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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 />• <br />• <br />• <br />