HomeMy WebLinkAbout2000 01-24 EDAP ** REVISED **
EDA MEETING
City of Brooklyn Center
January 24, 2000 AGENDA
1. Call to Order
2. Roll Call
3. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the Economic Development Authority
and will be enacted by one motion. There will be no separate discussion of these items
unless a Commissioner so requests, in which event the item will be removed from the
consent agenda and considered at the end of Commission Consideration Items.
a. Approval of Minutes
- Commissioners not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. January 10, 2000 - Regular Session
4. Commission Consideration Items
a. Resolution Recommending the Creation of a TIF District #4 Fund, Dividing the
E.D.A. Fund into an E.D.A. 91 Fund and an E.D.A. #2 Fund, and Amending the 2000
E.D.A. Budget
-Requested Commission Action:
- Motion to adopt resolution.
b. 1. Resolution Adopting Business Subsidy Policy
- Requested Commission Action:
- Motion to adopt resolution.
2. Resolution Approving Redevelopment Agreement with Talisman LLC
- Requested Commission Action:
- Motion to adopt resolution.
5. Adjournment
EDA Agenda Item No. 3a
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF l-IENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
J.ANL.T AR Y 10, 2000
CITY HALL
1. CALL TO ORDER
The Brooklyn Center Economic Development ,authority (EDA) met in regular session and was
called to order by President Myrna Kragness at ' :40 p.m.
2. ROLL CALL
President Myrna Kragness, Commission Members Debra Hilstrom, Kay Lasman, Ed Nelson, and
Robert Peppe. Also present: Executive Director NTichael J. McCauley, Assistant City Manager Jane
Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum.
i 3. APPROVAL OF AGENDA AND CONSENT AGENDA
® A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to approve the agenda and
consent agenda. Motion passed unanimously.
3a. APPROVAL OF MINUTES
A motion by Commissioner Hilstrom, seconded 1 -y Commissioner Nelson to approve the minutes
from the regular session on December 13, 1999. '\- lotion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION ELECTING OFFICERS FOR THE ECONOMIC
DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN
CENTER
President Kragness requested electing the follo ing:
is 01/10/00 -1- DRAFT
President/Treasurer: Myrna Kra ness
Y g
Vice - President: Debra Hilstrom
Assistant Treasurer: Charlie Hansen
Secretary: G. Brad Hoffman
RESOLUTION NO. 00 -01
Commissioner Peppe introduced the following resolution and moved its adoption:
RESOLUTION ELECTING OFFICERS FOR THE ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Nelson. Motion passed unanimously.
Y
4b. RESOLUTION DESIGNATING DEPOSITORIES OF EDA FUNDS
Executive Director Michael McCauley discussed this resolution would authorize the Marquette Bank
Brookdale to be designated as the depository of funds for the Economic Development Authority.
RESOLUTION NO. 00 -02
Commissioner Lasman introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING DEPOSITORIES OF EDA FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Nelson. Motion passed unanimously.
5. ADJOURNMENT
A motion by Commissioner Lasman, seconded by Commissioner Nelson to adjourn the meeting at
7:43 p.m. Motion passed unanimously.
President
01/10/00 -2- DRAFT
EDA Agenda Item No. 4a
MEMORANDUM
TO: Michael J. McCauley. City Manager
FROM: Charlie Hansen Finance Director
DATE: January 18, 2000
SUBJECT: Resolution Creating a TIF District #4 Fund and Dividing the
E.D.A. Fund into an E.D.A. #1 Fund and an E.D.A. #2 Fund
The attached resolution creates a special revenue fund to handle TIF revenues received
from the TIF District #4 created to handle soils conditions at the Joslyn Site. Resolution
99 -34 approved the creation of the TIF District and adopted the required tax increment
financing plan, but was silent regarding the creation of a fund to account for the activity.
The resolution also divides the E.D.A. fund into two funds. The E.D.A. Fund was
created in the mid 1980s and was almost immediately infused with TIF funds in the form
of proceeds of the 1985 TIF bonds. TIF bond proceeds were again deposited in the
E.D.A. Fund in 1991 and 1995. Non TIF revenues have been included in the E.D.A.
Fund every year since its creation.
State guidelines call for TIF revenues to be segregated in a fund separate from any fund
containing non TIF revenues. The only way to cure this inter - mingling of revenues is to
spend the existing E.D.A. fund down to zero while segregating all new TIF and non TIF
revenues into separate funds.
The Earle Brown TIF Fund and the TIF District #3 Fund have existed for several years
and are receiving all current TIF revenues which in past years were put in the E.D.A.
Fund. The E.D.A. #1 Fund will account for closing out the activities of the old E.D.A.
Fund. It may take until the end of 2001 or 2002 to spend down the assets. The E.D.A.
#2 Fund will receive new property tax revenues and H.R.A. transfers which are free of
TIF entanglements. This will be the fund to survive as the E.D.A.
Commissioner introduced the following resolution and
® moved its adoption:
EDA RESOLUTION NO.
RESOLUTION RECOMMENDING THE CREATION OF A TIF DISTRICT
#4 FUND, DIVIDING THE E.T. A. FUND INTO AN E.D.A. #1 FUND AND
AN E.D.A. #2 FUND. AND A MENDI NG THE 2000 E. D.A. BUDGET
WHEREAS, Section 7.11 of the City Charter provides the City Council with the
authority to order the creation of such fiends as may be needed to properly account for the
financial activities of the City; and
WHEREAS, Resolution #99 -34 approved the establishment of Tax Increment
Financing District #4 and thereby created the need for a special revenue fund to account
for the district; and
WHEREAS, the E.D.A. Fund was created in the 1980s and included tax
increment financing revenues from that time onward; and
WHEREAS, State of Minnesota guidelines call for TIF revenues to be
segregated in separate funds from funds containing non -TIF revenues.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklvn Center, Minnesota, as follows:
1. It is recommended to the City Council that the classification of funds be
expanded to include a Tax Increment Financing District #4 special revenue fund
to account for the receipt and disbursement of tax increments.
2. It is recommended to the Cite- Council that the existing E.D.A. Fund be
renamed as the E.D.A. #1 Fund and that the classification of funds be expanded
to include the E.D.A. #2 Fund.
3. The appropriations for the E.D.A. in the 2000 Budget shall be divided with the
property tax revenues and transfers from the H.R.A. Fund going to the E.D.A.
#2 Fund. The carry forward of 1999 assets and liabilities and all 2000 revenues
and appropriations not earmarked for the E.D.A. #2 Fund shall belong to the
E.D.A. #1 Fund.
is
EDA RESOLUTION NO.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by
commissioner , and upon vote being taken thereon,
the following voted in favor thereof;
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
EDA Agenda Item No. 4b
s
•
NOTICE OF PUBLIC HEARINGS
ON A POLICY AND
CRITERIA FOR GRANTING BUSINESS
SUBSIDIES AND O'i\ THE GRANT OF A
BUSINESS SUBSIDY FOR THE BROOKDALE MALL PROJECT
NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will
hold public hearing on Monday, January 24, 2000, at a meeting of the City Council beginning at 7
p.m., Central Time, or as soon thereafter as the matter may be heard, in the City Council Chambers,
on the proposed adoption of the City's Business Subsidy Policy under Minnesota Statutes, Sections
116J -993 through 116J.995 (the "Business Subsidy Policy "). [Following the public hearing on the
Business Subsidy Policy, the City will hold a public hearing on a business subsidy to be granted
pursuant to a Development Agreement with Talisman Brookdale, LLC, (the "Brookdale Business
Subsidy Agreement ") in connection with the renoN ation of the Brookdale Mall.]
All persons may appear at the public hearing and present their views orally or in writing. A copy
of the proposed Business Subsidy Policy and the Brookdale Business Subsidy Agreement are on file
and may be obtained at the office of the City Clerk.
• Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION ADOPTING BIT SINESS SUBSIDY POLICY
WHEREAS, the City of Brooklyn Center and the EDA are required by Minnesota
Statutes, Sections 116J -993 through 116J.995, to adopt a business subsidy policy; and
WHEREAS, attached hereto and incorporated herein by reference is Exhibit A is
a proposed Business Subsidy Policy with criteria: and
WHEREAS, the City Council conducted a public hearing on January 24, 2000,
regarding the proposed Business Subsidy Poliev and criteria; and
WHEREAS, it has been found and determined by the City Council of the City of
Brooklyn Center and the EDA that the proposed Business Subsidy Policy and criteria as set forth
in Exhibit A are reasonable and proper,
NOW, THEREFORE, BE IT RESOLVED by the EDA that the Business Subsidy
Policy and criteria as set forth in Exhibit A be and hereby are adopted by the EDA.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. Exhibit A
CITY OF BROOKLYN CENTER
BUSINESS SUBSIDY POLICY
The following business subsidy policy is intended to satisfy the requirements of Minnesota Statutes,
Sections I I6J.993 and I I6J.994 (the "Act"'), in particular, Section 116J.994, subdivision 2, thereof.
Terms used but not defined herein have the meaning given them in the Act. The term "City" shall
mean the City of Brooklyn Center. The term "Protect" means the property with respect to which the
Business Subsidy is provided.
A. MANDATORY CRITERIA
All Projects must comply with the following criteria:
1. But For Test. There is a substantial likelihood that the Project would not go forward without
the Business Subsidy. This criterion may be niet based solely on representations of the recipient of
the Business Subsidy.
2. Wane Policy. If the Project results in an obligation to create new jobs pursuant to a subsidy
agreement, the wage for each part -time and full -time job required to be created pursuant to the
S subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour.
3. Feasibilitv. The recipient must demonstrate to the satisfaction of the City that the Project has
been adequately financed and either has been or w i I I be completed in a timely fashion.
4. Comnliance with Act. The Business Subsidy must satisfy all requirements of the Act.
B. EVALUATIVE CRITERIA
The following criteria recognize that the award of a Business Subsidy may serve a variety of public
purposes of varying importance depending upon the specific Project facilitated by the Business
Subsidy. The degree of importance to be attached to various public purposes which may be served
by a particular Project must therefore involve the exercise of sound judgment after weighing all
relevant criteria. Not all evaluative criteria will be applicable to all projects.
In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or
unimportant in the case of the particular project, ors permitted by the Act.
The evaluative criteria are as follows:
I. Jobs The number of full -time equivalent jobs to be created or retained by the proposed
Project for a period of at least two years from the estimated benefit date.
RESOLUTION NO. Exhibit A
2. Tax Base. The net increase in property tales estimated to be generated by the Project in the
first full year of operation.
3. Services to the Community. Whether the Project will provide services or facilities needed
in the community. For example, the Project maN provide needed health care services, commercial
facilities, or other services or facilities needed in the community.
4. Blighted Property. Whether the Proiec•,1 is located on property which is, or is likely to
become blighted, and is not likely to be developed or redeveloped because of the blight or other
adverse conditions.
5. Design and /or Other Amenitv Concessions, Whether, as a result of the Business Subsidy,
the Project will include design and /or amenity features not otherwise required by law.
6. Comllatlbility. Whether the Project is compatible with the comprehensive plan.
7. Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will
utilize existing public infrastructure capacity or will require additional publicly funded infrastructure.
8. Leveraged Public Funds. The ratio of private funds which will be applied towards the capital
cost of the project compared to the Business Subsidy.
9. Other Factors. Depending on the nature of the Project, such other factors as the City may
deem relevant in evaluating the Project and the Business Subsidy proposed for it.
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING REDEVELOPMENT AGREEMENT WITH
TALISMAN LLC
WHEREAS, pursuant to the Minnesota Business Subsidy Act, the City Council
conducted a public hearing on the 24th day of January, 2000, on a proposed grant of a business
subsidy to Talisman LLC for the redevelopment cat the Brookdale Mall and reviewed the proposed
redevelopment agreement on the basis of the Cits -'ti Business Subsidy Policy and determined that
the proposed business subsidy met the mandatorN criteria of that policy and was evaluated under
the evaluative criteria of that policy; and
WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is
a proposed redevelopment agreement between the Economic Development Authority in and for
the City of Brooklyn Center and Talisman LLC: and
WHEREAS, the terms and conditions set forth in the proposed redevelopment
agreement in Exhibit A appear to be reasonable and proper.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center. Minnesota, that the President and Executive
Director be and hereby are authorized to execute the redevelopment agreement as set forth in
Exhibit A, subject to such corrections or additions to the exhibits or agreement as may be
necessary to finalize the document as are deemed appropriate and suitable by the City Manager
and the law firm of Briggs and Morgan acting as bond counsel to the Economic Development
Authority, provided such terms and conditions do not impact or affect the general terms and
conditions but are merely corrections or additions to more clearly state the obligations and
descriptions as set forth in the exhibits to the redevelopment agreement or minor, technical, or
clerical changes to the redevelopment agreement itself.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.