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Agenda Packets - 2003/04/28
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Agenda Packets - 2003/04/28
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1/28/2025 4:47:40 PM
Creation date
8/8/2018 10:32:08 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
4/28/2003
Supplemental fields
City Council Document Type
City Council Packets
Date
4/28/2003
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<br /> <br /> <br />SETTLEMENT AGREEMENT <br /> <br /> This Settlement Agreement is effective _____________, 2003, and is entered into by and <br />among the Minnesota Attorney General and the City of Mounds View. <br /> <br /> WHEREAS, on July 18, 2001, the Office of the State Auditor (hereinafter “OSA”) sent <br />an initial notice of noncompliance pursuant to Minn. Stat. § 469.1771, subd. 1(c) to the Mounds <br />View City Council, making two findings of noncompliance with respect to the City of Mounds <br />View Tax Increment Financing (hereinafter “TIF”) District No. 1, one finding of noncompliance <br />with respect to TIF District No. 2 and one finding of noncompliance with respect to notices to the <br />school board and county board of fiscal and economic impact estimates for TIF Districts Nos. 1, <br />2 and 3 and making an additional comment noting concerns regarding reporting of certain <br />engineering costs in connection with TIF District Nos. 1 and 3; <br /> <br /> WHEREAS, on September 17, 2001, the City of Mounds View submitted a response to <br />the OSA disputing the OSA’s findings and comments; <br /> <br /> WHEREAS, on November 27, 2001, the OSA sent its final notice of noncompliance to <br />the City of Mounds View reiterating its findings; <br /> <br /> WHEREAS, on November 27, 2001, the OSA referred that finding to the Ramsey <br />County Attorney, pursuant to Minn. Stat. § 469.1771, subd. 1(b); <br /> <br /> WHEREAS, the Ramsey County Attorney’s Office did not commence an action <br />regarding this matter within one year of the date of referral; <br /> <br /> WHEREAS, on December 3, 2002, the OSA referred this matter to the Office of the <br />Attorney General (hereinafter “OAG”), pursuant to Minn. Stat. § 469.1771, subd. 1(d); <br /> <br /> WHEREAS, pursuant to Minn. Stat. § 469.1771, subd. 2b(a), the OAG is required to <br />review the materials submitted by the OSA and may initiate a petition in tax court to take action <br />against the authority of the municipality to exercise tax increment financing powers; <br /> <br /> WHEREAS, pursuant to Minn. Stat. §469.1771, subd. 2b(b), before filing a petition to <br />suspend TIF authority, the Attorney General is required to attempt to resolve the matter using <br />appropriate alternative dispute resolution procedures; and <br /> <br /> WHEREAS, the OAG has conferred with representatives of the City of Mounds View <br />and the OSA in order to resolve the matter without legal action. <br /> <br /> NOW THEREFORE, based upon a review of the matter and discussions among the <br />parties, it is agreed as follows: <br /> <br /> 1. The City of Mounds View agrees it will follow the requirements set forth in <br />Minnesota statutes relating to Tax Increment Financing and will include in all future TIF plans a <br />statement as to the development program and including with reasonable specificity a description <br />of the property within the District, if any, which the City intends to acquire. <br /> <br /> <br />EXHIBIT 1.
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