HomeMy WebLinkAboutResolution No. 077-11 s 637 1 _
•
RESOLUTION
WHEREAS, the Rochester City Council adopted Resolution #350-04 on July 7, 2004,
which set forth the criteria for establishing a Transportation Improvement District Program
within the City; and
WHEREAS, Resolution #350-04 provides that a Transportation Improvement District
(TID) is to include vacant undeveloped lands within the boundaries established for the TID;
and
WHEREAS, on April 18, 2005, the Rochester City Council enacted Resolution # 157-05
creating the Willow Creek Transportation Improvement District (WCTID); and,
WHEREAS, WCTID included a listing of properties considered at the time to be vacant
and undeveloped; and,
WHEREAS, the DeGeus Tile Property located at 3532 Highway 63 South ("Property")
was included on the list of WCTID vacant and undeveloped properties; and
WHEREAS, the owner of the Property voluntarily executed a Development Agreement
*with the City of Rochester, dated July 21, 2004, and the document was subsequently recorded
by the City on July 29, 2004, and is identified as Document#A-1031958; and,
WHEREAS, the DeGeus Development Agreement states that the property owner
agrees to make WCTID payments for the Property upon the creation of a TID and when such
payments are calculated and become due; and,
WHEREAS, on and before July 21, 2004, (the date of execution of the Development
Agreement) and on and before April 18, 2005, (the date of the City's creation of the WCTID),
the Property was a single parcel consisting of approximately 11.89 acres and included a
commercial building which contained an operating business; and,
WHEREAS, after review of the foregoing facts it has been determined that the Property
was not vacant or undeveloped at the time the City created the WCTID and therefore should
not have been included in the WCTID and, in accordance with City Resolution #157-05,
should not be subject to any WCTID cost allocation, cost, fee, charge or payment.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City of Rochester, based upon the foregoing facts, does hereby remove the .
Property from the WCTID so as to fully comply with the City's Resolution #157-05.
BE IT FURTHER RESOLVED that, in compliance with City Resolution #157-05, the
ONCTID cost allocation, cost, fee, charge or payment for the Property to be calculated pursuant
to Paragraph 9)a) of Development Agreement is $0.
BE IT FURTHER RESOLVED that the City will not involuntarily impose any of the
charges, fees, costs or costs allocations described in the TID program. Instead, any reference
to or mention of any charge, fee, cost or costs allocation occurs solely for the use by potential
developers and City staff in responding to proposed developments involving inadequate public
facilities that might be made adequate by way of voluntary development agreements.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS n-Y D OF �3� , 2011.
/ PRESIDENT OF SAID COMMON COUNCIL
ATTEST: Ci
CLERK
APPROVED THIS DAY OF , 2011.
• MAYOR OF SAID CITY
(Sea[ of the City of
Rochester, Minnesota)
Rest Mesolu.DeGeusTID
i