HomeMy WebLinkAboutResolution No. 2008-313CITY OF COLUMBIA HEIGHTS
RESOLUTION 2008-313
RESOLUTION APPROVING TERMS OF INTERFUND LOAN IN CONNECTION
WITH K-MART/CENTRAL AVENUE TIF DISTRICT
RECITALS
A. The City of Columbia Heights. ("City") and its Economic Development Authority
("Authority"} have undertaken a program to promote the development and redevelopment of land
which is underutilized within the City, and in this connection the Authority administers the
Downtown Central Business District Redevelopment Project ("Project") pursuant to Minnesota
Statutes, Sections 469.001 to 469.047 and Sections 469.090 to 469.1081 (the "Act").
B. Pursuant to the Act, the Authority or City is authorized to acquire real property for
development and redevelopment by private enterprise or public use.
C. The City proposes to acquire certain property in the Project located at 4636 Polk Street
(the "Property"}.
D. The Authority and City intend to modify the boundaries of the K-Mart/Centrai Avenue
Tax Increment Financing District ("TIF District") to include the Property in order to facilitate
development of the property.
E. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance
or loan money from any fund from which such advances may be legally made in order to finance
expenditures that are eligible to be paid with tax increments under the TIF Act.
F. The City has determined that it is in the best interests of the City to loan funds to the
EDA in order to acquire the Property, which loan will be repaid from tax increments, all as further
described in this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights as follows:
1. The City authorizes a loan in the maximum principal amount of $116,500 (the
"Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such
amount will be made available at or before the closing on acquisition of the Property by the City.
2. The outstanding principal balance of the Loan bears interest at the rate of 8.0 percent
per annum for expenditures made in 2008. For expenditures made in 2009, the interest rate shall be
reset to the greater of (a) the rate specified under Minnesota Statutes, Section 270C.40 or (b) the rate
specified under Minnesota Statutes, Section 549.09 for 2009. Interest accrues from the date of
disbursement from the identified funds in order to acquire the Property.
3. The Loan is payable from tax increments generated from the TIF District as
described in the Authority's Resolution Approving the Terms of Internal Loan in Connection with
K-Mart/Central Avenue TIF District, approved on the date hereof. Principal and interest
("Payments") shall be paid semi-annually on each August 1 and February 1 ("Payment Dates"),
commencing on the first Payment Date after the first advance of Qualified Costs and continuing
through the earlier of (a) the date the principal and accrued interest of the TIF Loan is paid in full, or
(b} the date of last receipt of tax increment from the TIF District. Payments will be credited to the
respective fund from which the Loan was drawn. All payments shall be applied first to accrued
interest, and then to unpaid principal of the Loan.
4. The principal sum and alI accrued interest payable under the Loan are pre-payable in
whole or in part at any time by the Authority without premium or penalty.
5. The Loan is evidence of an interfund loan in accordance with. Minnesota Statutes,
Section 469.178, subd. 7 and is a limited obligation payable solely from the revenues pledged to the
payment hereof under this resolution. This Loan and the interest hereon shall not be deemed to
constitute a general obligation of the State of Minnesota or a17y political subdivision thereof,
including, without limitation, the Authority. Neither the State of Minnesota, nor any political
subdivision thereof shall be obligated to pay the principal of or interest on this Loan or other costs
incident hereto except out of the pledged revenues, and neither the full faith and credit nor the
taxing power of the State of Minnesota or any political subdivision thereof is pledged to the
payment of the principal of or interest on the Loan or other costs incident hereto.
6. The Loan is subject to modification of the TIF Plan to include the TIF District area.
7. The City may amend the terms of this Loan at any time by resolution of the City
Council, including a determination to forgive the outstanding principal amount and accrued interest
to the extent permissible under law.
8. The City Council authorizes and directs staff to take all actions and execute any
collateral documents necessary to carry out the intent of this resolution.
Approved by the City Council of the City of Columbia Heights, Minnesota this 8th day of
December, 2008.
Offered by: Diehm
Second by: Williams
Roll call: Aye: Peterson, Williams, Diehm, Kelzenberg Nay: Nawrocki
""~"`'~~
i
ayo ary L. eterson
ATTEST:
_._ _, . ,~
f J~,~ ft'ryt t
. ~ _z. i Fi ~~_
('n _"~ „3
atricia Muscovitz CMC `,,
City Clerk
2