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HomeMy WebLinkAbout9.e. Special TIF LegislationCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: APRIL 16, 1991 AGENDA ITEM: TIF LEGISLATION AGENDA SECTION: ADMINISTRATOR'S REPORT PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR AGENDA "'ITEM M �. ATTACHMENTS: LEGISLATIVE BILL A VE BY: 04/05/91 Introduced by Pariseau, Merriam, Bernhagen [REVISOR J HMW/AT 91-2773 S.F. No. 1408 April 10, 1991 Companion H.F. No. Referred to Committee on ENVIRONMENT & NATURAL RESOURCES Reproduced by PHILLIPS LEGISLATIVE SERVICE 1 A bill for an act 2 relating to the city of Rosemount; authorizing the 3 establishment of a special environmental treatment 4 area, the establishment of tax increment financing 5 districts, and the exercise of certain development and 6 contaminant remediation powers. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 8 Section 1. [DEFINITIONS.] 9 Subdivision 1. As used in this act, the following terms 10 have the followinq meanings 11 Subd. 2. "Area" means the special environmental treatment 12 area described in section 2. 13 Subd. 3. "City" means the city of Rosemount or the 14 Rosemount economic development authority, or both. 15 Subd. 4. "TIF act" means Minnesota Statutes, sections 16 469.174 to 469.179. 17 Subd. 5. "District" means any tax increment financing 18 district described in this act. 19 Subd. 6. "Additional tax increment" means the tax 20 increment received by the city which is derived frnm ane, 04/05/91 [REVISOR ; HMW/AT 91-2773 1 (4) pollution tests; 2 (5) demolition; 3 (6) soil removal, correction, disposal, or compaction; 4 (reparation and implementation of environmental 5 response lans; 6 (8) administrative, leqal (including litigation), and 7 professional fees; and 8 (9) other activities reasonably related to the prevention 9 or amelioration of contamination. 10 Sec. 2. [DESCRIPTION AND STATUS OF SPECIAL ENVIRONMENTAL 11 TREATMENT AREA.] 12 A special environmental treatment area is established 13 consisting of those portions of the city described as follows 14 Beginning at the intersection of the westerly right of way 15 line of County State Aid Hiqhway (CSAH) No 71 and the northerly 16 corporate boundary of the city, thence southerlyalong the 17 westerly right-of-way line of CSAH No 71 to the northerly - 18 right-of-way line of CSAR No 42, thence westerly alon the 19 northerly right-of-way line of CSAH No 42 to the westerly 20 right-of-way line of Akron Avenue, thence southerly along the 21 westerly right-of-way line of Akron Avenue on a lineproject-ed 22 to the southerly corporate boundary of the City, thence easterly 23 along the southerly corporate boundary to the westerly corporate 24 boundary of the city of Coates, county of Dakota, Minnesota, 25 thence northerly along the westerly corporate boundary of the 26 city of Coates to the intersection of the westerly boundary of 27 the city of Coates and the northerly boundary of the city of 28 Coates, thence easterly along the northerly boundary of the city 29 of Coates to the easterly right-of-way line of United States 30 Trunk Highway (USTH) No. 52, thence Snrtt-har1-t, =1, -- sir 04/05/91 [REVISOR ] HMW/AT 91-2773 1 for which the expenditure of public funds and the exercise of 2 the powers provided by this act are authorized and in the public 3 interest. 4 Sec. 4. [STATUS OF AREA; POWERS OF CITY.I 5 The area shall constitute: 6 (1) a "protect" of the city within the meaning of Minnesota 7 Statutes, section 469.174, subdivision 8, of the TIF Act; 8 (2) an "industrial development district" as described in 9 Minnesota Statutes, section 469.058, subdivision 1; 10 (3) a "pro-ject" as described in Minnesota Statutes, section 11 469.002, subdivision 12; and 12 (4) a "development district" as described in Minnesota 13 Statutes, section 469.125, subdivision 9. 14 The city shall adopt and may amend from time to time a plan -for 15 the development of the area or portions of it. With respect to 16 the area, the city may exercise all powers granted by this act 17 and all powers of or relating to a port authority, a housing and 18 redevelopment authority, and an economic development authority 19 pursuant to Minnesota Statutes, chapter 469, or other law. The 20 city may Establish within the area and modify from time to time 21 one or more tax increment financing districts pursuant to and 22 subject to the provisions of the TIF Act, except as supplemented 23 or otherwise provided by this act G4 Sec. 5. [LIMITATIONS.] 25 Every tax increment financing district established by the 26 city pursuant to this act shall be subject to the following 27 Drovisions: 28 ,a) Request for certification shall be filed with the 29 county auditor before July 1, 1995, but the city may by written ?n n�4-; 4-- LL_ 04/05/91 [REVISOR J HMW/AT 91-2773 1 during which the increased tax increment arising from this 2 paraqraph. is not longer than, that which is necessary to provide 3 remediation of the site. 4 The increased tax increment derived from this paraqraph shall be 5 used only for the costs of remediation of the site and upon 6 payment or provision for payment of remediation costs, the city 7 shall notify the county auditor, and the reduction in original 8 net tax capacity of the subject pro erties shall thereafter not 9 be more than 35 percent of original net tax capacity, subject to 10 the provisions of paragra h (d) The city shall com ly with 11 Minnesota Statutes, section 469.174, subdivision 17, requiring 12 the preparation of a development action response plan and the 13 approval by the pollution control agency, in connection with the 14 exercise of the powers described in this paragraph, 15 (f) The city shall decertify the district upon receipt of 16 sufficient tax increment therefrom to pay, or to provide for the 17 payment of, all of the costs of development respecting the area, 18 and the city shall treat all tax increment which may exceed 19 requirements as excess tax increment which the citv shall return 20 to the county auditor for redistribution 21 (g) In establishing or modifying a district, the city shall 22 satisfy the requirements of Minnesota Statutes, section 469 175, 23 but subdivisions 1, paragraph (7), la, and 7 shall not apply and 24 the findings otherwise required by subdivision 3 shall not be 25 required, except that the city shall make the finding, supported 26 by the city with written reasons or supporting facts, that the 27 action is reasonably required in the judgment of the city in 28 furtherance of the development of the area 29 (h) The following provisions of the TIF act shall not apply 04/05/91 (REVISOR ) HMW/AT 91-2773 1 and the city may, without limitation, in connection with the 2 exercise of any power resDectinq development or the 3 establishment of a tax increment financing district, elect not 4 to use the authority granted by this act and instead proceed 5 under and subject to all of the terms of the other applicable 6 law, including Minnesota Statutes, sections 469.174 to 469.179 7 with respect to a tax increment financing district. 8 Sec. 9. [LOCAL APPROVAL.] 9 This ,act is effective for the city the day after compliance 10 the city council of the city of Rosemount with Minnesota 11 Statutes, section, 645.021, subdivision 3.