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HRA Agenda 04-20-1987MINUTES MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Friday, April 3, 1987 - 9:OOAM Monticello Council Chamber Members Present: Acting Chairperson Bud Schrupp, Ken Maus, Ben Smith, and Al Larson. Members Absent: Marlys Erickson. 1. Call To Order. Acting Chairperson Bud Schrupp call the HRA meeting to order at 9:04AM. 2. Approval of the February 4, 1987 HRA Minutes. Ken Maus motioned to approve the February 4, 1987 HRA Minutes, Ben Smith seconded the motion. Minutes stand approved. 3. Public Hearing on the Dispositon of Public Land for Construction Five Tax Increment District 05. Acting Chair Bud Schrupp opened the hearing for comment from the publics however, with no publication of notice in the newspaper the hearing will remain open until Monday, April 20, 1987, 9:00 AM to allow for proper publication notice. 4. Consideration of the HRA to Execute a Quit Claim Deed for Construction Five Tax Increment District 05. Koropchak reiterated the reason for a Quit Claim Deed, although Construction Five has possession of the land. The HRA acquiree and reconveys the land to Construction Five for security reasons and for the County Assessor to legally assign a market value to the property. Ken Maus explained the uniquiness of the property which would constitute a hardship to a developer for the coat of public improvements. This the reason for creation of Tax Increment District 05. Al Larson questioned the need for more apartments in the City of Monticello. Koropchak explained the 402 ratio for apartments under the City Zoning Ordinance. Ken Maus motioned to adopt the execution of a Quit Claim Deed for Construction Five Tax Increment District 05, with the provision, that no public contentment will be hoard at the April 20 public hearing. Seconded by Al Larson, and passed 4-0. 5. Consideration of Concept APeroval and the Use of Tax Increment Financing for NAWCO Minnesota[ Inc. After a short discussion of the proposed Tax Increment District 07 for NAWCO Minnesota, Inc., Kon Maus further stated the purpose of TIP for economic development and his view of a very high quality product produced by the this company. Ban Smith motioned to approve the concept and the use of Tex Increment Financing for NAWCO RRA Minutes - 4/3/87 Minnesota, Inc. gen Maus seconded the motion and passed 4-0. 6. Other Business. Acting Chairperson Bud Schrupp having welcomed Al Larson to the MRA, he excused himself from the meeting and gen Maus proceeded to preside. Other properties discussed were IBI Complex, Data Card, Key Tool 6 Plastics, and the Post Office. What and when in the future potential for door-to-door mail delivery in Monticello? Is a public hearing necessary for the sale of the Old Fire Ball? These were questions raised and to be answered. 7. Adjournment. Ben Smith motioned to adjourn the BIW meeting, Al Larson seconded the motion. Meeting adjourned at 9:45AM. Olive M. goropchak, Executive Secretary Monticello Mousing and Redevelopment Authority C HRA Agenda - 4/.20/87 3. PUBLIC HEARING ON THE DISPOSITION OF PUBLIC LAND FOR CONSTRUCTION FIVE TAX INCREMENT DISTRICT #5. A. REFERENCE AND BACKGROUND. Construction Five started preliminary construction on the proposed 24 -unit apartment building and 30 -unit apartment building on April 1, 1987. Legal property description: Lots 1-5, Block 1, Construction Five Addition, City of Monticello. The HRA adopted the Tax Increment District i5 Development Agreement with Construction Five on February 4, 1987. At the March 23, 1987, City Council meeting, the council accepted the low bid from S b L Excavating for the construction of public improvements in Construction Five Subdivision. Due to the low bid, the budget for the Tax Increment Financing project was reduced from $530,000.00 to $365,000.00. The City Council adopted a resolution netting the sale of Tax Increment Finance Bonds for Improvements in the Construction Five Addition. Jerry Shannon, Springsted, Inc., recommended the sale of a $365,000.00 G.O. Tax Increment Bonds. The final bond bids for the award of sale is scheduled for the April 27, 1987 City Council meeting. Public improvements for the said project include water and sewer, streets, curb and gutter along Lauring Lane, Fallon Drive, and Washington Street. Upon the advice of Mr. Bob Deike, Development Agreement Attorney for Holmes b Graven, the HRA should execute a e Quit Claim Dead for the acquisition and reconvoyance of Lot 1-5, Block 1, Construction Five Addition, City of Monticello to Construction Five. This a security measure for the HRA. The Quit Claim Deed's provision states that Construction Five cannot sell the said above property during the construction period and that construction of the two proposed said apartment buildings will be completed in 1987. Second, the Minnesota Statutory states that before a market value can legally be assigned to said land and improvmente by the County Assessor, a Quit Claim Deed need be executed between the "Grantor" and the "Grantee". The consideration of One Dollar ($1.00) hereby will acknowledge the acquistion and reconveyance of said property from the HRA to Construction Five. The County Assessor assigned a 1.5 million dollar market value to the said land and improvments. According to Minnesota Statutory a public hearing must be hold on the disposition of public land. This being the purpose for the said public hearing. The public hearing opened on April J. ad/, and remained open due to no publication notice in the newspaper. The notice having appeared in the newspaper (sea enclosure), testimony may be accepted, thereafter, the public hearing closed. Being a public hearing, there really are no alternative actions. c •: �onct a queue MrAfnyfo �: F^ . • ' DMMSt710N 0s "MX LAMM rN6" is hewby On. thq ark t».rirq � - wW a fydd at 0 o'dotk a.m. w Mw dsy. A 20, 1007, the Monticalio City Councli Chamban, 250 Em Broadway. Mon0caft. .Mimow ta• 502E2, for the ptepoM of wcap- ttrp txmmm�t on ttu proposed uoulsltton and suAMatiuent recSwayenoa by tM MouaMp and AuVwtTy to R". a Minnnots CorWstion. of thS foUawing property: •� 1.0.B100I.Constnxtlon Five Ad• .. • ; dKlwf. City of Monrieetlo. ` TM ompow We is ,Dsn of the MRA Man and Is TaaRartzramenI Dimkt No. 4 � Included M . • to eubnit written ox"n ants drould Submit said comments to ft ofties at the Clpr Ad- dinisvator no lets than 0:00 a.m.. Monday. April 20.,1907. —00va M. Komothak. 1 ' Exlww# Bedetry .. • Momics0o Mousing and Radsyslopmant Author t0E71 .. IAW 0 10, I HRA Agenda - 4/20/87 4. CONSIDERATION OF THE HRA TO EXECUTE A gUIT CLAIM DEED FOR CONSTRUCITON FIVE TAX INCREMENT DISTRICT 05. A. REFERENCE AND BACKGROUND. With the continuation of the public hearing from April 3, 1987 and with the assumption of no conteetment and, therefore, the hearing closed; I suggest the HRA amend the motion of April 3, 1987. This for the purpose to clean house, a new motion with a current date without any stated provisions. The April 3, 1987 motion was to adopt the execution of a Quit Claim Deed for Construction Five Tax Increment District /5, with the provision, that no pulbic conteetment will be heard at the April 20 public hearing. Necessary reference and background information was provided with the public hearing supplement. City staff recommends the following. B. ALTERNATIVE ACTIONS. 1. The HRA adopt the execution of a Quit Claim Deed between the HRA and Construction Five. 2. The NRA not adopt the execution of a Quit Claim Deed between the HRA and Construction Five. C. STAFF RECONMMENDATION. City Staff recommends the HRA adopt the execution of a Quit Claim Deed. D. SUPPORTING DATA. A copy of the Quit Claim Deed was provided with the April 3 agenda. N HRA Agenda - 4/20/87 + 5. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT FOR CONSTRUCTION FIVE. A. REFERENCE AND BACKGROUND. The HRA and the Monticello City Council having adopted Tax Increment District 95, thereby, adopted the Redevelopment Agreement between the Monticello Housing and Redevelopment Authority and Construction Five. On March 23, 1987, the City Council adopted a resolution authorizing the sale of Tax Increment Bonds in the amount of $365,000.00 for the Construction Five Project. Bide will be received at the Council meeting the evening of April 27, 1987, 7:3OPM. The proceeds of this bond issue will be turned over to the HRA for public improvements along Lauring Lane, Washington Street, and Fallon Drive and for payment of all administrative, contingency, legal, and capitalized Interest coats. The debt incurred by the City shall be paid by the tax increment generated from the project. A Tax Increment Pledge Agreement is an agreement between the City of Monticello and the Housing and Redevleopment Authority inwhich the HRA pledges the proceeds of the tax Increment to the City of Monticello for the retirement of the bond debt. The agreement must be executed before the bonds are awarded. B. ALTERNATIVE ACTIONS. 1. The only alternative is to adopt the resolution author- izing the execution of a Tax Increment Pledge .Agreement. Without the money, the project cannot be completed. C. STAFF RECOMMENDATION. Staff recommendation is stated above. D. SUPPORTING DATA. 1. Resolution 87-4. 2. Resolution for Execution of the Pledge Agreement. 3. Tax Increment Pledge Agreement. RESOLUTION 87-4 A RESOLUTION ADOPTING A MODIFICATION OF AN EXISTING TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT PURSUANT TO THE PROVISIONS OF SECTION 273.71 TO 273.78 INCLUSIVE OF THE MINNESOTA STATUTES AND AMENDING THE FINANCING PLAN FOR SAID TAX INCREMENT FINANCING DISTRICT WHEREAS, the City Council of the City of Monticello. Minnesota, has determined the need to modify the finance plan of an existing tax increment financing district pursuant to Minnesota Statutes, Section 273.71 to 273.78 inclusive, within the redevelopment project modification area created pursuant to Minnesota Statutes, Chapter 462.411 at seg.; and WHEREAS, the City Council of the City of Monticello. Minnesota, found in 1982 that the tax increment financing district to be modified was an economic development district pursuant to Minnesota Statutes, Section 273.73, Subdivision 12; and WHEREAS, the proposed modification to the finance plan will result in the preservation and enhancement of the tax base of the City; and WHEREAS, the Planning Commission has reviewed the proposed modification e of the tax increment financing district; and WHEREAS, the members of the School Board of Education of the Local Independent School District 0882 and the Board of Commiesionore of the County of Wright have boon informed of the fiscal and economic implications of the proposed tax increment financing redevelopment district modification; and WHEREAS, a public hearing was hold on January 26, 1987, at 7:30 o -clock p.m. before the City Council in the Council Chambers in the City Hall, in Monticello, Minnesota, notice of which has boon published once in the official nowopapor for the City, not leen than ton, nor more than thirty days prior to January 26, 1987; and WHEREAS, at said public hearing all persons and portion were given full opportunity to present written or oral tootimony, comments, objoctiono, ouggoationo, and other matters, all of which were duly considered by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO that the City of Monticello does hereby modify the existing tax increment financing redevelopment district, and amond the financing plan for said modified tax increment financing economic development district and finds: Resolution 87- 4 Page 2 1. That the tax increment financing district as modified herein is a tax increment financing redevelopment district since the construction of the 24 and 30 unit apartment structures will increase the assessed value and thus preserve and enhance the tax base of the City, and will allow the recovery and rehabilitation of blighted and unsuitable lands. 2. That the proposed redevelopment within the tax increment financing district as modified herein would not have reasonably been expected to occur solely through private investment because, in the opinion of the City, the cost associated with land reclamation and public improvements would be prohibitive. 3. That the Planning Commission has reviewed the tax increment financing plan as modified herein and it conforms to the general plan for the development of the municipality as a whole because it will result in an increase in the City -s commercial and housing activity. 4. That the tax increment financing plan as modified herein will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development by private enterprise as it will enable the City to assist the developer with the construction of two multiple housing structures by providing a suitable site for development. The City Council of the City of Monticello, Minnesota, does hereby approve the modification Y1 to the Tax increment District A5 and financing plan. Adopted by the City Council this 9th day of February. 1987. Arva A. Crimemo, Mayor Q Ii Thomas A. Bidsm City Administrator HRA Resolution No. 87 - RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT WHEREAS, the Monticello Housing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment District No. 5 (the "District"), prepared a Tax Increment Financing Plan (the "Plan") for the District, and has heretofore approved the Plan; and WHEREAS, the City Council of the City of Monticello (the "City") has heretofore approved the Plan; and WHEREAS, in order to finance the District, it is necessary that the Authority enter into a Tax Increment Pledge Agreement with the City pursuant to Minnesota Statutes, Section 473.77, securing $365,000 aggregate principal amount of General Obligation Tax Increment Bonds, Series 1987A of the City and the interest thereon, issued to finance the District and any additional bonds that may be issued to finance the District. NOW THEREFORE, BE IT RESOLVED by The Monticello Housing and Redevelopment Authority, 1.That the Chair of the HRA is hereby authorized and directed to oxeeute the Tax Incremont Pledge Agreement (the 'Agreement"), on behalf of the Authority in substantially the form attached hereto as Exhibit A and incorporated herein by reference. 4. Upon execution of the Agreement by the parties thereto, the Secretary of the Authority is hereby directed pursuant to Minnesota Statutes, Section 473.77, to file an oxecuted copy of the Agreement with the County Auditor of Wright County, Minnesota. Adopted this day of , 1987. Attoett secretary Chair TAX INCREMENT PLEDGE AGREEMENT by and between THE CITY OF MONTICELLO, MINNESOTA and THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO. MINNESOTA THIS AGREEMENT is made and entered into on or as of the day of , 1987, by and between the City of Monticello, Minnesota (the "City"), and The Housing and Redevelopment Authority in and for the City of Monticello, Minnesota (the "HRA"). WHEREAS, the HRA established Redevelopment District No. 5 (the "District"), prepared the Tax Increment Financing Plan No. 5 (the "Plan") for the District, and approved the Plan on January 7, 1987; and WHEREAS, the City Council of the City approved the Plan on February 9, 1987; and WHEREAS, pursuant to authority conferred by Minnesota Statutes, Section 273.77, and Minnesota Statutes, Chapter 475, the City has agreed to finance certain public redevelopment costa to be incurred by the HRA in the District through the Issuance of general obligation bonds of the City, designated the $365,000 General Obligation Tax Increment Bonds, Series 1987A, and hereinafter referred to as the "Bonds"; and WHEREAS, the HRA has agreed to pledge certain tax increment revenues to the City for the payment of the principal of and interact on the Bonds; and WHEREAS, pursuant to Minnesota Statutes, Section 273.77(a), any agreement to pledge tax increment rovenuao must be made by written agreement by and between the HRA and the City and must be filed with the County Auditor of Wright County; NOW, THEREFORE, the City and the HRA mutually agree to the following: (1) The City will sell the Sonde. (2) The proceeds from the sale of the bonds and the earnings from the investment of ouch proceeds will be made available to the HRA to pay or reimburse tho HRA for public redevelopment costa paid, incurred, or to be paid or incurred, by the HRA in the District. (3) All tax increment generated by the District from and after the date of this Agreement shall be deposited in a special fund (the "Project Pund") held by the HRA. The HRA hereby pledgee to the payment of the principal and interest on the Bonds, tax increment from the Project Fund in an amount equal to 105• of the annual principal and interest due on the Bonds. Tax Increment Pledge Agreement Page 2 (a) Before the date of certification of City taxes in each year for collection by Wright County (such date being hereinafter referred to as the "Certification Date"), there shall be transferred from the Project Fund to the Debt Service Account maintained by the City for the payment of the Bonds, an amount which when taken together with amounts already on deposit in the Debt Service Account, is equal to 105% of all principal and interest then due or to become due on the Bonds on the following three debt service payment dates. If, prior to any Certification Date the Project Fund contains an amount in excess of the amount to be transferred to the Debt Service Account maintained by the City for the payment of the Bonds before such Certification Date, then such excess amounts shall be available to the HRA to pay or reimburse the HRA for public redevelopment coats paid, incurred, or to be paid or incurred by the HRA in the District. (5) Without regard to anything in this Agreement to the contrary, tax increment generated by the District shall be available to pay principal of and interest on both the Bonds and any other obligations issued by the City, HRA, or any other public body to finance public redevelopment costs paid or incurred by the HRA in the District. (6) When the entire public redevelopment costa of the District have boon paid and all principal and interest on the Bonds and other obligations issued to finance the public redevelopment costs of the District have been paid, and the City has been reimbursed from collection of tax increment from the Project for collections of general ad valorem taxes used to pay principal of and interest on the Bonds, then the HRA shall report ouch fact to the City Council of the City and the HRA shall submit a final statement of such payments. Iron audit of this statement and approval thereof by the City Council, the payment of the expenditures of the NRA in the Project shall be reported to the County Auditor of Wright County. (7) An Executed copy of this Agreement ohall be filed with the County Auditor of Wright County pursuant to the requirement contained in Hinnosota Statuteo, Section 273.77(x). Tax Increment Pledge Agreement Page 3 IN WITNESS WHEREOF, the City and the NRA have caused this Agreement to be duly executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be attested, as of the day and year first above written. ATTEST: CITY OF MONTICELLO BY Clerk-Adminictrator Mayor (SEAL) ATTEST: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO. MINNESOTA Secretary Chairmen