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CITY COUNCIL WORK SESSION SEPTEMBER 23, 1998 <br /> been 1/3 the cost of the penalties. The Legislature will not allow the City to pay the local <br /> donation now. Mark stated the City has the following options: <br /> 1. Change the Legislature. <br /> 2. Remove some parcels from the TIF districts. <br /> 3. Lessen increase in penalty over the next five (5)years by extending the <br /> term of the districts. <br /> 4. Renegotiate agreements with developers. <br /> Mark stated the City's TIF Districts are not aggressive. Kim suggested that all options be <br /> pursued. Mark stated there is the risk of a higher interest rate regarding extending the <br /> term of the districts. Kim stated she would like to know if staff was aware of the penalty <br /> before this time. Brian stated the TIF Program began in 1995-1996. He assumed the <br /> penalty was not made because staff was instructed to follow another policy. Jerry stated <br /> the best bet is to convince the Legislature that the penalties are very unfair to <br /> communities. <br /> Kim asked why this is an issue two (2)years after the district was established. Jerry <br /> explained there is a lag time regarding the value of projects and the tax roll. John asked if <br /> this is the first time the City has faced a penalty. Mark stated there was a small penalty in <br /> 1998. Jerry stated that when the tax increment plans were put together HACA should <br /> have been discussed. Kim stated that staff should have been aware of the City paying the <br /> penalty and then reviewed the rest of the plans to ensure it did not happen again. Brian <br /> stated he is aware of discussions between the previous City Administrator and Finance <br /> Director. He said he was unsure of the reasoning to go this route. Mark stated the <br /> Department of Revenue made a ruling that the penalty will continue after the five (5) year <br /> period and go against the City's account. Jerry stated the City must absorb $155,000 with <br /> available funds. <br /> Kim suggested the City do all it can to mitigate the penalties. She asked for Council <br /> approval for staff to proceed with all the recommendations and discuss them at the next <br /> work session. John noted there is a risk involved with the option of extending the term of <br /> the district. He asked Mark to give Dave a recommendation regarding that option. <br /> It was the consensus of Council to direct staff to proceed with all options and direct Mark <br /> to give special consideration for the option of extending the term of the district. Kim <br /> asked this issue be on the agenda for the next work session. <br /> Dave stated that if the City wants to increase the tax capacity rate the Council must act on <br /> it Monday night. Chris noted that if the City makes a mistake it should not be passed on <br /> to the tax payer. Jerry stated that the City may be able to recover some costs from TIF <br /> 2 <br />