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HomeMy WebLinkAbout7.c. City Council Establishment of Connemara Industrial Development District and the Adoption of a Development Plan for a Recreation Facility EXECUTIVE SUMMARY City Council Regular Meeting Date: May 17, 2022 AGENDA ITEM: City Council Establishment of Connemara Industrial Development District and the Adoption of a Development Plan for a Recreation Facility AGENDA SECTION: Public Hearing PREPARED BY: Eric Van Oss, Economic Development Coordinator AGENDA NO. 7.c. ATTACHMENTS: Resolution; Port Authority Industrial Development District Plan, Exhibit A APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve a Resolution Approving the Establishment of the Connemara Industrial Development District and the Adoption of a Development Plan BACKGROUND As part of the city’s partnership with Life Time on a commercial recreation facility, the City Council is required to establish a Development Plan as part of an Industrial Development District to facilitate the necessary financing for the development. The Development Plan outlines the project plan and budget, while also outlining how it aligns with the City’s economic development goals. The area within the boundaries of the Development District is zoned for commercial use and, although acquired by a private developer for commercial development, has remained undeveloped for more than a decade. The Port and the City have long targeted the Development District for economic development. The City desires to create the Development District and issue obligations to construct the Recreational Facility to spur economic development within the Development District. On April 26th, the Rosemount Planning Commission reviewed the attached Development Plan and determined that it is in general conformance with the city’s Comprehensive Plan. Prior to establishing the boundaries of and undertaking public activities within the industrial development district, the Port Authority held a public hearing on May 17th and subsequently submitted the development plan and budget to the City Council for approval. The City Council may now consider approval of a development plan and budget following a public hearing. RECOMMENDATION Staff recommends the City Council approve the resolution establishing the Development District and adopting the Development Plan for the Connemara Industrial Development District. CITY OF ROSEMOUNTDAKOTA COUNTY, MINNESOTA RESOLUTION 2022-XX RESOLUTION APPROVING THE ESTABLISHMENT OF CONNEMARA INDUSTRIAL DEVELOPMENT DISTRICT AND THE ADOPTION OF A DEVELOPMENT PLAN THEREFOR WHEREAS, the Rosemount Port Authority (the “Port Authority”) has proposed the establishment of Connemara Industrial Development District, the boundaries of which are attached hereto (the “Development District”), and the adoption of a development plan therefor; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.048 to 469.068 and Section 469.0813 (the “Act”) and the Port Authority enabling resolution adopted by the City Council of the City of Rosemount, Minnesota (the “City Council”), on September 3, 1991 (the “Enabling Resolution”), prior to establishing the boundaries of and undertaking public activities with respect to an industrial development district, the Port Authority must submit the development plan and budget to the City Council for approval; and WHEREAS, the City Council may consider approval of a development plan and budget following a public hearing which has been duly noticed at least 10 days in advance in the official City of Rosemount, Minnesota (the “City”) newspaper; and WHEREAS, the City Council has received and reviewed the report entitled “Development Plan for Connemara Industrial Development District” (the “Plan”), which sets forth a development program and budget for the Development District; and WHEREAS, on the date hereof, the City Council, after having published notice in the official newspaper of the City, conducted a public hearing on the Development District and the Plan and received public comments on the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: 1. It is hereby found and determined that it is in the public interest to establish the Development District pursuant to the Act, because there is a need for development and redevelopment within the City and, in particular, within the Development District, and a need to provide an improved local tax base, to provide public facilities, to provide employment opportunities, and to improve the general economy of the City and the State. The City Council finds that the City lacks adequate public recreational facilities to serve the needs of the City’s population. Acquisition of land at the proposed site in the Development District will allow the Authority to facilitate development of a recreational facility and leased to a private operator. The proposed site in the Development District will provide adequate space to develop such recreational facility. The Development District will allow the City to encourage commercial development within the Development District and stimulate future development of the City, including attraction of commercial development by providing access to public services, including without limitation recreational facilities and services, to the citizens of and visitors to the City. The recreational facility is a necessary public facility and the site will be acquired and developed at a cost reasonably related to the public purpose to be served without need of any residential clearance activities. The additional findings set forth in the Plan are incorporated herein by reference. 1 = 1 " " RS125-19-797019.v1 2. It is hereby found and determined that the development program and budget set forth in the Plan will carry out the objectives of the Development District by assisting economic development and redevelopment, creating new job opportunities, and enhancing the tax base. 3. The development program and budget as set forth in the Plan, having been duly reviewed and considered, is approved and the area described therein is hereby designated as Connemara Industrial Development District. ADOPTED this 17th day of May, 2022. _______________________________________ William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk RS125-19-788305.v4 DEVELOPMENT PLAN FOR CONNEMARA INDUSTRIAL DEVELOPMENT DISTRICT PORT AUTHORITY OF THE CITY OF ROSEMOUNT CITY OF ROSEMOUNT, MINNESOTA Approved by the City Council: May 17, 2022 Adopted by the Commission of the Port Authority: May 17, 2022 Prepared by: Kennedy & Graven, Chartered (JSB) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 RS125-19-788305.v4 i TABLE OF CONTENTS Page Section A. Introduction and Background ....................................................................... 1 Section B. Description of Development District ............................................................ 1 Section C. Definitions ..................................................................................................... 1 Section D. Statutory Authority ....................................................................................... 3 Section E. Statement and Findings of Public Purpose ................................................... 3 Section F. Statement of Objectives ................................................................................ 4 Section G Financing and Budget ................................................................................... 5 Section H Property Acquisition ..................................................................................... 5 EXHIBITS EXHIBIT A Map of Connemara Industrial Development District ............................................... A-1 RS125-19-788305.v4 1 A. Introduction and Background. The Port Authority of the City of Rosemount, Minnesota (the “Authority”), proposes to establish the Connemara Industrial Development District (the “Development District”), as provided for in Minnesota Statutes, Chapter 469.058. This document comprises the development plan and budget (the “Development Plan”), as provided for in the Enabling Resolution. The area within the boundaries of the Development District is zoned for commercial use and , although acquired by a private developer for commercial development, has remained undeveloped for more than a decade. The Authority and the City have long targeted the Development District for eco nomic development. The Authority desires to create the Development District and issue obligations to construct the Recreational Facility to spur economic development within the Development District . B. Description of Development District Connemara Industrial Development District , established hereby, consists of the area within the boundaries generally illustrated in the map attached as Exhibit A, as the same may be amended C. Definitions. For the purposes of this Development Plan, the following terms shall have the following meanings, unless the context specifically requires otherwise: “Act” means collectively, the EDA Act, the Enabling Act, the HRA Act, and the Port Authority Act . “Authority” means the Port Authority of the City of Rosemount, established pursuant to the Enabling Act. “Commission” means the Commission of the Authority. “City” means the City of Rosemount, Minnesota, a statutory city and municipal corporation under the laws of the State of Minnesota. “City Council” means the City Council of the City. “Comprehensive Plan” means the City's Comprehensive Plan, as amended, a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the City and including a land use plan, a community facilities plan and a transportation plan which has been prepared and adopted by the City. “Costs” means all legally permissible costs incurred or to be incurred by or on behalf of the Authority in carrying out the Development Plan, including but not limited to: (a) the costs of any development or redevelopment activities consistent with the Development Plan as originally adopted or subsequently amended; (b) costs of administering the Development RS125-19-788305.v4 2 District; and (c) debt service payments on any obligations issued to finance Costs authorized by the Development Plan. “County” means the Dakota County, Minnesota. “Development District ” means Connemara Industrial Development District , established hereby, as the same may be amended, the boundaries of which are generally illustrated in the map attached as Exhibit A. “Development Plan” means this development plan and budget for the Development District, dated June 21, 2022, as it may be amended or supplemented from time to time. “EDA Act” means Minnesota Statutes, Sections 469.090 to 469.1082. “Enabling Act” means Minnesota Statutes, Section 469.0813, the special law applicable to the City that authorizes the Authority to exercise powers under the Port Authority Act and the HRA Act . “Enabling Resolution” means that certain resolution adopted by the City Council on September 3, 1991, which established the Port Authority and its policies and procedures and also established the Authority as an economic development authority and authorizes the Authority to exercise powers under the EDA Act . “HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047. “Port Authority Act ” means Minnesota Statutes, Sections 469.048 through 469.068, as amended. “Recreational Facility” means the recreational facility to be constructed in the Development District , owned by the Authority, and which may be leased to a private operator. “School District” means Independent School District 196. “State” means the State of Minnesota. RS125-19-788305.v4 3 D. Statutory Authority. The Authority is authorized under the Act and pursuant to the Enabling Resolution to undertake and administer the Development Plan and the Development District, and to finance Costs through the issuance of bonds. It is the intention of the Authority, notwithstanding the enumeration of specific goals and objectives in this Development Plan, that the Authority shall have and enjoy with respect to the Development District the full range of powers and duties conferred upon the Authority pursuant to the Act and such other legal authority as the Authority may have or enjoy from time to time. The Authority is authorized under the Act to undertake and administer the Development Plan and the Development District, and to finance Costs of the Development District through issuance of bonds. E. Statement and Finding of Public Purpose The Authority finds there is a need for development and redevelopment within the City and , in particular, within the Development District, and a need to provide an improved local tax base, to provide public facilities, to provide employment opportunities, and to improve the general economy of the City and the State. The sound development of the economic security of the residents of the City depends upon proper development of marginal and other property, which is defined in Section 469.048, subdivision 5, of the Port Authority Act and includes property that meets any one of a number of conditions, including properties whose values are too low to pay for the public services required or rendered and properties whose lack of use or improper use has resulted in stagnant or unproductive land that could otherwise contribute to the public health, safety, and welfare. The Authority finds that the Development District is proper and desirable to establish and develop a system of harbor and river improvements and industrial developments in its port district. For this purpose, "development" includes redevelopment, and "developing" includes redeveloping. The Authority finds that , in many cases, marginal property cannot be developed without public participation and assistance including proper planning, land acquisition, clearance of blighted constructed improvements, and the financing of various public and private improvements necessary for development and redevelopment. In cases where the development of marginal and other property cannot be done by private enterprise alone, the Authority finds it to be in the public interest to consider the exercise of its powers, the expenditure of public money and the provision of other means and impetus for development. The Authority finds that the City lack s adequate public recreational facilities to serve the needs of the City’s population. Acquisition of land at the proposed site in the Development District will allow the Authority to facilitate development of the Recreational Facility and encourage development within the Development District . The proposed site in the Development District will provide adequate space to develop the Recreational Facility. The Development District will allow the City and the Authority to encourage commercial development within the Development District and stimu late future development of the City, including attraction of commercial development by providing access to public services, including without limitation recreational facilities and services, to the citizens of and visitors to the City. The Recreational Facility is a necessary public facility and the site will be RS125-19-788305.v4 4 acquired and developed at a cost reasonably related to the public purpose to be served without need of any residential clearance activities. Development of the Recreational Facility is anticipated to provide a stimulating effect for development of other parcels in the Development District . The Authority specifically finds that (i) certain property within the Development District may not be available for development without public assistance; (ii) that , with public financial assistance, the activities in the Development Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Development District by private enterprise, and (iii) that the Development Plan conforms to the general plan for the development of the City as a whole. F. Statement of Objectives. The Authority seeks to achieve the following objectives for the improvement of the Development District through the Development Plan. 1. Promote the prompt development and redevelopment of property within the Development District in a manner consistent with the City comprehensive plan, which property is currently less productive because of insufficient pubic infrastructure, lack of adequate community services, or general marginal conditions. 2. Promote the development of adequate public facilities necessary to serve the Development District and the City as whole, including without limitation the development of the Recreational Facility. 3. Promote the concentration of appropriate commercial and industrial development within the Development District in order to enhance the City’s tax base. 4. Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, which would thereby improv e living standards and prevent unemployment and the loss of skilled labor and other human resources in the City; 5. Spur economic development to secure an increase in taxable market valuations in order to better enable the City, the School District, the County and other taxing jurisdictions to pay for public improvements and governmental services and programs required to be provided by them; and 6. Construct, acquire or finance any public facilities, including recreational facilities, sanitary sewer, water, storm drainage and roads, deemed necessary and desirable for the development or redevelopment of the Development District. 7. Assist in development or redevelopment through provision of public services, demolition and relocation, soil and terrain corrections or site improvements, or land acquisition, all in cases deemed appropriate by the Authority. RS125-19-788305.v4 5 8. Employ any powers of the Authority under the Act for the benefit of the Development District in such cases and upon such terms as the Authority may deem appropriate. G. Financing and Budget. The Authority’s initial financing plans relate to Costs in connection with the construction of the Recreational Facility. The Authority plans to finance the Costs primarily through the issuance of general obligation bonds. The Authorit y may also use revenues from any other source available to it to pay any Costs, including without limitation landfill tipping fees and lease payments from a private operator of the Recreational Facility. The Authority’s initial expenditures for the Development District are not expected to exceed the following: Land Acquisition $2,500,000 Costs of Issuance and other transactional costs $164,000 Capitalized Interest Expense $6,600,000 Site Planning, Grading, and Site Improvements $2,500,000 Building Construction $50,000,000 Total $61,764,000 In addition, the Authority will use available revenues to pay interest expense on bonds and other obligations and ongoing fiscal administration expenses. Any changes to the proposed budget from time to time may be submitted to the Commission and City Council for approval by resolution without the need for a formal amendment to this Development Plan. H. Property Acquisition The Authority may acquire such property, or interests therein, as the Authority may deem necessary or desirable to carry out the objectives of the Development Plan. B-1 RS125-19-788305.v4 EXHIBIT A Map of Connemara Industrial Development District