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03-230council File # �3..13L1 Resolution # creen stieet # 2�0928 RESOLUTION OF SA1NT PAUL, MINNESOTA 2 � Presented ay Referred To �� Committee: Date RESOLUTION ADOPTING FINDINGS OF FACT RELATED TO DEMOLITION OF BUILDINGS LOCATED IN PROPOSED FVI'URE WESTMINSTER JUNCTION BUSINESS CENTER TAX INCREMENT FINANCING DISTRICT WI�REAS, the City of Saint Paul (the "City") has been advised that the Port Authority of the City of Saint Paul (the "Port Authority") intends to establish a redevelopment tax increment financing district including the area generally bounded by Westminster Street to the west, Whitall Street to the north, Payne Avenue to the east, and the proposed future Phalen Boulevard to the south, to be known as the Westminster Junction Business Center outlined on the aeriai photograph attached hereto as E�ibit A(the "DistricP'); and 10 11 WHEREAS, prior to certificafion of the District, the City Council of the City of Saint Paul (the "City 12 Council") is required to make the findings required by Minnesota 5tatutes Section 469.175, Subdivision 3, 13 including the reasons and facts supporting the deternunation that the District meets the statutory requirements 14 for a redevelopment district; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the City has been fiuther advised that, prior to certification of the District, and for health and safety reasons, the Port Authority intends to demolish the commercial buildings currently located on the pazceis identified on the attached aerial photograph as Pazcel Numbers 9, 10, 1 l, 12, 17, 29, 30 and 31 (the "Structures");and WHEREAS, as set forth in its Resolution Number 3492 adopted by the Port Authority on November 26, 2002 and its Resolution No. 3996 adopted on February 25, 2003, copies of each of which is attached hereto as E�ibit B(the "Port Authority Resolutioris"), the Port Authority has determined that 7 of the Structures are "shucturally substandard" within the meaning of Minnesota Statutes, Section 469.174, subdivision 10, all as described in greater detail in the Port Authority Resolufions (the "Buildings"); and WHEREAS, the City made its own independent u�vestigauon of the condition of the Structures and staff reports dated January 29, 2003 and February 11, 2003 sets forth the findings of the investigarion (the "City Report"); and WIIEREAS, the City Council, in reliance on the informarion provided to it by the Port Authority, including but not limited to the reports prepazed by Short Elliot Hendrickson, Ina (collectively "SEH Report"), and on its own investigation and the City Report, concurs with the Port Authority's determination that the buildings aze "struchzrally substandard" within the meaning of Mimzesota Statutes, Section 469.174, subdivision 10; and WHEREAS, the purpose of this action is to set forth the factual fmding of the City Council before the Buildings aze demolished, which factual fmding may then be relied on by the Cit3� Council at such time as the Ciry Council considers whether the proposed District, as a whole, meets the statutory requirements of a redevelopment district; 03-��0 38 NOW, TIIEREFORE, BE IT RESOLVED, by the City Council of the City of Saint Paul that, on the basis 39 of information provided to it by the Port Authority, including the SEH Report, and the City Report, the Ciry 40 Council fmds that the Buildings aze "structurally substandard" within the meaning of Ivlinnesota Statutes, 41 Section 469174, subdivision 10, for the reasons set forth in the City Report, SEH Report and the Port 42 Authority Resolution. Adoption Cer By: Approved by By: Requested by Department of: Plannin & E mic eve o ment By: Approved by Financial Sexvices Hy: Adopted by C^`�^^;' , n�«m � n�/ ��//iJ2 � DEPARTMENT/OFFICE/COUNCII.: DATE INITTATED ' PED February 18, 2003 GREEN SHEET ,_ No.: 200.928 _ p� _,,'�.'b0 �", �y;; CONTACf PERSON & PHONE: I[aTTAUDnTIi IIvi1'inLmn'rE '� Craig Blakely, 66697 � hNST BE ON COUNCQ, AGENDA BY (DATE) ��� i DEPARTMENT DIR. - 4 CITY COUNCIL Mazch 5�` Consent Agenda Fox ROL71'ING o�m 2 CTI'Y ATTORNEY GP�'Y CLERK FIN. 5ERVICES DII2. FIN. SERVICES ACCTG. : 3 MAYOR OR ASSISTANT ACTIVTTY MANAGER , TOTAL # OF SIGNATURE PAGES �_(CLIP ALL LOCATIONS FOR SIGNAI'URE) ncTTOx �Qr�sTEn: Resolution adop�ing findings of fact related to demolition of buildings located in proposed future Westminster Junction Business Center tas increment financing district RECOMMENDATIONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING � QUESTIONS: PI.,ANNING COMMISSION 1. Has this person/fvm ever worked under a contract for this department? CIB CObIM11TEE Yes No CNII, SERVICE COMMISSION 2. Hu this person/firm ever been a ciTy employee? Yes No 3. Does ihis person/fian possess a skill not normally possessed by any currrnt city employee? " Yes Mo � Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, JSSUE, OPPORT[JNI1'P (Who, Whay When, Where� Why): , ' In order fox the Port Authority to establish a redevelopment tas increment financing district for the Westminster Junction Business Center, the City Council is required by State law to make findings that support that the TIF district meets the statutory requirements. City staff has conducted its own analysis and has determined that the , proposed TIF district does meet the statutory requirements. ADVANI'AGES IF APPROVED: - " The Westminster Junction Business Center will be developed. ��� ��`'�� ..�rr?� ��;� ,�. v _ �,:�. � n���,�A�ES��PRO�: ��� � s � FEg 2 4 2003 None. �i�TY ����INE� DISADVANTAGES IF NOT APPROVED: � The project will not move forward. TOTAL AMOUNT OF 1BANSACTiON: FTJNDIlVG SOURCE: ACTIVITY NIJMBERS: FINANCIAL INFORMATION: (EXPLAiN) xvs�w� �os�w�m,w�nrg��sn��..Pa 0 �_}�0 RESOLUTION ADOPTING FINDINGS OF FACT RELATED TO DEMOLITION OF BUII.DINGS LOCATED IN PROPOSED FUTURE WESTNIINSTER JUNCTION BUSINESS CENTEB TAX INCREMENT FINANCING DISTRICT E�IT A: AERIAL PHOTOGRAPH OF BOiINDARIES � �7 � I� RESOLUTION ADQPTING FINDINGS OF FACT RELATED TO DEMOLITION OF BUII.DINGS LOCATED IN PROPOSED BUTURE WESTNIINSTER.NNCTION BUSINESS CENTER TAX INCREMENT FINANCING DISIRTCT EXI�IT S.: PORT AUTHORTTY RESOLUTION Resolution No. 3979 PORT AUT'HORTI'Y OF THE CITY OF SAIlVT PAUL [Westrninster Junction Business Center} WHEREAS, the Port Authority of the City of Saint Paul (the "Port Authority'� is acquiring the land generally bounded by Westaunster Street to the west, Whitall Street to the north, Payne Avenue to the east and the proposed future Phalen Boulevazd to the south (the "Iand") for the redevelopment of Phalen corridor into fhe Westminster 7unction Business Center; and WHEREAS, it is the Port Authority's intention to demolish certain of the structures located on the Land before December 31, 2002 for health and safety reasons; and WHEREAS, it has been proposed by the Port Authorify staff that the Boazd of Comxnissioners (the "Boazd") of the Port Authority consider making certain findin gs with respect to the Land to support the inclusion of the Land, with other property, in a Redevelopment Tax Increment Financing District (the "DistricY') to be created in 2003, all pursnant to and in conformity with e�sting law, including Minnesota Statutes, Section 469.174, Subd. 10; and VJT�REAS, the Board has investigated the facts relating to the ultiznate establishment o£ the Dishict, including specifically the Redevelopment Eligibility Assessment attached hereto as E�chibit A which is dated October 7, 2002 and prepazed by Short Elliot Hendrickson, Inc. ("SEH'�; and WF3EREAS, the Boazd has also reviewed the opinion of Leonazd, Street and Deinard attached hereto as Erlubit B to the effect that the findings made in the SEH Report aze based on a conect interpretation of applicabie law; and WI3EREAS, the findings made herein have been approved by the Credit Committee. NOW, TFIEREFORE, BE IT RESOLVED by the Boazd of Commissioners o£ the Port Authority of the City of Saint Paul as follows: 1. The Port Authority hereby finds, on ffie basis of the SEA report attached hezeto as Exhibit A that the buiIdings located on the Land aze "structutally substandazd" within the meaning o£ Minnesota Statutes, Section 469.174, subdivision 10, and has set forth the reasons and supporting facts for its deteriuination in writing as Eachibit C, and that the Port Authority intends to includa the Land in the District after demolishing the buildings located on the Land. zzsa3�a�i o� -a�o isa6aas�i 2. Por� Authority management, together with its advisors and le�al counsel, aze �, authorized to proceed with fhe prepazation of a proposed tas incremeat financing dishzct, and to negotiate, draft, prepare and present to this Boazd for its consideration all further plans, resolutions, doc�ents and contracts necessary for this purpose, provided that approval of tUis resolution is not a commihnent from the Port Authority Boazd to create a tas increment 5nancing dishict or issue tax ineremeni revenue bonds, and such actions aze subject to futther review by the Credit Committee and Boazd of the Port Authority. Adopted: November 26, 2002 ATTEST: � ec�e � . PORT AUTF30R1T`Y OF THE C7TY OF SANT PAUL B �l/��.,� ( ✓�� It Cthair � zzaaa�a�� Z � oZ -a7o Resolution No, 3996 PdRT AU'I�30RITY OF TI�E CTTY OF SALN'T PAL3L [Westminster 3unctionBusiness Center] WI�REAS, the Port Authority of the City of Saint Paul (the "Port Authorit}�'j is proposing to create a Redevelopment Tax 7ncrement Dishict pursuant to Section 469.I 74, Subd. 10 of Minnesota Statutes, to be comprised of 31 separate contiguous tax parcels generalIy bounded by West�inster Street to the west, Whitall Street to tbe north, Payne Avenue to the east and the proposed future Phalen Boulevazd to the south (the "DislricY�; and WHEREAS, for safety reasons, the Port Authority intends to, prior to final certification of the District, demolish certain of the structures located on land to be inciuded in the District; and Wi-�REAS, it has been proposed that, prior to demolition of the buildings, the Port Authority make certain factual findings supporting inclusion of the land in the District; and Wf�REAS, the Board has reviewed the Redevelopment Eligibility Assessment prepared by Short Eliiot Hendrickson, Ina ("SEH'� dated February 7, 2003 and attached as Exhibit A(the "Assessment'� related to 7 of the 31 pazcels to be included in the District (the "Current Parcels"); and WHEREAS, the Board has also reviewed the opinion of L.eonazd, Street and Deinard attached hereto as E�chibit B to the eff'ect that the findings made in the Assessment are based on a correct interpretation of applicable law; and WHEREAS, the findings made herein have been approved by the Credit Committee; NOW, TFiEREFORE, BE IT RESOLVED by the Board of Commissioners of the Port Authority of the City of Saint Paul as follows: i. The Port Authority hereby finds, on the basis of the SEH Assessment artached hereto as E�ibit A, that the Current Parcels meet the statutory tests for inclusion in a redevelopment district as described in Minnesota Statutes, Secrion 469.174, subdivision 10, and has set forth the reasons and supporting facts for its determination in writing, as Elchibit C, and that the Port Authority intettds to include the Current Parcefs in the }}istrict after demolishing the buildiugs located on the C�nent Parcels. 2. Port Authority management, together with its advisors and legal counsel, are authorized to proceed with the preparation of the proposed District, and to negofiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose, provided that approval of tlus resolution is not a commitment from the Port Authority Board to create a tas incremenf financing district or issue taY increment revenue bonds, and such actions are subject to fiuther review by the Credit Committee and Board of the Port Authority. 2284374v1 03-ZZo 3. Port Authority management together with its advisors and legal counsel, are aufhorized to make azrangements for and proceed with the demolition of the buildings located on fhe Current Pazcels, as well as the buildings located on the 3 parceis which were the subject of the pravious Redevelopment Eligibility Assessment dated October 7, 2d02, also prepazed by SEH, which buildings were determined by the Board to be ."shucturally substandazd" within the meaning of Minnesota Statutes, Section 469.174, Subd. 10, pursuant to the Port Authozity's Resolution No. 3979 adopted on November 26, 2002. Adopted: Februaiy 25, 2003 ATTEST: d� s�.' e �� � PORT AUTHORITY OF TI-IE CITY OF SAII�T PAI3L By .�f.(-(..1� G� Its air 2284374v1 2