10/27/1983 - City Council SpecialSPECIAL CITY COUNCIL MEETING
THURSDAY
OCTOBER 27, 1983
7:00 P.M.
AGENDA
I. Call Meeting to Order
II. Formation &,:Desigriation of HRA
III. Adoption of HRA Bylaws
IV. Appointment of HRA Executive Director
V. Tax Increment Financing Workshop
VI. Other
VII. Adjournment
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 26, 1983
SUBJECT: SPECIAL CITY COUNCIL MEETING, OCTOBER 27, 1983
Formation and Designation of HRA
In order to consider tax increment financing applications, the City
must declare and organize a housing and redevelopment authority.
Action was taken at the October 6, 1983 City Council meeting to
set a public hearing to consider the establishment of a housing
and redevelopment authority (HRA). Attached is a copy of a resolu-
tion declaring the organization of a housing and redevelopment
authority in and for the City of Eagan. The resolution is
referenced as Resolution #1.
Adoption of HRA Bylaws
Assuming a housing and redevelopment authority is formed, it will
be necessary to adopt bylaws, which is standard procedure for the
establishment of an HRA. Attached is a copy of a resolution that
sets forth action to adopt the bylaws and also a copy of the pro-
posed bylaws. This resolution is referenced as Resolution #2.
Appointment of HRA Executive Director
It will be a requirement of the HRA to appoint an executive director
of the HRA. A resolution was prepared appointing the City Adminis-
trator as the executive director. This action is referenced as
Resolution #4 and attached for your information.
Special Note: Resolution #3 was calling for the designation of
an HRA seal, which according to the City Attorney and bond counsel
is not necessary and therefore is not .presented for consideration.
Tax Increment Financing Workshop
The finance committee has held three (3) meetings with City consul-
tants to gather as many facts and learn as much as possible about
tax increment financing. The finance committee is prepared, with
the assistance of the City Administrator and consultants, to present
a report to the City Council for review in what is entitled as the
agenda item, "Tax Increment Financing Workshop". This portion of
the special City Council meeting is not scheduled as a public
hearing but intended to be a workshop at which the City Council
will be provided an exchange of information from the consultants,
finance committee and City Administrator regarding tax increment
financing. There are no decisions required for tax increment finan-
cing. The public hearing would be scheduled for November 15, 1983.
October 27 Meeting Memo
Page Two
This workshop should be regarded as an opportunity for the City
Council to learn more about tax increment financing and become bet-
ter prepared for a decision that will be forthcoming at the November
15 meeting. The workshop will be informal and information will
be provided through a brief presentation and questions that may
be directed by the City Council to the consultants. Dave Kennedy
who is retained by the LeFevre, Lefler, Kennedy, O'Brien & Drawz
firm has prepared a letter that outlines most of the committee's
deliberations. A copy of that letter is enclosed for your review.
Also enclosed is a report of the last finance committee meeting
held on October 25. The City's special fiscal consultant, Evenson
Dodge, will be present Thursday night, and they, too, have prepared
several numbers that were reviewed by the finance committee. En-
closed is a copy of .the table and assumptions as outlined in an
attached letter that seemed to best work for this tax increment
financing application. This information will all be reviewed at
the workshop session on Thursday.
s/Thomas L. Hedges
City Administrator
TLH/hnd
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on , the day of
1983, at o'clock, _.M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION N1
A RESOLUTION DECLARING THE ORGANIZATION OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF EAGAN, MINNESOTA
WHEREAS, the Fagan City Council has held a public
hearing October 27, 1.983, to allow all persons present the
opportunity to comment on the establishment of a Housing and
Redeveloping Authority; and
WHEREAS, the Eagan City Council has adopted Resolution
No. which establishes the Housing and Redevelopment
AuthorTin and for the City of Eagan; and
WHEREAS, the Housing and Redevelopment Authority has
received copies of all the appropriate documents allowing the
establishment of a Housing and Redevelopment Authority.
-- Y
NOW, THEREFORE, BE,IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota, that the Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota, be and is hereby organized
pursuant to the Municipal Housing and Redevelopment Law of
Minnesota, and is now authorized to transact business and exer-
cise its powers in its area of operation as defined in said law.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner
and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against.the same;
whereupon said resolution was declared duly passed and adopted.
-2-
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on , the day of ,
1983, at o'clock, _.M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION #2
A RESOLUTION ADOPTING THE BY-LAWS OF
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EACAN, MINNESOTA
WHEREAS, the City Staff has prepared By -Laws for the
operation of the Housing and Redevelopment Authority in and for
the City of Eagan, Minnesota; and
WHEREAS, the Commissioners have reviewed the By -Laws.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota that the attached By -Laws be and are hereby
adopted and approved as and for the By -Laws of the Housing and
Redevelopment Authority in and for the City of Eagan, Minnesota.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against the same;
whereupon said resolution was declared duly passed and adopted.
BYLAWS OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF EAGAN, MINNESOTA
AR.TICI,E I - THE AUTHORITY
Section 1. Name of Authority. The name of the
Authority shall be the "Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota".
Section 2. Seal of Authority. The seal of the
Authority shall be in the form ofcircle and shall bear the
name of the Authority and the year of its organization.
Section 3. Office of Authority. The offices of the
Authority shall be at the City Hall in the City of Eagan, State
of Minnesota, but the Authority may hold its meetings at such
other place or places as it may designate by Resolution.
ARTICLE, II -OFFICERS
Section 1. Officers. The officers of the Authority
shall be a Ch— ai— r a , Vice -Chairman, and a Secretary.
Section 2. Chairman. The Chairman shall preside at
all meetings of the Authority. Except as otherwise authorized by
Resolution of the Authority, the Chairman shall sign all con-
tracts, deeds, and other instruments made by the Authority. At
each meeting the Chairman shall submit such recommendations and
information as he may consider proper concerning the business,
affairs, and policies of the Authority.
Section 3. Vice -Chairman. The Vice -Chairman shall
perform the duties of the Chairman in the absence or incapacity
of the Chairman; and in case of the resignation or death of the
Chairman, the Vice -Chairman shall perform such duties as are
imposed on the Chairman until such time as the Authority shall
select 'a new Chairman.
Section 4. Secretary. The Secretary shall perform
the duties of a Secretary for the Authority.
Section 5. Executive Director. The Authority shall
employ an Execs Director who shall have general supervision
over the administration of its business and affairs, subject to
the direction of the Authority. He shall be charged with the
management of the housing projects of Authority.
As assistant to the Secretary, the Executive Director
in his own name and title shall keep the records of the Authority,
shall act as Secretary of the meetings of the Authority and
record all votes, and shall keep a record of the proceedings of
the Authority in a journal of proceedings to be kept for such
purpose, and shall perform all duties incident to his office. He
shall keep in safe custody the seal of the Authority and shall
have power to affix such seal to all contracts and instruments
authorized to be executed by the Authority.
He shall have the care and custody of all funds of the
Authority and shall deposit the same in the name of the Authority
in such bank or banks as the Authority may select. The Secretary -
Treasurer shall sign all orders and checks for the payment of
money and shall pay out and disburse such moneys under the
direction of the Authority. Except as otherwise authorized by
resolution of the Authority, all such orders and checks shall be
counter -signed by the Chairman. He shall keep regular books of
accounts showing receipts and expenditures and shall render to
the Authority, at each regular meeting (or oftener when requested),
an account of his transactions and also of the financial condi-
tion of the Authority. He shall give such bond for the faithful
performance of his duties as the Authority may determine.
The compensation of the Executive Director shall be
determined by the Authority.
Section 6. Additional Duties. The officers of the
Authority shall perform such other duties and functions as may
from time to time be required by the Authority or the Bylaws or
rules and regulations of the Authority.
Section 7. Flection or Appointment. The First Chair-
man shall, pursuant to his appointment, serve in the capacity of
Chairman until the expiration of his term of office as Commis-
sioner. The Vice -Chairman, Secretary, and except in the case of
the First Chairman, the Chairman shall be elected at the annual
meeting of the Authority from among the Commissioners of the
Authority, and shall hold office for one year or until their
successors are elected and qualified.
The Executive Director shall be appointed by the
Authority. Any person appointed to fill the office of Executive
Director, or any vacancy therein, shall have such term as the
Authority fixes, but no Commissioner of the Authority shall be
eligible to this office.
-2-
Section 8. Vacancies. Should the office of Chairman,
Vice -Chairman, or Secretary dome vacant, the Authority shall
elect a successor from its membership at the next regular meet-
ing, and such election shall be for the unexpired term of said
office. When the office of ,Executive Director becomes vacant,
the Authority shall appoint a successor, as aforesaid.
Section 9. Additional Personnel. The Authority may,
from time tome, employ such personnel as it deems necessary to
exercise its powers, duties, and functions as prescribed by the
Municipal Housing and Redevelopment Law of Minnesota applicable
thereto. The selection and compensation of such personnel
(including the Executive Director) shall be determined by the
Authority subject to the laws of the State of Minnesota.
ARTICLE III - MEETINGS
Section 1. Annual Meetinq. The annual meeting of the
Authority shall be held on the first Monday of January at 7:30
o'clock P.M. at the regular meeting place of the Authority. In
the event such date shall fall on a legal holiday, the annual
meeting shall be held on the next succeeding secular day.
Section 2. Regular Meeting. There shall be two
regular meetseti—`ngs of the Authority held without notice at the
regular meeting place of the Authority on the first Monday of
January and the first Monday of June at 7:30 o'clock P.M. unless
the same shall be a legal holiday, in which event said meeting
shall be held on the next succeeding secular day. All other
meetings required shall be Special Meetings as established in
accordance with Section 3.
Section 3. Special Meetings. Special meetings of the
Authority may be called by the Chairman, or two members of the
Authority, for the purpose of transacting any business designated
in the call. The call for a special meeting may be delivered at
any time prior to the time of the proposed meeting to.each member
of the Authoritv or may be mailed to the business or home address
of each member of the Authority at least twenty-four (24) hours
prior to the date of such special meeting. At such special
meeting, no business shall be considered other than as designated
in the call, but if all of the members of the Authority are
present at a special meeting, any and all business may be trans-
acted at such special meeting.
Section 4. Quorum. The powers of the Authority shall
be vested in the Commissioners thereof in office from time to
time. Three Commissioners shall constitute a quorum for;the
purpose of conducting its business and exercising its powers for
all other purposes, but a smaller number may adjourn from time to
time until a quorum is obtained. When a quorum is in attendance,
action may be taken by the Authority upon a vote of a majority of
the Commissioners present.
-3-
Section 5. Order of Business. At the regular meeting
of the AuthorT the following shall be the order of business:
1. Roll Call
2. Reading and approval of the minutes of the
previous meeting
3. Bills and communications
4. Report of the Executive Director
5. Unfinished business
6. New business
7. Adjournment.
All resolutions shall be in writing and shall be copied
in the iournal of the proceedings of the Authority.
Section 6. Manner 2f'2 The voting on all
questions coming�ieho
fore -the Autrity ll be by roll call and
the yeas and nays shall be entered upon the minutes of such
meeting.
ARTICLE IV - AMENDMENTS
Amendments to Bylaws. The Bylaws of the Authority
shall be amended only with the approval of at least three of the
members of the Authority at a regular or special meeting.
-4-
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on
, the day of _ ,
1983, at o'clock, .M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION #9
A RESOLUTION APPOINTING THOMAS HEDGES,
CITY ADMINISTRATOR, AS EXECUTIVE DIRECTOR OF
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EAGAN, MINNESOTA
WHEREAS, the By -Laws of the Housing and Redevelopment
Authority in and for the City of Eagan require the appointment of
an Executive Director to have general supervision over the
administration of its business and affairs; and
WHEREAS, Thomas Hedges is currently employed as City
Administrator for the City of Eagan; and
WHEREAS, the duties of the City Administrator and the
Executive Director are similar in nature.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
WHEREAS, the duties of the City Administrator and the
Executive Director are similar in nature.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota hereby appoint Thomas Hedges to the position of
Executive Director for the same period as he shall hold the
office of City Administrator for the City of Eagan.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against the same;
whereupon said resolution was declared duly passed and adopted.
LeFevere
Lcf Icr
Kennedy
O'Brien &
Drawz
A 1'rolr+,ionul
A,,, ,;: dnn
2000 First Bank Place West
Minneapolis October 24, 1983
Minnesota 55402
Telephone 612-333-0543
Clayton L. LeFevere
Herbert P. Lefler Mr. Tom Hedges
J. Dennis O'Brien
John E.Drawz City Administrator
David J. Kennedy City of Eagan
John B, Dean 3795 Pilot Knob Road
Glenn E, Purdue
Richard J. Schieller Eagan, Minnesota 55122
Charles L. LeFevere
Herbert P. Lefler III Re: Race Track Project - Finance Committee Decisions
Jeflrey J. Strand
Mary J. Bjorklund
John G. Kressel Dear Tom:
Dayle Nolan
CindyYou've iforhCit Council the
A. Nash Nash ouve asme to summarize Michaelel A. the y
Luke R. Komarek discussion of and recommendations made by Mayor Blomquist
Joan N. Ericksen and Councilmember Smith as the Finance Committee at its noon
Elizabeth D. Moran
Brian F. Rice meeting on Thursday, October 20th. The meeting was also
Lorraine S. Clugg attended by you, myself, other legal financial consultants
James J. Thomson, Jr, to the City, and Steve Pflaum representing the Jockey Club.
The Committee's deliberations centered on two principal
points:
1) The practical and legal considerations
surrounding the choice of a redevelopment tax
increment financing district (Redevelopment TIF)
or an economic development tax increment
financing district (Economic Development TIF) as
the financing vehicle for the race track project;
and
2) the inclusion of the remaining Laukka-Beck pro-
perties in either a TIF District or in a larger
development district or redevelopment Project
area. (There was also considerable discussion
about timing of various hearings and meetings, and
scheduling of the project, but I assume you'll
cover these matters with the Council.)
Mr. Tom Hedges
October 24, 1983
Page Two
General
Before summarizing the Committees actions on the two points
above, I think a brief general description of the concepts
and terms involved would be helpful to the Council both in
their reading of Faegre & Benson's and my letters of October
19th, and in understanding what I'm about to say.
Tax Increment Financing (TIF) is a method of financing
public improvements aimed at redevelopment or development by
the use of tax revenues (increments) resulting from increases
in the taxable value of taxable property in a geographically
defined area to retire principal and interest on City bonds
issued for that purpose. The increments may be used in the
area for other authorized purposes, too, but debt service on
the bonds is the primary purpose.
Tax Increment Financing (TIF)District is a specifically
described geographic area (which may be a single tract of
land or several non-contiguous tracts) which generates the
tax increments. The law authorizes three types of TIF
Districts.
Redevelopment TIF District is a TIF District designed to
eliminate or prevent blight, economic deterioration or
under -utilization or uneconomic use of land.
Economic Development TIF District is a TIF District designed
to attract industry, increase employment, and enhance tax
base.
Housing TIF District is a TIF District designed to provide
affordable housing for persons of low and moderate income as
defined by certain federal and state rules.
Project is an undertaking by the City of its Housing and
Redevelopment Authority (HRA) to conduct a redevelopment
housing or economic development activity under one of several
state laws; for example, a redevelopment project under
Minnesota Statutes, Chapter 462, a Municipal Development
District, Chapter 472A, or an industrial development project
under Chapter 474. The geographic area of the project may
be (and often is) larger than that of the TIF District
within it, and tax increments may be expended for project
costs anywhere in the Project Area if a Tax Increment
Financing Plan so provides.
Mr. Tom Hedges
October 24, 1983
Page Three
Tax Increment Financing Plan (TIF Plan) is a formal state-
ment of the project's objectives, activities, costs and
method of financing, approved by the City Council after
public hearing, which controls the expenditures of the tax
increments, that is, tax increments may only be expended for
authorized purposes set out in the TIF Plan.
Tax Increment Bonds (TIF Bonds) are bonds issued and sold by
the City in the normal fashion (like improvement bonds for
example) the proceeds of which are used to pay the costs
identified in the TIF Plan. The tax increments from the TIF
District (and sometimes special assessments as well) necessary
to pay the TIF Bonds are pledged to a debt service fund for
the TIF Bonds. TIF Bonds are almost general obligations of
the City backed by taxing power, but the bond issues are
almost always structured in such a way that the increments
are adequate to retire the TIF Bonds without a tax levy. If
the forecast increments do not materialize, however, the
City must make up the difference by a City-wide tax levy.
TIF Bonds payable solely from tax increments may be, but
seldom are, issued.
The Finance Committee's discussion about the race track have
revolved around (1) the establishment of a Redevelopment
TIF District as part of a redevelopment project undertaken
by the HRA with the TIF District and project area being co-
terminous, and (2) the establishment of an Economic Development
TIF District as part of an economic development project
undertaken by the HRA with the boundaries of the TIF District
and the project area being co -terminous. The following
summarizes, I think, their thinking and discussions thus
far.
1. Redevelopment vs. Economic Development. The basic
objective of a TIF program is to retire the TIF Bonds as
quickly as possible consistent with the tax increments
available to pay them, thus getting the project real property
back on the tax rolls, increasing the tax base, and relieving
the City of the debt obligations.
An Economic Development TIF District must effectively be
terminated within eight years (ten years is possible, but
not always achievable). The City Council findings legally
necessary to establish it are quite general, easily made,
and virtually unassailable from a legal point of view.
A Redevelopment TIF District may last for 25 years. The
required findings are quite specific, can be made only upon
factual data available to the Council, and are more susceptible
to legal attack. In summary, these findings are that the
Mr. Tom Hedges
October 24, 1983
Page Four
market value of the land in the TIF District plus the cost
of preparing it for the project must exceed the expected
fair market value of the land after preparation for the
project. The committee has been informed that the necessary
data to support that finding will be supplied.
The Committee was also informed that tax increment data
showing the shortest possible time for the retirement of
bonded debt for project costs will be supplied. The Committee
was of the opinion that if it is possible to retire the
bonds within an eight to ten year period, that it would
recommend to the HRA and the City Council that an Economic
Development TIF District rather than a Redevelopment TIF
District, be established. The choice is basically a function
of two variables: the exact costs to be financed (which
will also be supplied), and the tax increments available to
retire the debt incurred for the costs. Only when the cost
figures, the tax increment data and the land preparation
data are in hand, can the Council make a decision, and it is
possible that the decision may not be finally made until
November 15th, the scheduled date of the public hearing on
the TIF Plan.
2. Remaining Laukka-Beck Property. The Jockey Club
will be purchasing only a portion of the Laukka-Beck property
for the race track project. It is possible for the City to
designate the entire tract as a redevelopment project area
or an economic development area and to establish the corres-
ponding TIF District either on the race track parcels only
or co -terminous with the project area. The larger project
area with the small TIF District would enable the City to
expend tax increments for public costs anywhere in the
project area, and the co -terminous approach would enable the
City to capture increments from increased valuation in the
entire tract, provided the costs to be financed are properly
identified in the TIF Plan either at the outset or in a duly
adopted modification of it. (The TIF smaller district could
not be enlarged to cover the entire tract, however, after
five years.)
The Committee felt that there was no compelling reason to
include the remaining Laukka-Beck property in either the
project area or the TIF District because: 1) there are no
present plans for development or tax increment supported
activities in the area; 2) including the property in the
project area or the TIF District, or both, might stimulate
requests for additional TIF projects that may not be needed;
3) the project area and the TIF District can be expanded to
include the area if that becomes desirable in the next five
years; and 4) a new TIF proposal in the area can be con-
sidered on its own merits at any time.
Mr. Tom Hedges
October 24, 1983
Page Five
I think this accurately summarizes the Finance Committee's
deliberations thus far.
Yo rs very truly,
David J. Kennedy
DJK:caw
CC: Paul Hauge
Steve Rosholt
Beatta Blomquist
James A. Smith
SPECIAL CITY COUNCIL MEETING
THURSDAY
OCTOBER 27, 1983
7:00 P.M.
AGENDA
I. Call Meeting to Order
II. Formation &,:Desigriation of HRA
III. Adoption of HRA Bylaws
IV. Appointment of HRA Executive Director
V. Tax Increment Financing Workshop
VI. Other
VII. Adjournment
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 26, 1983
SUBJECT: SPECIAL CITY COUNCIL MEETING, OCTOBER 27, 1983
Formation and Designation of HRA
In order to consider tax increment financing applications, the City
must declare and organize a housing and redevelopment authority.
Action was taken at the October 6, 1983 City Council meeting to
set a public hearing to consider the establishment of a housing
and redevelopment authority (HRA). Attached is a copy of a resolu-
tion declaring the organization of a housing and redevelopment
authority in and for the City of Eagan. The resolution is
referenced as Resolution #1.
Adoption of HRA Bylaws
Assuming a housing and redevelopment authority is formed, it will
be necessary to adopt bylaws, which is standard procedure for the
establishment of an HRA. Attached is a copy of a resolution that
sets forth action to adopt the bylaws and also a copy of the pro-
posed bylaws. This resolution is referenced as Resolution #2.
Appointment of HRA Executive Director
It will be a requirement of the HRA to appoint an executive director
of the HRA. A resolution was prepared appointing the City Adminis-
trator as the executive director. This action is referenced as
Resolution #4 and attached for your information.
Special Note: Resolution #3 was calling for the designation of
an HRA seal, which according to the City Attorney and bond counsel
is not necessary and therefore is not .presented for consideration.
Tax Increment Financing Workshop
The finance committee has held three (3) meetings with City consul-
tants to gather as many facts and learn as much as possible about
tax increment financing. The finance committee is prepared, with
the assistance of the City Administrator and consultants, to present
a report to the City Council for review in what is entitled as the
agenda item, "Tax Increment Financing Workshop". This portion of
the special City Council meeting is not scheduled as a public
hearing but intended to be a workshop at which the City Council
will be provided an exchange of information from the consultants,
finance committee and City Administrator regarding tax increment
financing. There are no decisions required for tax increment finan-
cing. The public hearing would be scheduled for November 15, 1983.
October 27 Meeting Memo
Page Two
This workshop should be regarded as an opportunity for the City
Council to learn more about tax increment financing and become bet-
ter prepared for a decision that will be forthcoming at the November
15 meeting. The workshop will be informal and information will
be provided through a brief presentation and questions that may
be directed by the City Council to the consultants. Dave Kennedy
who is retained by the LeFevre, Lefler, Kennedy, O'Brien & Drawz
firm has prepared a letter that outlines most of the committee's
deliberations. A copy of that letter is enclosed for your review.
Also enclosed is a report of the last finance committee meeting
held on October 25. The City's special fiscal consultant, Evenson
Dodge, will be present Thursday night, and they, too, have prepared
several numbers that were reviewed by the finance committee. En-
closed is a copy of .the table and assumptions as outlined in an
attached letter that seemed to best work for this tax increment
financing application. This information will all be reviewed at
the workshop session on Thursday.
s/Thomas L. Hedges
City Administrator
TLH/hnd
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on , the day of
1983, at o'clock, _.M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION N1
A RESOLUTION DECLARING THE ORGANIZATION OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF EAGAN, MINNESOTA
WHEREAS, the Fagan City Council has held a public
hearing October 27, 1.983, to allow all persons present the
opportunity to comment on the establishment of a Housing and
Redeveloping Authority; and
WHEREAS, the Eagan City Council has adopted Resolution
No. which establishes the Housing and Redevelopment
AuthorTin and for the City of Eagan; and
WHEREAS, the Housing and Redevelopment Authority has
received copies of all the appropriate documents allowing the
establishment of a Housing and Redevelopment Authority.
-- Y
NOW, THEREFORE, BE,IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota, that the Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota, be and is hereby organized
pursuant to the Municipal Housing and Redevelopment Law of
Minnesota, and is now authorized to transact business and exer-
cise its powers in its area of operation as defined in said law.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner
and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against.the same;
whereupon said resolution was declared duly passed and adopted.
-2-
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on , the day of ,
1983, at o'clock, _.M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION #2
A RESOLUTION ADOPTING THE BY-LAWS OF
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EACAN, MINNESOTA
WHEREAS, the City Staff has prepared By -Laws for the
operation of the Housing and Redevelopment Authority in and for
the City of Eagan, Minnesota; and
WHEREAS, the Commissioners have reviewed the By -Laws.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota that the attached By -Laws be and are hereby
adopted and approved as and for the By -Laws of the Housing and
Redevelopment Authority in and for the City of Eagan, Minnesota.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against the same;
whereupon said resolution was declared duly passed and adopted.
BYLAWS OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF EAGAN, MINNESOTA
AR.TICI,E I - THE AUTHORITY
Section 1. Name of Authority. The name of the
Authority shall be the "Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota".
Section 2. Seal of Authority. The seal of the
Authority shall be in the form ofcircle and shall bear the
name of the Authority and the year of its organization.
Section 3. Office of Authority. The offices of the
Authority shall be at the City Hall in the City of Eagan, State
of Minnesota, but the Authority may hold its meetings at such
other place or places as it may designate by Resolution.
ARTICLE, II -OFFICERS
Section 1. Officers. The officers of the Authority
shall be a Ch— ai— r a , Vice -Chairman, and a Secretary.
Section 2. Chairman. The Chairman shall preside at
all meetings of the Authority. Except as otherwise authorized by
Resolution of the Authority, the Chairman shall sign all con-
tracts, deeds, and other instruments made by the Authority. At
each meeting the Chairman shall submit such recommendations and
information as he may consider proper concerning the business,
affairs, and policies of the Authority.
Section 3. Vice -Chairman. The Vice -Chairman shall
perform the duties of the Chairman in the absence or incapacity
of the Chairman; and in case of the resignation or death of the
Chairman, the Vice -Chairman shall perform such duties as are
imposed on the Chairman until such time as the Authority shall
select 'a new Chairman.
Section 4. Secretary. The Secretary shall perform
the duties of a Secretary for the Authority.
Section 5. Executive Director. The Authority shall
employ an Execs Director who shall have general supervision
over the administration of its business and affairs, subject to
the direction of the Authority. He shall be charged with the
management of the housing projects of Authority.
As assistant to the Secretary, the Executive Director
in his own name and title shall keep the records of the Authority,
shall act as Secretary of the meetings of the Authority and
record all votes, and shall keep a record of the proceedings of
the Authority in a journal of proceedings to be kept for such
purpose, and shall perform all duties incident to his office. He
shall keep in safe custody the seal of the Authority and shall
have power to affix such seal to all contracts and instruments
authorized to be executed by the Authority.
He shall have the care and custody of all funds of the
Authority and shall deposit the same in the name of the Authority
in such bank or banks as the Authority may select. The Secretary -
Treasurer shall sign all orders and checks for the payment of
money and shall pay out and disburse such moneys under the
direction of the Authority. Except as otherwise authorized by
resolution of the Authority, all such orders and checks shall be
counter -signed by the Chairman. He shall keep regular books of
accounts showing receipts and expenditures and shall render to
the Authority, at each regular meeting (or oftener when requested),
an account of his transactions and also of the financial condi-
tion of the Authority. He shall give such bond for the faithful
performance of his duties as the Authority may determine.
The compensation of the Executive Director shall be
determined by the Authority.
Section 6. Additional Duties. The officers of the
Authority shall perform such other duties and functions as may
from time to time be required by the Authority or the Bylaws or
rules and regulations of the Authority.
Section 7. Flection or Appointment. The First Chair-
man shall, pursuant to his appointment, serve in the capacity of
Chairman until the expiration of his term of office as Commis-
sioner. The Vice -Chairman, Secretary, and except in the case of
the First Chairman, the Chairman shall be elected at the annual
meeting of the Authority from among the Commissioners of the
Authority, and shall hold office for one year or until their
successors are elected and qualified.
The Executive Director shall be appointed by the
Authority. Any person appointed to fill the office of Executive
Director, or any vacancy therein, shall have such term as the
Authority fixes, but no Commissioner of the Authority shall be
eligible to this office.
-2-
Section 8. Vacancies. Should the office of Chairman,
Vice -Chairman, or Secretary dome vacant, the Authority shall
elect a successor from its membership at the next regular meet-
ing, and such election shall be for the unexpired term of said
office. When the office of ,Executive Director becomes vacant,
the Authority shall appoint a successor, as aforesaid.
Section 9. Additional Personnel. The Authority may,
from time tome, employ such personnel as it deems necessary to
exercise its powers, duties, and functions as prescribed by the
Municipal Housing and Redevelopment Law of Minnesota applicable
thereto. The selection and compensation of such personnel
(including the Executive Director) shall be determined by the
Authority subject to the laws of the State of Minnesota.
ARTICLE III - MEETINGS
Section 1. Annual Meetinq. The annual meeting of the
Authority shall be held on the first Monday of January at 7:30
o'clock P.M. at the regular meeting place of the Authority. In
the event such date shall fall on a legal holiday, the annual
meeting shall be held on the next succeeding secular day.
Section 2. Regular Meeting. There shall be two
regular meetseti—`ngs of the Authority held without notice at the
regular meeting place of the Authority on the first Monday of
January and the first Monday of June at 7:30 o'clock P.M. unless
the same shall be a legal holiday, in which event said meeting
shall be held on the next succeeding secular day. All other
meetings required shall be Special Meetings as established in
accordance with Section 3.
Section 3. Special Meetings. Special meetings of the
Authority may be called by the Chairman, or two members of the
Authority, for the purpose of transacting any business designated
in the call. The call for a special meeting may be delivered at
any time prior to the time of the proposed meeting to.each member
of the Authoritv or may be mailed to the business or home address
of each member of the Authority at least twenty-four (24) hours
prior to the date of such special meeting. At such special
meeting, no business shall be considered other than as designated
in the call, but if all of the members of the Authority are
present at a special meeting, any and all business may be trans-
acted at such special meeting.
Section 4. Quorum. The powers of the Authority shall
be vested in the Commissioners thereof in office from time to
time. Three Commissioners shall constitute a quorum for;the
purpose of conducting its business and exercising its powers for
all other purposes, but a smaller number may adjourn from time to
time until a quorum is obtained. When a quorum is in attendance,
action may be taken by the Authority upon a vote of a majority of
the Commissioners present.
-3-
Section 5. Order of Business. At the regular meeting
of the AuthorT the following shall be the order of business:
1. Roll Call
2. Reading and approval of the minutes of the
previous meeting
3. Bills and communications
4. Report of the Executive Director
5. Unfinished business
6. New business
7. Adjournment.
All resolutions shall be in writing and shall be copied
in the iournal of the proceedings of the Authority.
Section 6. Manner 2f'2 The voting on all
questions coming�ieho
fore -the Autrity ll be by roll call and
the yeas and nays shall be entered upon the minutes of such
meeting.
ARTICLE IV - AMENDMENTS
Amendments to Bylaws. The Bylaws of the Authority
shall be amended only with the approval of at least three of the
members of the Authority at a regular or special meeting.
-4-
Extract of Minutes of Meeting of the
Housing and Redevelopment Authority
in and for the City of Eagan, Minnesota
Pursuant to due call and notice thereof, a
meeting of the Housing and Redevelopment Authority in and for the
City of Eagan, Minnesota, was duly held at the City Hall in said
City on
, the day of _ ,
1983, at o'clock, .M.
The following Commissioners were present:
and the following were absent:
Commissioner
introduced the
following written resolution and moved its adoption:
HRA RESOLUTION #9
A RESOLUTION APPOINTING THOMAS HEDGES,
CITY ADMINISTRATOR, AS EXECUTIVE DIRECTOR OF
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EAGAN, MINNESOTA
WHEREAS, the By -Laws of the Housing and Redevelopment
Authority in and for the City of Eagan require the appointment of
an Executive Director to have general supervision over the
administration of its business and affairs; and
WHEREAS, Thomas Hedges is currently employed as City
Administrator for the City of Eagan; and
WHEREAS, the duties of the City Administrator and the
Executive Director are similar in nature.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
WHEREAS, the duties of the City Administrator and the
Executive Director are similar in nature.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of
the Housing and Redevelopment Authority in and for the City of
Eagan, Minnesota hereby appoint Thomas Hedges to the position of
Executive Director for the same period as he shall hold the
office of City Administrator for the City of Eagan.
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against the same;
whereupon said resolution was declared duly passed and adopted.
LeFevere
Lcf Icr
Kennedy
O'Brien &
Drawz
A 1'rolr+,ionul
A,,, ,;: dnn
2000 First Bank Place West
Minneapolis October 24, 1983
Minnesota 55402
Telephone 612-333-0543
Clayton L. LeFevere
Herbert P. Lefler Mr. Tom Hedges
J. Dennis O'Brien
John E.Drawz City Administrator
David J. Kennedy City of Eagan
John B, Dean 3795 Pilot Knob Road
Glenn E, Purdue
Richard J. Schieller Eagan, Minnesota 55122
Charles L. LeFevere
Herbert P. Lefler III Re: Race Track Project - Finance Committee Decisions
Jeflrey J. Strand
Mary J. Bjorklund
John G. Kressel Dear Tom:
Dayle Nolan
CindyYou've iforhCit Council the
A. Nash Nash ouve asme to summarize Michaelel A. the y
Luke R. Komarek discussion of and recommendations made by Mayor Blomquist
Joan N. Ericksen and Councilmember Smith as the Finance Committee at its noon
Elizabeth D. Moran
Brian F. Rice meeting on Thursday, October 20th. The meeting was also
Lorraine S. Clugg attended by you, myself, other legal financial consultants
James J. Thomson, Jr, to the City, and Steve Pflaum representing the Jockey Club.
The Committee's deliberations centered on two principal
points:
1) The practical and legal considerations
surrounding the choice of a redevelopment tax
increment financing district (Redevelopment TIF)
or an economic development tax increment
financing district (Economic Development TIF) as
the financing vehicle for the race track project;
and
2) the inclusion of the remaining Laukka-Beck pro-
perties in either a TIF District or in a larger
development district or redevelopment Project
area. (There was also considerable discussion
about timing of various hearings and meetings, and
scheduling of the project, but I assume you'll
cover these matters with the Council.)
Mr. Tom Hedges
October 24, 1983
Page Two
General
Before summarizing the Committees actions on the two points
above, I think a brief general description of the concepts
and terms involved would be helpful to the Council both in
their reading of Faegre & Benson's and my letters of October
19th, and in understanding what I'm about to say.
Tax Increment Financing (TIF) is a method of financing
public improvements aimed at redevelopment or development by
the use of tax revenues (increments) resulting from increases
in the taxable value of taxable property in a geographically
defined area to retire principal and interest on City bonds
issued for that purpose. The increments may be used in the
area for other authorized purposes, too, but debt service on
the bonds is the primary purpose.
Tax Increment Financing (TIF)District is a specifically
described geographic area (which may be a single tract of
land or several non-contiguous tracts) which generates the
tax increments. The law authorizes three types of TIF
Districts.
Redevelopment TIF District is a TIF District designed to
eliminate or prevent blight, economic deterioration or
under -utilization or uneconomic use of land.
Economic Development TIF District is a TIF District designed
to attract industry, increase employment, and enhance tax
base.
Housing TIF District is a TIF District designed to provide
affordable housing for persons of low and moderate income as
defined by certain federal and state rules.
Project is an undertaking by the City of its Housing and
Redevelopment Authority (HRA) to conduct a redevelopment
housing or economic development activity under one of several
state laws; for example, a redevelopment project under
Minnesota Statutes, Chapter 462, a Municipal Development
District, Chapter 472A, or an industrial development project
under Chapter 474. The geographic area of the project may
be (and often is) larger than that of the TIF District
within it, and tax increments may be expended for project
costs anywhere in the Project Area if a Tax Increment
Financing Plan so provides.
Mr. Tom Hedges
October 24, 1983
Page Three
Tax Increment Financing Plan (TIF Plan) is a formal state-
ment of the project's objectives, activities, costs and
method of financing, approved by the City Council after
public hearing, which controls the expenditures of the tax
increments, that is, tax increments may only be expended for
authorized purposes set out in the TIF Plan.
Tax Increment Bonds (TIF Bonds) are bonds issued and sold by
the City in the normal fashion (like improvement bonds for
example) the proceeds of which are used to pay the costs
identified in the TIF Plan. The tax increments from the TIF
District (and sometimes special assessments as well) necessary
to pay the TIF Bonds are pledged to a debt service fund for
the TIF Bonds. TIF Bonds are almost general obligations of
the City backed by taxing power, but the bond issues are
almost always structured in such a way that the increments
are adequate to retire the TIF Bonds without a tax levy. If
the forecast increments do not materialize, however, the
City must make up the difference by a City-wide tax levy.
TIF Bonds payable solely from tax increments may be, but
seldom are, issued.
The Finance Committee's discussion about the race track have
revolved around (1) the establishment of a Redevelopment
TIF District as part of a redevelopment project undertaken
by the HRA with the TIF District and project area being co-
terminous, and (2) the establishment of an Economic Development
TIF District as part of an economic development project
undertaken by the HRA with the boundaries of the TIF District
and the project area being co -terminous. The following
summarizes, I think, their thinking and discussions thus
far.
1. Redevelopment vs. Economic Development. The basic
objective of a TIF program is to retire the TIF Bonds as
quickly as possible consistent with the tax increments
available to pay them, thus getting the project real property
back on the tax rolls, increasing the tax base, and relieving
the City of the debt obligations.
An Economic Development TIF District must effectively be
terminated within eight years (ten years is possible, but
not always achievable). The City Council findings legally
necessary to establish it are quite general, easily made,
and virtually unassailable from a legal point of view.
A Redevelopment TIF District may last for 25 years. The
required findings are quite specific, can be made only upon
factual data available to the Council, and are more susceptible
to legal attack. In summary, these findings are that the
Mr. Tom Hedges
October 24, 1983
Page Four
market value of the land in the TIF District plus the cost
of preparing it for the project must exceed the expected
fair market value of the land after preparation for the
project. The committee has been informed that the necessary
data to support that finding will be supplied.
The Committee was also informed that tax increment data
showing the shortest possible time for the retirement of
bonded debt for project costs will be supplied. The Committee
was of the opinion that if it is possible to retire the
bonds within an eight to ten year period, that it would
recommend to the HRA and the City Council that an Economic
Development TIF District rather than a Redevelopment TIF
District, be established. The choice is basically a function
of two variables: the exact costs to be financed (which
will also be supplied), and the tax increments available to
retire the debt incurred for the costs. Only when the cost
figures, the tax increment data and the land preparation
data are in hand, can the Council make a decision, and it is
possible that the decision may not be finally made until
November 15th, the scheduled date of the public hearing on
the TIF Plan.
2. Remaining Laukka-Beck Property. The Jockey Club
will be purchasing only a portion of the Laukka-Beck property
for the race track project. It is possible for the City to
designate the entire tract as a redevelopment project area
or an economic development area and to establish the corres-
ponding TIF District either on the race track parcels only
or co -terminous with the project area. The larger project
area with the small TIF District would enable the City to
expend tax increments for public costs anywhere in the
project area, and the co -terminous approach would enable the
City to capture increments from increased valuation in the
entire tract, provided the costs to be financed are properly
identified in the TIF Plan either at the outset or in a duly
adopted modification of it. (The TIF smaller district could
not be enlarged to cover the entire tract, however, after
five years.)
The Committee felt that there was no compelling reason to
include the remaining Laukka-Beck property in either the
project area or the TIF District because: 1) there are no
present plans for development or tax increment supported
activities in the area; 2) including the property in the
project area or the TIF District, or both, might stimulate
requests for additional TIF projects that may not be needed;
3) the project area and the TIF District can be expanded to
include the area if that becomes desirable in the next five
years; and 4) a new TIF proposal in the area can be con-
sidered on its own merits at any time.
Mr. Tom Hedges
October 24, 1983
Page Five
I think this accurately summarizes the Finance Committee's
deliberations thus far.
Yo rs very truly,
David J. Kennedy
DJK:caw
CC: Paul Hauge
Steve Rosholt
Beatta Blomquist
James A. Smith