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OAG Settlement Agreement Report April 28, 2003 Page 2 The Final Notice of Noncompliance indicated that the matter would be forwarded to the Ramsey County Attorney’s office for possible action against the City. The County Attorney took no any action on the matter and as a result, the OSA referred the matter to the Minnesota Office of the Attorney General (OAG) on December 3, 2002. At some point this year, discussions commenced between the OAG and Mr. O’Meara in an effort to resolve the matter. As a result of those discussions, a settlement agreement was drafted that resolves the OSA’s notice of noncompliance. The Agreement includes the following language: 1. The City of Mounds View agrees it will follow the requirements set forth in Minnesota statutes relating to Tax Increment Financing and will include in all future TIF plans a statement as to the development program and including with reasonable specificity a description of the property within the District, if any, which the City intends to acquire. 2. The City further agrees that where the original TIF plan contains a listing of specific properties for acquisition, and the City determines additional property or properties are to be acquired then the City of Mounds View will follow the procedures set forth in Minn. Stat. §469.175, subd. 4 for formal plan modification with public hearings for a “designation of additional property to be acquired by the City.” 3. Nothing in paragraphs 1 or 2 above is intended or shall be interpreted to impose on the City any obligations which exceed those requirements of the tax increment law which are at the time applicable. 4. The City of Mounds View will not approve, or request certification of, a new tax increment financing district or the addition of an area to an existing tax increment finance for a period of three months from the date of this Settlement Agreement. 5. Nothing in this Settlement Agreement shall be construed as an admission or acknowledgement on the part of the City of Mounds View that it has not substantially complied with the applicable requirements of the tax increment financing or any other law. Mr. O’Meara indicates that the Agreement is a positive and satisfactory resolution to the OSA’s Notice of Noncompliance and he advises the City to execute the agreement to close this file. Recommendation: Approve Resolution 6007, a Resolution authorizing execution of the attached Settlement Agreement regarding the OSA’s Notice of Noncompliance. _____________________________________ James Ericson Interim City Clerk/Administrator Attachment: Resolution 6005