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HomeMy WebLinkAbout1995-11-22 TIF Commission MinutesRIVERSIDE TAX INCREMENT FINANCING COMMISSION NOVEMBER 22, 1995 Members present: Betty Burch, Jim Davis, Diza Eskridge, Jimmy Karr, Ron Super, Al Tunis, Jim Wedua, Tim Weeks Also present: Dick Smith, Don Witt, Tony Curp, Kent Cripen, Richard King, John Brown, Dan Peak, Ray Beard, and Ann Daniels The meeting was called to order at 7:05 p.m. by Chairman Ron Super. A motion was made by Jimmy Karr, seconded by Betty Burch, to approve the minutes of the November 8, 1995, meeting as printed. The vote was unanimous. During a review of the Minutes from the November 13, 1995, Public Hearing, the following corrections were made: corrections in the wording to reflect the Public Hearing was "closed" rather than "adjourned"; Diza Eskridge's comment referring to a commitment Trillium had made previously with the "city" rather than the "county"; and the time the hearing was closed changed from 9:45 p.m. to 11:30 p.m. A Motion was made by Jimmy Karr, seconded by Betty Burch, that the Minutes of the November 13, 1995 Public Hearing be approved as corrected. The vote was unanimous. The Treasurer, Betty Burch, brought a recommendation and made a motion that the Commission Secretary, Ann Daniels, be paid her hourly overtime rate of $30 for administrative services performed on behalf of the TIF Commission. The motion was seconded by Al Tunis. The vote was unanimous. Treasurer Burch then presented the following bills for approval to pay: Ann Daniels, 10-6-95 through 11-22-95, $1,920.00; Dick Smith, 9-28-10-26 - $1,597.07; Don Witt, 9-28-10-31, $4,075.44. (A copy of these billings are attached as a part of the Minutes.) A Motion to approve payment of the bills was made by Jimmy Karr, seconded by Diza Eskridge. The vote was unanimous. The Chairman announced a Closed Session had been placed on the Agenda if the Commission members felt the need to hear from their Attorney with legal advice concerning the matter pending. No motion to do so was forthcoming at this time. Ed Young entered the meeting at 7:25 p.m. Richard King, representing the Trillium Corporation, asked for time to highlight the new proposals included in the information submitted to the Commission in the past three days. The Board agreed to hear his presentation. King stated the changes presented to the plan are twofold: 1. The revised projections will allow the City of Riverside to make a one-time contribution of $2.3 million in the first year of the TIF Plan. This money would be held in escrow and expended in 1999, after a commitment is received for placement of bonds required to insure construction of the L-385 Levee Project. The one-time payment would result in a net present value savings to the City of $141,477. 2. The revised financing plan would allow a minimum of 25 percent of the payment in lieu of taxes generated annually by the land based improvements associated with the Argosy Riverside Casino to be returned to the Park Hill School District and other taxing districts. This would result in total revenues od $1,136,262 being returned to these taxing districts during the first five years of the TIF Plan. Of this amount, 75.66 percent, or $859,696, will be paid to the Park Hill School District. King further explained that the main item involved in bringing about these proposed changes is that a series of four bonds would be issued rather than to take the City's contribution so that interest would accrue to pay the bonds in the first year. Mr. King reviewed the responses his firm had sent to Dr. Gayden Carruth, Superintendent of the Park Hill School District. He restated that the capitol levy increases would be collected on the entire amount of assessment but the operating levy would not. A discussion followed King's statement that the Platte County R-5 School District is receiving $305,000 a year, in the School Foundation formula, from the Argosy's profits paid to education in the State of Missouri. Opinions and interpretations differed on this issue and no resolution was reached. Dick Smith, attorney for the Commission, asked what costs were detailed in Section 10.1-10.3 of the response to the School District and whether they were talking about recapturing funds to pay for infrastructure and private property improvements. King stated this was not the case. Mr. Young asked what form the $8.5 million, shown as a contribution from Trillium, would take. King stated it would be a letter of credit used to back the bonds; if there is a default, the letter of credit would be used to pay back all those involved with the developer being paid back last. A discussion was held concerning the appropriateness of requesting funds for the Developer's costs associated with developing the plan and the "up front" administrative costs. Dick Smith stated this was customary and legal. Mr. Young expressed concern that the members of the Board of Aldermen are already being "pressured" to decide something that the TIF Commission has not decided nor recommended. Dick Smith inquired as to how the developers we the 25o refund to the school district. King happen because the construction period would issuances of the four series of bonds allows the further spread out; and the City's contribution front. Other questions asked included: re able to propose stated this could be shortened, the amortization to be lets this occur up How much is projected to come from the area in retail growth? Referred to Exhibit C. If a property tax were to be voted by the residents of Riverside in order to keep the City financially solvent in the event the Argosy funds should be reduced, would all the property tax received in the city be captured or only that for the properties located in the TIF area. Answer: Only that in the TIF area and only on real property; not personal property. Why is the levy assessment only calculated for 20 years? Answer: That is the amount of time projected to cover the costs for the needed funds. Kent Crippen was introduced and reviewed his latest letter, of November 22, 1995, detailing his support about the access of the Interchange from 635 to the entire area, but even to Argosy. (A copy of his letter is attached to these Minutes.) Mr. King inquired of Mr. Crippen if the 60 acres owned by Argosy would, indeed, benefit from the levee and the Interchange. Mr. Crippen responded, "Most definitely". In closing his remarks, Mr. King stated that his clients had addressed the issue of a Closed Session to discuss legal actions which may be threatened or under consideration by the Commission. He and his clients were trusting the Commission's attorneys to see that nothing inappropriate was discussed if such a session was entered into. Dick Smith stated he believed the State Statutes, 610.021(1) allowed for an attorney to give privileged counsel to his clients and he believed this was perfectly legal if the Commission chose to do so. A motion to enter into closed session pursuant to RSMO 610.021(1) "legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys", was made by Diza Eskridge, seconded by Jim Wedua. The vote was unanimous. The Commission entered into Closed Session at 8:35 p.m. A motion was made by Betty Burch, seconded by Jimmy Karr, to reenter Open Session at 9:30 p.m. The vote was unanimous. A discussion on the timeline for reaching a decision was held. Don Witt stated the Commission would have to make a recommendation to the Board of Aldermen prior to December 13, 1995. Al Tunis inquired as to whether this was the best use of funds with the highest priority of need for the City of Riverside. Mayor Burch responded that negotiations had not ceased with Trillium Corporation and that decision would have to be made when the final limits had been reached. A motion was made by Diza Eskridge, seconded by Jimmy Karr, that the next meeting be held on November 27, 1995, at 7:00 p.m. The vote was unanimous. The Agenda will consist of making a decision on the recommendation to be forwarded to the Board of Aldermen. The meeting adjourned at 9:45 p.m C~~ Ann Daniels, Secretary TIF Commission