Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 376-H.F.No. 2213 
                  An act relating to the city of St. Cloud; exempting a 
                  tax increment financing district from certain 
                  restrictions; providing expanded eminent domain 
                  authority. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [ECONOMIC DEVELOPMENT.] 
           Subdivision 1.  [AUTHORIZATION.] The St. Cloud housing and 
        redevelopment authority may establish an economic development 
        tax increment financing district under Minnesota Statutes, 
        sections 469.174 to 469.178, for a major distribution facility 
        for a national mail order sales retailer.  For purposes of this 
        section, a mail order sales retailer means a firm whose business 
        consists primarily of the selling of tangible personal property 
        and services in response to orders received by United States 
        mail or telephone. 
           Subd. 2.  [SPECIAL RULES.] (a) The district established 
        under the authority of subdivision 1 is subject to Minnesota 
        Statutes, sections 469.174 to 469.178, except as provided in 
        this subdivision. 
           (b) Minnesota Statutes, section 273.1399, does not apply. 
           (c) Notwithstanding Minnesota Statutes, section 469.176, 
        subdivision 1, tax increments from the district may be paid to 
        the authority for up to 25 years from the date of the receipt of 
        the first increment. 
           (d) Notwithstanding Minnesota Statutes, section 469.176, 
        subdivision 4, the housing and redevelopment authority may agree 
        to pay revenues derived from tax increments from the district to 
        the owner of the distribution facility to be used for any costs 
        related to the facility including the costs of acquiring, 
        constructing, and equipping the facility and financing costs and 
        interest expenses, as reasonably determined by the authority. 
           (e) Minnesota Statutes, section 469.176, subdivisions 4c 
        and 7, do not apply. 
           (f) A development agreement entered into for the facility 
        under paragraph (c) is not a contract for construction or 
        purchase of equipment, supplies, or materials under Minnesota 
        Statutes, section 469.015 or 471.345. 
           (g) The adjustment to original net tax capacity under 
        Minnesota Statutes, section 469.177, subdivision 1, paragraph 
        (f), does not apply. 
           (h) The tax rate used to determine the amount of revenues 
        from tax increments is the sum of the local tax rates for the 
        taxes payable year, notwithstanding contrary provisions of 
        Minnesota Statutes, section 469.177, subdivisions 1a and 3, 
        limiting increments to the original tax capacity rate. 
           (i) The county board shall approve, by resolution, (1) the 
        tax increment financing plan, (2) amendments to the tax 
        increment financing plan that require notice and a public 
        hearing under Minnesota Statutes, section 469.175, subdivision 
        4, and (3) any modifications, whether an amendment to the tax 
        increment financing plan or otherwise, that change the 
        distribution to or sharing of the revenues derived from 
        increments with the county and school district under Minnesota 
        Statutes, section 469.176, subdivision 2 or otherwise.  If the 
        county board declines to approve the plan, or an amendment or a 
        modification required to be approved under this paragraph, the 
        action is not effective. 
           Subd. 3.  [JOB GUARANTEE.] The authority may not establish 
        a tax increment financing district under subdivision 1 unless 
        the authority has entered into a job guarantee agreement with 
        the owner of the facility.  This agreement shall utilize 
        procedures under the economic recovery grant program established 
        by the department of trade and economic development.  The 
        housing and redevelopment authority shall monitor whether the 
        owner has complied with this requirement, at least annually, for 
        a period not to exceed five years. 
           Subd. 4.  [EMINENT DOMAIN.] The authority may exercise the 
        power of eminent domain under Minnesota Statutes, chapter 117, 
        with respect to property located adjacent to the district, 
        whether inside or outside of the city or the project area, if 
        the authority determines the property to be necessary to provide 
        access to the facility. 
           Subd. 5.  [REPORT TO LEGISLATURE.] The housing and 
        redevelopment authority shall make a written report to the 
        chairs of the committee on taxes of the house of representatives 
        and the committee on taxes and tax laws of the senate by January 
        15, 1996 and within 30 days after expiration of the monitoring 
        of the job guarantee agreement under subdivision 3.  These 
        written reports must list the number of full-time equivalent 
        employment positions added by the owner of the facility in St. 
        Cloud after construction of the facility.  In addition, the 
        reports must indicate whether any of these positions were 
        transferred from other locations in Minnesota. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective upon compliance by the governing 
        body of the city of St. Cloud with Minnesota Statutes, section 
        645.021, subdivision 2. 
           Presented to the governor March 18, 1994 
           Signed by the governor March 22, 1994, 11:43 a.m.