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Regular City Council Meeting <br />Monday, September 13, 2010 <br />Page 10 <br />Councilmember Pust noted that the original application for the project had not <br />included a TIF request, and questioned when and where that request originated. <br />Community Development Director Patrick Trudgeon advised that the original <br />project came forward for discussion in 2007, with approvals of the full project in <br />2008, followed by a return of the project proposed for phases in the fall of 2009. <br />Mr. Trudgeon noted that the actual plat approved as part of that revision had ex- <br />pired and would require the applicant to return for another approval, with that ap- <br />plication already in-house for staff review and recommendation. <br />Councilmember Ihlan referenced page 3 of the TIF Plan, Section I, second para- <br />graph and second sentence regarding construction of the project and the number <br />and type of jobs to be created, including construction jobs, and the basis for that <br />finding; and what new jobs will be created as opposed to construction jobs for ex- <br />isting companies. <br />Ms. Huot advised that the .language of that section was the additional legislative <br />provision recently adopted, and provided for one of three tests to be considered <br />for an Economic Development TIF District, for the City to consider approval <br />beyond traditional TIF Districts. Ms. Huot reviewed the criteria for job creation, <br />opining that the development would create jobs, adhering to the provisions of the <br />Jobs Bill adopted earlier this year. <br />Ms. Radel clarified the intent of those criteria in Section B on page 2 of the Plan, <br />providing for not just job creation, but also job retention as part of that finding of <br />fact. <br />Councilmember Pust questioned if, under the new legislation, creation or reten- <br />tion of just one job satisfied that component. <br />Ms. Huot noted that this was a good legal question; however, based on her per- <br />ception from anon-legal standpoint, and the definition of the statutory provisions, <br />she assumed that even one job created and/or retained would qualify; and was a <br />component of the "BUT FOR" test. <br />Councilmember Ihlan noted, in the same paragraph, questioned the threshold for <br />the starting date assigned by HUD; and how the City could predict that by the <br />time for construction to start and the project to move forward, that the project <br />couldn't be fully funded without the use of public subsidies such as TIF. <br />Ms. Huot advised that, as part of Springsted's due diligence in reviewing the <br />project's financials and pro formas, the rates of return anticipated by the develop- <br />er for this project if the project were to proceed without TIF before a certain date, <br />the developer has indicated that there would not be sufficient returns without TIF <br />assistance. Ms. Huot advised that this is another component of the "BUT FOR" <br />