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4.6. SR 20-18-1996ITEM 4.6. a-b MEMORANDUM City of River FROM: DATE: Mayor & City Council Pat Klaers, City Adn~Wator October 28, 1996 ~ SUBJECT: Surface Water Management (SWM) Issues A. Funding Options for Recent Projects The need to fund recent 1995-96 projects has been discussed by the staff and City Council at a number of meetings in the past six months including the April 15 CIP meeting and the September 9 budget meeting. Highlighted at these meetings was the city's need to fund the SWM component of the Western Area Phase II project, the Main/Evans project, and the north Joplin Street frontage road project (1997). The cost for these projects is estimated to exceed $750,000. Additional bonding is one funding option to consider, but the city has already issued bonds in excess of $1 million for SWM projects that were completed in the early to mid 1990's. After extensive discussion, review, and analysis of this situation, it is staffs recommendation that the city dedicate funds from TIF No. 2 and No. 3 to these SWM projects. This expenditure for these types of projects is consistent with state law and if approved it is then planned that the city would amend the budgets for these districts. Please see the attached memo from Director of Economic Development Paul Steinman regarding this district amendment issue. Recommendations It is recommended that the City Council approve the expenditure of TIF No. 2 and No. 3 funds for SWM projects which do not have another funding source; these may include Fresno, Westwood, Western Area Phase II, Main/Evans, and North Joplin Street frontage road. It is recommended that the City Council call a public hearing for December 16, 1996, to amend TIF Districts No. 2 and No. 3. B. Review 1997-98 Projects It is anticipated that the SWM projects for the next few years will include the upgrade of Ditch 28 from the railroad tracks to the river, 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 an upgrade of the Ditch 10 railroad crossing east of Highway 169, redevelopment work at the 4th Street and Norfolk area, and work associated with major development projects in east Elk River near County Road 12. All of these projects may not happen in the next few years, but they need to be evaluated and considered at this time. Additionally, it can be assumed that some unexpected projects that are not known at this time will be deemed a high priority by the City Council and will be authorized. At this time staff is getting cost estimates for the above projects for City Council review. We will discuss the financing and funding of these projects at the January and February CIP meetings and also at the 11/25/96 budget worksession. council\swmiss.doc City of iver TO: MEMORANDUM Mayor and City Council Patrick D. Klaers, City Administrator FROM: Paul T. Steinman, Director of Economic Development DATE: October 28, 1996 SUBJECT: Proposed Budget Modifications for TIF District 2 & 3 PURPOSE OF MEMO The purpose of this memo is to provide an explanation of the action which the Council took at its meeting on Monday, October 21, during which they called a public hearing to, in part, modify the budgets in Tax Increment Financing District No's. 2 & 3. II. 0 VER VIEW The primary purpose of the Council action was to call a public hearing for the creation of Tax Increment Finance District No. 16 (King and Main). The secondary purpose of the action was to call a public hearing in order to modify the budgets in Tax Increment Finance District No's. 2 & 3. The purpose of this action is because we are planning to undertake expenditures from TIF Districts 2 & 3 which have not been identified within the budgets of those TIF plans. III. PRIMARY ISSUES TO CONSIDER What is the purpose of modifying the budgets in TIF Districts 2 & 3 after the funds have been expended? It appears as though the timing of this issue is somewhat contradictory, due to the following factors: 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Mayor and City Council Pat Klaers TIF District 2 & 3 TIF Districts 2 & 3 have been decertified. We will be holding a public hearing to amend the budget after the dollars have been spent. The primary purpose for amending the budgets in these two districts is to satisfy an administrative detail regarding the city's TIF reporting requirements to the state auditor. As you are aware, the finance department undertakes a fairly complex task of filing reports to the state auditor prior to July 1st of each year on all of the city's tax increment districts. In order to provide an accurate report on TIF Districts 2 & 3, regarding the expenditures from such districts, it is necessary to amend these budgets to reflect the dollars spent from these districts (even after the fact) on surface water management issues. Although it appears as though the order of these events is not logical, City Attorney, Peter Beck, has indicated it is necessary in order to avoid raising questions about TIF District 2 & 3, and possibly other districts unrelated to this issue, when the city submits its annual disclosure statements on July 1st, 1997. IV. CONCLUSION In conclusion, cities have become a bit nervous over the past year regarding the details of their tax increment district reporting requirements. The state has hired three full-time auditors to examine, review, and research if necessary, the details of numerous city's tax increment financing districts. If simple questions are raised or red flags appear in our reports, it may lead to an audit of all our districts. Therefore, we are taking extraordinary measures to assure that we are abiding by the new reporting requirements. If you have any questions, please feel free to contact either me or Lori Johnson. RECOMMENDATION Staff recommends the Council call for a public hearing to be held on Monday, December 16, 1996, to amend the budgets for TIF District No's 2 & 3. City Attorney, Peter Beck, recommended that these budget Mayor and City Council Pat Klaers TIF District 2 & 3 amendments be approved prior to year end 1996. The public hearing for creation of TIF District No. 16 (King & Main) will proceed as scheduled on January 27, 1997. VI. ATTACHMENTS Schedule for budget amendments s:\eda\tif2&3mm.doc ELK RIVER CITY COUNCIL FOR THE MODIFICATION OF TAX INCREMENT DISTRICT NO. 2 AND 3 Schedule October 28, 1996 City Council calls for a public hearing to be held on December 16, 1996, to amend the budgets in Tax Increment Financing District No. 2 and 3 October 28, 1996 Letter sent to County Commissioner of the area within which the Tax Increment Financing District No. 2 and 3 are located (at least 30 days prior to publication of public hearing notice) November 1, 1996 Complete draft of budget amendments November 8, 1996 Budget amendments forwarded to School District and County Board (at least 30 days prior to public hearing) November 25, 1996 Send public hearing notice and map to local paper December 4, 1996 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to public hearing) December 16, 1996 City Council holds public hearing on the budget amendments to Tax Increment District No. 2 and 3 and passes resolution approving such amendments December 17, 1996 Distribute amendments and resolution to appropriate parties TIbudmod