The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #2021-17
Resolution Preliminarily approving a Development Agreement between the City of Monticello and BR3 Development, LLC and scheduling a Public Hearing on the proposed agreement.
WHEREAS, the City of Monticello, Iowa (the “City”), pursuant to and in strict compliance with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Area and Urban Renewal Plan for the Monticello Urban Renewal Area (the “Urban Renewal Area”); and
WHEREAS, this City Council has adopted an ordinance providing for the division of taxes levied on taxable property in various Urban Renewal Areas pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Section 403.19(2) of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and
WHEREAS, the City proposes to enter into a Development Agreement, the “Development Agreement”, with BR3 Development, LLC (the “Developer”) with regard to the construction of a 27,500 sf grocery/retail facility near the intersection of N. Main and E. 1st Street after demolishing existing structures at that locations, and
WHEREAS, the Development Agreement is proposed to include incentives that include tax rebates and TIF Grants payable over a period of years in an amount that will not exceed $835,050 under the authority of Chapter 403 of the Code of Iowa, and
WHEREAS, it is necessary to set a date for a public hearing on the Proposed Development Agreement pursuant to Section 403.9 of the Code of Iowa;
NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Monticello, Iowa, as follows:
Section 1. The City Council, by the approval of this Resolution, shall be deemed to have preliminarily approved the proposed Developer’s Agreement and incentives offered therein, subject to the completion of those tasks and obligations of the Developer set forth therein, and further subject to public comment and input yet to be received by the City Council and to future formal approvals related to the addition of the property on which the development is planned to the Monticello Urban Renewal Area and inclusion of the proposed project within the Urban Renewal Plan.
Section 2. This City Council shall meet on the 1st day of March, 2021, at 6:00 o’clock p.m., at the Monticello Renaissance Center, Community Media Room, in the City, at which time and place proceedings will be instituted and action taken to consider the formal and final approve of the proposed Development Agreement.
Section 3. The City Clerk is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before the date of said meeting in a legal newspaper of general circulation in the City, said notice shall be substantially consistent with the proposed Notice attached hereto, and
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 18th Day of January, 2021.
Brian Wolken, Mayor
Sally Hinrichsen, Monticello City Clerk
NOTICE OF MEETING FOR APPROVAL
OF DEVELOPMENT AGREEMENT WITH
BR3 Development, LLC
The City Council of the City of Monticello, Iowa, will meet at the Monticello Renaissance Center, Community Media Room, Monticello, Iowa, on the 1st day of March, 2021, at 6:00 o’clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the City of Monticello and BR3 Development, LLC with respect to the demolition of existing structures and construction of a new 27,500 sf Grocery/Retailer at the intersection of N. Main and E. 1st Street, generally, at the estimated cost of $6,000,000. The agreement provides for tax rebates and grants over a period of up to 15 years in a total amount not to exceed $835,050 as authorized by Chapter 403 of the Code of Iowa. The Developer has further agreed to a minimum assessment agreement mandating that the improvement be assessed at the minimum value of $1.25 million during the term of the agreement. The Developer has also agreed to donate unused ground to the City, between the developed area and Kitty Creek, to the City for Park and Recreation expansion and/or other permissible City use.
The Agreement to make said grant payments from incremental property tax payments will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the Monticello Urban Renewal Area.
At the meeting, the City Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at said meeting or at an adjournment thereof, take additional action to approve the Development Agreement as written, approve the agreement as amended, or may abandon the proposal.
This notice is given by order of the City Council of Monticello, Iowa, in accordance with Section 403.9 of the Code of Iowa.
Sally Hinrichsen
City Clerk