Loading...
City Council Agenda Packet 10-30-1989SPECIAL MEETING MONTICELLO CITY COUNCIL OCTOBER 30, 1989 5:00 PM Mayor: Ken Maus Council Members: Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen 1. Call to order. 2. PUBLIC REARING - Proposed Adoption of the Development Program For Development District No. 1 and the Proposed Adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1, of the City of Monticello. 3. Consideration of Resolution approving the establishment of the Development Program for Development District No. 1, and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. 4. Adjournment. c Special Council Agenda - 10/30/89 2. PUBLIC HEARING - Proposed Adoption of the Development Program For Development District No. 1 and the Proposed Adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 of the City of Monticello. 3. Consideration of Resolution Approving the establishment of the Developinent Program for Development District No. 1, and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. Q.0.) A. REFERENCE AND BACKGROUND: On Septeinber 25, 1989, Council approved the basic framework for use of tax increment financing in conjunction with the development of an addition to the Monticello Mall. Staff was directed to prepare a development program and finance plan accordingly and submit said plans to the School District and County for review. Councilmembers also received a copy of the TIF plans. Please refer to your copy of the plan, as an additional copy is not being included with this memo. If you should need another copy, please contact Karen Doty. On October 9, 1989, Council scheduled the public hearing on the proposed adoption of said plans and submitted notices of the public hearing to the general public and to the County and School District. Legal requirements preliminary to adoption of the plans have now been met; however, the TIP plan cannot be executed at this time because developer financing is not yet arranged and because a developer agreement is not In place. Developinent of the K -Mart addition to the ;null is on hold because Lincoln Companies has been unable to obtain necessary financing. After speaking With The Lincoln Coirpanies' officials, it is ury understanding that The Lincoln Co;panies is actively pursuing financing options and remains positive that the necessary financing will be obtained. I have been informed also that problems in obtaining financing are not due to any reluctance on the part of K-Ma;t to uign a lease agreement, as K—Mart has not withdrawn its letter of intent. The Lincoln Co;rpantes requests that the City adopt the TIP plans contingent on acquisition of financing and subsequent execution of a developer agreement. The developer agreement is designed to assure the City that funds expended on TIP activities will be recovered through the tax revenue created by the developnent. This is an Important doaurent that ;suet be executed prior to fonml adoption of the TIP plans. D. ALTERNATIVE ACTIONS: 1. Motion to approve the resolution establishing the Development Program for Development District No. 1, and the Tax Increment Financing Plan for Tax Increment Financing Diatrict No. 1-1, subject to execution of developer agreement and secured developer's financing. Special Council Agenda - 10/30/89 Under this alternative, the plan is placed on hold until The Lincoln Companies obtains the necessary financing. Once the financing is obtained, Lincoln Companies would enter into the developer agreement with the City. At this point, the TIF plan would go into effect. Approving the TIF plans contingent on execution of the developer agreement will expedite the development by eliminating the need to bring the utter back to Council. It could also be that the ability of The Lincoln Companies to obtain necessary financing could be improved if the TIF district and finance plan are in place. However, this may jeopardize the time clock for collection of increment. If the TIF Plan is approved and the project ,pit comrpleteJ by January 1, 1991, the City runs the risk of not collecting the projected total years of increment as allowed by State statutory. Certification of a Tax Increment Economic District is either 10 years from the date of TIF Plan adoption or 8 years from the date of County certification. 2. Motion to deny adoption of resolutions. This alternative should be selected if Council desires to change its position with regards to the proposed use of TIF. If Council wishes to reduce or increase the TIP funding level, the plans before you D should not be adopted. With this alternative, a new set of plans should be prepared outlining the new level of TIF funding, if any. Please note that The Lincoln Coripanies has not asked that Council reconsider the proposed level of TIP funding. It is not known to what extent a reduction or elimination of the use of TIF and concurrent time delays would jeopardize the project. 3. Motion to take no action on approving establislunent of the Development Program for Development District No. 1, and The Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. Under this alternative, the City Council would siirply open the public hearing allowing for public commnent and discussion, and close the public hearing, taking no action for approval of the said resolution. The resolution approval would appear on the City Council agenda in the future. This would allow amnple time for negotiations and agreement of the Developer's Agreement between The Lincoln Coirpanies and the city staff; allows City Council time to review and approve the agreed upon Developer's Agreement; allows City Council time to reconsider, if so desired, the proposed level of TIP funding, allows The Lincoln Coirpanies more time for financial approval; allows the City to be in the driver's neat, and eliminates the City's risk of not collecting the projected total years of increment for an economic district, yet, meets the statutory requirements of a Public Hearing. Special Council Agenda — 10/30/89 C. STAFF REM MlENDATION: Staff recoutnends that Council select alternative 13, for reasons stated above. D. SUPPORTING DATA: copy of the resolution for adoption. C resolution, tilereading of— hich consent, and moved its adoption, CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE ESTABLISHMENT OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1� RELATING THERETO. HE IT RESOLVED by the City Council (the *Council-) of the City of Monticello, Minnesota (the "City"), as follows, Section -1. Recitals. 1.01. It has been proposed that the city establish Development District No. I and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 therein and approve and adopt the proposed Tax Increment Financing Plan with respect thereto, all pursuant to anti in accordance with Minnesota Statutes, Sections 469.124 through 469.134, inclusive, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive. 1.02. The Council tins investigated the facts and hes caused to be prepared a Development Program for Development District No. 1, and describing the action to be undertaken by the City to aid the development of Development District No. 1. 1.03. Tho City has performed all actionn required by law to be performed prior to the astahl.ialiment of Development District No. 1. and tiro adoption of the Tax Increment Financing Flan for Tax Increment Financing District No. 1.1 relating thereto. Section 2. Findinas for the Hatablishment of Development District No. l.. 2.01. Tho Council hereby rinds that the eatablLshment of the Development Program for. Development District No. I and the establishment of the TAX Increment Financing Plan for Tax Increment• Financing District No. 1-1 are intended and, in the judgement of this Council, its effect will be, to provide an impetus for commercial And Industrial development in the City, to increaso employment, and otherwise promote certain public purposes and accomplish certain objectives as apecified in the Development: Program. Section s. rima "p, Increment Financing District Novi -1. - 3.01. The Council hereby finds that Tax Increment Financing District No. 1-1 consists of a project, or a portion of a project, not meeting the requirements found in the definition of a redevelopment district, a housing district, or a soils correction district, but which the Council finds to be in the public interest becausee (a) it will discourage commerce, Industry or manufacturing from moving their operations to another states or (b) it will result in increased employment in the municipalityi or (c) i It will result in the preservation and enhancement of the tax base of the municipality. 3.02. The CouneLl further finds that the proposed development, 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 in deemed necessaryl that the Tax Increment Financing Plan conforms to the general plan for the develop- ment or redevelopment of the City as n wholer and that the Tax Increment Financing Plan will afford maximum opportunity consistent with the sounds needs of the City as a whole, for the development of Tax increment Financing District No. 1.-1 by private enterprise. 3.03. The Counci.i further finds that the establishment of Tax Increment Financing District No. 1.1 to intended and, in the judgement of this Council, its effect will be, to promote the public purposee and accomplish the objectives specified in the Tax Increment Financing Plan. 3.04. The Council further Linda, declares and deter- mines that the City made the above findings stated in Section 3 and has set forth the reasons and supporting facts for each determination in writing, attached hereto ae Exhibit A. Section 4. Approval of the Development Proqram and Tax Increment Financing Plan. 4.01.. The UoveLopment Program for Development. District No. 1, and the Tax increment Financing Plan for Tax Inceement Financing District No. 1.-1 are hereby approved and adoptod And shall be placed on file in tiro office of the Clerk at City Hell. The motion for the adoption of the foregoing Etesolution was duly seconded by councilmember , and uppon vote being taken thereon, the following voted in favor t4�eruof s and the following voted against the same: Dateds , 1989. Mayor ATTBSTt Clerk r EXHIBIT A TO RESOLUTION NO. The reasons and facto nupportiny the findings for the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that Tax Increment Financing District No. 1-1 is an "economic development district" as defined In Minnesota Statutes, Section 469.174, Subdivision 12. Reese refer to Exhibit 11-13 of the Tax Increment Financing Plan for Tax Increment Financing District No, 1-1. 2. Finding that the proposed development, in the opinion of the Council, would not occur Aolely through private in- vestment within the reasonable foreseeable future anJ, therefore, the use of tax increment finnncing is deemed necessary. City staff has reviewed the available financing coots nAaocinted with this development. Due to the high COALS of the public improvements, Live project would not be financially feasible without the City's assistance. 3. Finding Lhgt the Tax Increment Financing Plan confurma to the general plan for the development or redevelopment of the municipality as a whole. The Monl.icc,llo Planning Commission reviewed the Tax increment Financing Finn for Tax Increment Financing District No. 1-1 on October 3, 1909, and doLermined that: the Tax Increment Financing Plan Cor Tax Increment Financing District No. 1-1 conformn to the comprehensive plan of the City. 4. Finding that thn Tax Increment Financing Pian for Tax Ineremont Financing District No. 1-1 will afford maximum opportunity consistent with the sound needs of the City no a whole, for the dsveloment of Development bietrict No. 1 by private enterprise. The project includes the construction of a K -Mart facility north of Interstate 94. The Tax lncromont Financing funds will be used to realign a collector street which the City feels Is neceasary to improve safety and traffic flow. STATE, OF MINNESOTA ) COUNTY OF WRiGHT )es. CITY OF MONTICELLO 1 1, the undersigned, being the duly qualified Clerk of the City of Monticello, Minnesota, Do HEREBY CERTIFY that 1 have carefully compared the attached and foregoing extract of minutes of a meeting of the City council of said City held on the date therein indicated with the original minutes thereof on file in my office and that the same Is a full, true, and correct transcript thereof insofar as said minutes relate to Resolution No. WITNESS my hand officially and the official seal of the City this day of , 1989. (SEAL) A ---- Cre—r-k