HomeMy WebLinkAbout06-23-2003 EDA MinutesCITY OF LINO LAKES 1
ECONOMIC DEVELOPMENT AUTHORITY 2
MINUTES 3
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DATE : June 23, 2003 6
MEMBERS PRESENT : J. Bergeson, D. Carlson, C. Dahl, J. O'Donnell, J. Reinert 7
MEMBERS ABSENT : None 8
OTHERS PRESENT : Mary Divine, Linda Waite Smith 9
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CONSIDERATION OF MINUTES OF APRIL 8, 2002 11
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EDA Member Dahl moved to approve the April 8, 2002 minutes, as presented. EDA Member 13
O'Donnell seconded the motion. Motion passed unanimously. 14
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CONSIDERATION OF ANNUAL APPOINTMENTS 16
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A. EDA Officers: President, Vice President, Treasurer, Assistant Treasurer, Executive 18
Director, and Secretary 19
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Ms. Divine advised according to Lino Lakes EDA by-laws, the EDA selects a President, Vice 21
President, Secretary, Treasurer and Assistant Treasurer each year. The offices of President, Vice 22
President and Treasurer must be held by EDA members. In 2002 the officers were as follows: 23
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President: Donna Carlson 25
Vice President: Jeff O’Donnell 26
Treasurer: Caroline Dahl 27
Secretary: Economic Development Assistant 28
Assistant Treasurer: Finance Director 29
Executive Director: City Administrator 30
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EDA Member Dahl moved to maintain all positions as currently elected and assigned. EDA Member 32
Bergeson seconded the motion. Motion passed unanimously. 33
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B. Official Newspaper 35
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Ms. Divine advised the EDA is required to publish public notices regarding its meetings. In the past, 37
the EDA has designated the official newspaper to be the same as the City’s official newspaper. She 38
advised staff is recommending appointment of the Quad Community Press as the EDA official 39
newspaper. 40
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EDA Member Reinert moved to appoint the Quad Community Press as the EDA official newspaper. 42
EDA Member Dahl seconded the motion. Motion passed unanimously. 43
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EDA MINUTES JUNE 23, 2003
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C. Official Depositories 45
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Ms. Divine advised the list of legal depositories approved for 2002 by the City Council were as 47
follows: 48
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Wells Fargo Prudential Bache 50
First Bank, NA Community National Bank 51
US Bank Merrill Lynch 52
Dain Rauscher Solomon, Smith, Barney 53
Lino Lakes State Bank LMC 4M Fund 54
Others as needed 55
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Ms. Divine indicated these depositories are used for checking, savings and investing City dollars. On 57
occasion the EDA and the City have financial transactions that will require the EDA to have 58
designated legal depositories. She advised that staff recommends approval of the list of legal 59
depositories. 60
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EDA Member O'Donnell moved to approve the list of legal depositories, as approved for 2003 by the 62
City Council. EDA Member Dahl seconded the motion. Motion passed unanimously. 63
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CONSIDERATION OF RESOLUTION NO. 03-01, ADOPTING REVISED BUSINESS 65
SUBSIDY CRITERIA 66
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Ms. Divine advised that the Business Subsidy Act became effective on August 1, 1999, and required 68
grantors to adopt business subsidy criteria prior to granting business subsidies. She explained that 69
recognizing not all subsidies were for the purpose of creating jobs, the Minnesota Legislature 70
amended the Act in 2000, but delayed the effective date of those changes until 2003. She reviewed 71
the changes being proposed. 72
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EDA President Carlson asked about the ability for businesses to move before five years has passed. 74
Ms. Divine indicated it was a requirement that all businesses stay in the jurisdiction for five years, 75
however the law has been revised to say that the grantor, being the City, can allow them to leave 76
early. 77
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EDA President Carlson stated if businesses are required to stay five years it gives the City the ability 79
to regain some taxes in reimbursement for the subsidy, and she questioned why they would want to 80
allow businesses to leave before the five years was up. Ms. Divine indicated you usually would not 81
want to, and the City can require in their agreement that the business stay for five years, but this gives 82
the City an out if for some reason they feel it best to allow the business to leave. 83
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EDA President Carlson asked if this could be covered in the previous item concerning the ability to 85
deviate from the criteria. Ms. Divine stated she would be more comfortable leaving the specific 86
language received from the Legislature. 87
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EDA MINUTES JUNE 23, 2003
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EDA President Carlson noted that the language concerning the five-year requirement has been added 89
to Section 2.03 and has been struck from Section 5 as previously written. She asked if that change 90
was for a specific reason, and if they could instead have the language in both sections. Ms. Divine 91
indicated Section 2.03 refers to specific Development Agreements. She noted any subsidy granted by 92
the EDA must also be approved by the City Council. She believes the language change was just the 93
TIFAttorney’s way of making if specific. She added that in the past, the Development Agreement 94
was only approved by the EDA, and the actual subsidy was approved by both entities. She stated if 95
members prefer, the language can include that both entities approve the five-year requirement. 96
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EDA Member Dahl stated she would be more comfortable if the language was in both sections. EDA 98
Member Bergeson asked where the strikeouts in the proposed criteria came to be. Ms. Divine stated 99
they were edited by the city’s TIF Attorney. EDA Member Bergeson suggested they put the language 100
in both sections subject to consulting with the TIF Attorney. 101
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EDA Member Bergeson asked about zero job creation. Ms. Divine indicated that this would be 103
reviewed on a case-by-case basis. She advised each time the City gives a subsidy they have to decide 104
why they are doing it, whether to improve the tax base, utilize existing infrastructure, implement the 105
Comprehensive Plan, or wage and job goals. She stated some cities were having trouble justifying the 106
job goals, when the real reason for the subsidy may have been for other reasons, such as improving 107
the tax base. This gives cities the ability to have wage and job goals, but does not require that they 108
have them if the main goal is some other reason. 109
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EDA Member Reinert moved to open the public hearing at 6:23 p.m. EDA Member Dahl seconded 111
the motion. Motion carried unanimously. 112
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EDA Member Dahl moved to close the public hearing at 6:23 p.m. EDA Member O'Donnell 114
seconded the motion. Motion carried unanimously. 115
116
EDA Member Bergeson moved to adopt Resolution No. 03-01 approving the revised Business 117
Subsidy Criteria as outlined by staff, restoring the previously struck-out portion of Section 5.01. 118
EDA Member O'Donnell seconded the motion. 119
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EDA Member Dahl asked if it was correct that the number of new jobs could start at zero, but could 121
be a requirement as in the past. Ms. Divine indicated that was correct, the City can choose. EDA 122
Member Reinert stated this does not take away any of the City’s authority, it only gives them more 123
options. 124
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EDA President Carlson noted she has been in favor of wage and job goals since before she was on the 126
City Council, and she also has a concern about businesses not staying in the City for five years after 127
receiving a subsidy. 128
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EDA Member Dahl asked for more explanation about the ability of a business to move before the five 130
years was over. Ms. Divine stated if the EDA holds a public hearing and decides they want to release 131
a business from that requirement, they have the authority to do so. She indicated it gives the EDA the 132
option of releasing the business from its agreement if it seems a reasonable thing to do. 133
EDA MINUTES JUNE 23, 2003
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134
EDA Member Dahl asked if the language could say the business can move but they are still 135
responsible for the subsidy. EDA Member Dahl stated it seems like they are letting the business go if 136
they say they cannot pay and they want to leave. Ms. Divine indicated that the city does not continue 137
to pay a subsidy after the business has left. Ms. Divine indicated the City could find the business in 138
default of its agreement if the business left the city. 139
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EDA Member Reinert commented that this change is an option for the EDA, not a loophole for 141
businesses. He noted the EDA would have to release the business from their obligation, and at that 142
time the EDA could put a stipulation on the release. Ms. Divine suggested that in the Development 143
Agreement they could put such a stipulation. She noted this is general criteria of what is allowed by 144
statute. 145
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EDA Member Bergeson stated he would speak in favor of leaving the language as drafted, since it 147
mirrors what is in the law, and there may be cases where the City would want to allow movement. 148
For instance, if there is a small business on a large parcel that would be better suited for the 149
community with a different use; the City may want the option to allow the business to move. 150
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EDA Member O'Donnell concurred, noting this allows the City flexibility. 152
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Motion carried. EDA President Carlson opposed. 154
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CONSIDERATION OF RESOLUTION 03-02, EXTENDING THE COMPLIANCE DATE 156
FOR THE WAGE AND JOB GOALS FOR MARMON/KEYSTONE 157
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Ms. Divine summarized her report, indicating the EDA may, after a public hearing, extend the 159
compliance date by up to one year, as requested. If Marmon/Keystone is not given an extension, the 160
tax increment financing would be withheld according to a formula that is based on a pro rata share of 161
the number of jobs created versus the number required. 162
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EDA Member Dahl asked how many extensions are allowed if the goal is not met by June 1, 2004. 164
Ms. Divine stated this is the only extension that could be granted. She indicated if the goal is not met 165
by then, the Development Agreement states options the EDA could take at that time. 166
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EDA Member Dahl asked if Marmon/Keystone is aware they would be saving themselves $175,000 if 168
they met the goal. Ms. Divine indicated she has had that discussion with them. 169
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EDA Member Reinert moved to open the public hearing at 6:37 p.m. EDA Member O'Donnell 171
seconded the motion. Motion carried unanimously. 172
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EDA Member Dahl moved to close the public hearing at 6:37 p.m. EDA Member O'Donnell 174
seconded the motion. Motion carried unanimously. 175
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EDA MINUTES JUNE 23, 2003
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EDA Member O'Donnell moved to adopt Resolution No. 03-02 extending the Compliance Date for 177
Wage and Job Goals for Marmon/Keystone for one year. EDA Member Bergeson seconded the 178
motion. Motion carried unanimously. 179
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CONSIDERATION OF RESOLUTION NO. 03-03, AUTHORIZING THE PREPARATION 181
OF A PLAN TO MODIFY DEVELOPMENT DISTRICT NO. 1 AND TO ESTABLISH TAX 182
INCREMENT FINANCING DISTRICT NO. 1-10 (LAKES BUSINESS PARK) 183
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Ms. Divine summarized the staff report, explaining in August they will have more details of the plan 185
and will have a public hearing and consideration by the City Council, and the action tonight just 186
allows those steps to start. 187
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EDA Member Reinert stated he wants it on record that there is residential area surrounding this 189
development, and when allowing new districts to go forward, they need to keep in mind ways of 190
buffering the residential areas from these new development areas. 191
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EDA President Carlson asked if they authorized the preparation of the plan and establish the TIF 193
district, will it come back to the EDA. Ms. Divine stated it would, after Planning and Zoning reviews 194
it, it will come back in August for a public hearing and action. 195
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EDA President Carlson stated she asked this question because there is not currently enough 197
information to establish a need for funding. Ms. Divine stated anything having to do with a request 198
for TIF will not come for approval until more is known. She added that this was approval of the 199
creation of a district, not an approval of a subsidy. She noted there will be improvements to Lake 200
Drive that will be for the general good of the city, and may not be covered by the developer, and that 201
generation of increment can help pay for improvements to Lake Drive and the bridge. 202
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EDA President Carlson stated she had a question from a commercial owner asking if the County 204
would be tearing up the entire Lake Drive/35W bridge when they reconstruct, as it would be a 205
detriment to business. Ms. Divine indicated for now that reconstruction has been removed from the 206
County plans, but when they are ready to do it there is the possibility they may not have to completely 207
close the bridge. 208
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EDA Member Reinert moved to adopt Resolution No. 03-03 authorizing preparation of a plan to 210
modify Development District No. 1 and to establish TIF District No. 1-10. EDA Member Bergeson 211
seconded the motion. Motion carried unanimously. 212
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CONSIDERATION OF POWER LINE EASEMENT TO NORTHERN STATES POWER 214
COMPANY 215
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Ms. Divine summarized her report, noting that Northern States Power Company has agreed to define 217
the limits of their easement over the property. 218
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EDA Member Bergeson moved to approve the Electric Distribution Easement from Northern States 220
Power Company. EDA Member Dahl seconded the motion. Motion passed unanimously. 221
EDA MINUTES JUNE 23, 2003
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ADJOURNMENT 223
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There being no further business, EDA Member Dahl moved to adjourn. EDA Member O'Donnell 225
seconded the motion. Motion passed unanimously. 226
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Meeting adjourned at 6:48 p.m. 228
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Transcribed by: 231
Karen Whaley 232
TimeSaver Off Site Secretarial, Inc. 233
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