HomeMy WebLinkAbout2005-04-15 OPH Ltr to ApplicantCity of Oak Park Heights
14168 Oak Park Blvd. N •Box 2007. Oak Park Heights, MN 55082 • Phohe (651) 439 -4439 •Fax (651) 439 -0574
April 15, 2005
Mr. Tim Nolde
Anchobaypro, Inc.
PO Box 119
Stillwater, MN 55082
RE: TIF Application
Dear Mr. Nolde,
The City i's in receipt of your TIF application dated April 5' 2005. As you know TIF in the State, of
Minnesota is a complicated process and cities such as Oak Park Heights are hard- pressed to provide an
internal and thorough analysis. Accordingly the City will be processing your submitted documents with a
metro firm that typically handles such developments; such as Ehlers, Springstead, etc.
Can February 16 d ', 2005 my office had directed a letter to you specifying basic information that the City
would need to begin a process for project TIF review. Your recent submission did address some of this
material but did not include the followm* g and/or was deficient in scope:
* The summary description was not detailed;
Mailing labels were not provided,
Legal descriptions were not provided;
* Financial information as submitted is limited and does not address specifics or financing
methodology nor was it provided by an independent agency traditionally known for such
documentation;
* No demon.strateable documentation from legal counsel that the proposal would be compliant with
Minnesota TIF law (redevelopment area);
* Discussion of the "but -for" test is limited and must be discussed in detail and provided by an
independent agency traditionally known for such documentation;
Obviously, the City could not make an appropriate decision based on the information you have provided to
date. However, your submission does meet a minimum threshold for a "good - faith" effort to set the project
in motion. Accordingly, at a niinin1un, the above information must be provided to the City prior to May
5 * , 2005 in order to have the Planning Commission review same and make a recommendation to the City
Council. Should this information not be provided by such date the City will move any further
consideration to its June proceedings, but this same information shall be provided by June ta 2005.
Should this June 2 deadline pass, the City would reject your application as incomplete.
Presumably, this information will be provided by the City's consultant whose fees you will be responsible
to pay for and are in addition to your already paid $3,000 Application Fee. As such this consultant would
be reviewing your submitted information as a consultant for the and you would need to provide such
person(s) additional information as requested by their offices in a timely manner to derive appropriate
determinations and prepare a final report and recommendation.
Even upon the completion of this review and report the City is under no obligation to approve the use of
TIF financing regardless of the possible benefits to the City or contents of the report. Should the project
however be acceptable to the City a final Development Agreement would be needed.
As you are aware, the City has not committed to any of the following:
fund (directly or indirectly) any portion of the projects you have proposed;
0 pledge its resources to ensure potential recovery of your investment should the TIF proposal
and/or increment fail to supply adequate funding;
9 issue any bonds to finance such proposal;
0 make any required land -use or zoning decisions relative to proposed district area — this would need
to be a separate application and process from the TIF proposal;
i Implement any eminent domain proceedings.
If you have a preferred TIF consultant the City would entertain the use of such firm., but such decision shall
ultimately be the City's. Please provide me such information as soon as possible via email or facsimile. The
City Council shall designate a TIF Consultant at their April 26 meeting.
Pursuant to Minnesota Statutes 15.99, Subd. 3(f), the City of Oak Park Heights is herewith extending the
period of time for agency /city review of the application for an additional 60 day period (for a total of 120
days from the date of application) inasmuch as the City has determined that additional research and study
by the City staff relative to the conglexity of the project as proposed will be required.
Please let me know}f'yo}f hVe/,iny questions.
Eric J son
City drninistrator
Cc: Mr. I3 olf Dieke
Mark vierling, City Attorney
Scott Richards, City Planner
Judy Holst
Julie Hultman
City Council Members