrastructure and public improvements, including landscaping, park improvements, local street modifications to reduce traffic impacts, street repaving, curb and gutter replacement, and streetlight updating. ,t . 12 -10- 002 MUM From -CITY OF �_ .10PE 7635315136 �� T -570 P.005 /OOT F -663 14. Encourage Infrll development and redevelopment that is compatible in use and scale with surrounding neighborhoods. 15. Rehabilitate the existing housing stock and preserve existing residential neighborhoods wherever possible. 16. Demolish and reconstruct, where necessary, aging residential buildings to Preserve neighborhoods. 1 7. Removal of substandard structures. WHEREAS it appears that in order to accomplish the objectives and purposes set out in the Project Plan, including promoting and securing additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, it will be necessary that properties described in Exhibit A attached hereto and incorporated herein by reference be acquired (the "Properties "); and WHEREAS, the Authority has been advised that said property will not be made available for redevelopment in the manner that would allow the Authority to undertake the project plan and meet the objectives and purposes. of that Plan for the Project Are and for the City of New Hope' a unless the Properties are acquired by use of Eminent Domain; and WHEREAS, the Authority believes that the development and redevelopment of the Project Area and the fulfillment of the Project Plan are in the vital and best interests of the Authority and the health, safety, morals and welfare of the residents of the City of New Hope, and in accord with the public purposes and provisions of applicable federal, state and local laws under which this development and redevelopment are being undertaken and assisted; NOW, THEREFORE, BE IT RESOLVED, that in order to undertake the Project Plan and provide for the development and redevelopment of the properties in a manner that will meet the objectives and purposes of the Project Plan and the Project Area, that the Authority proceed to acquire the Properties and all interests therein under its power of Eminent Domain; and that the attorneys for the Authority be instructed and, direct d e to file the necessary petition or petitions thereto and to prosecute such action or actions to successful conclusion, or until such are abandoned, dismissed or terminated by the Authority or the court; and that said petitions include any necessary actions to acquire said Property under the "Quick Take" provisions of Minnesota Law, set forth in Minn. Stat• §469. and Minn, Stat. §117.042; and that the attorneys for the Authority, the President of the Authority and the Executive Director of the Authority do all things necessary and convenient to be done in the commencement, prosecution and successful termination of such Eminent Domain proceedings. n• ° 12 -10 +2002 02: Up From -CITY OF �� MOPE 7636316136 T -670 P- 006/007 F -663 BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the Properties described on Exhibit A hereto 'and all interests therein by the Authority under its power of Eminent Domain Is necessary to develop and redevelop their underdeveloped areas under the Project Plan. Adopted by the New Hope Economic Development Authority this 12th day of November , 2002. —_ 7 i r 4 � W. Peter Enck � resident ATTEST: D a inti el J, onattue , Executive Director A t2- 1042002 02:39Pm From -CITY OF l HOPE ?635315136 �.. EXHIBIT A Le al ascription of the Properties T-6 TO P.00 AU F -563 Land located in Hennepin County, Minnesota and described as follows: Part The East 145 feet of the South % of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, subject to a sewer easement over the East 45 feet of said premises, as contained in Book 8 14 of Misc. Records 519. Outlot A, FIVE THOUSAND WINNETKA 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, That part of Out(ot A, FIVE THOUSAND WINNETKA 2ND ADDITION, embraced within the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21 is Registered Property as set out on Cettlfcate of Title No, 811091. Par. The South 300 feet of the West - 160 feet of the SE Y4 of NW1 /4 Section % Township 118N, Range 21 W except street according to the United States Government Survey thereof and situate in Hennepin County, Minnesota, 13 "MR)ATAWNEV H PM0LUnoKV0C