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1. Tax Increment Financing Districts1 L Cl CITY OF �HANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM ' TO: Kate Aanenson, Planning Director FROM: Todd Gerhardt, Assistant City Manager DATE: March 13, 1996 SUBJ: Tax Increment Financing Presentation Listed below is an outline of my presentation to the `planning Commission on tax increment financing on March 20, 1996. I have also attached a paper that Todd Hoffman completed as a part of his courses at Hamline University. I think Todd's paper gives a good overview of tax increment financing. ' Outline of Presentation on Tax Increment Financing 1. Summary of Types of Tax Increment Financing Districts. 2. Why should a city use Tax Increment Financing? ' 3. Project Example: Entertainment Complex/Redevelopment District. 4. Questions and Answers. a w ..... Attached you will also find:two examples of other cities using tax increment financing —Eden Prairie and Bloomington. Attachments 1. Todd Hoffman's Paper on Minnesota Tancrement Financing 2. Project Example Information 3. Articles about TIF C MINNESOTA TAX IN ik . k C 1 1 1 ANCING By Todd Hoffman Public Fiscal Management, MAPA Course GPA 803, Hamline University `DarrSilomone I _ ' Tax Increment Financing (TIF) was originally authorized by the state legislature in 1947. Its wide spread use, however, did not occur until the late 1970s. TIF allows governmental ' agencies the opportunity to util pp y e property tax revenues for the economic development and redevelopment of certain "districts." These districts may include deteriorating and dilapidated downtowns, areas in need of low to moderate income housing, areas deficient in industrial and �. y h commercial properties, and other special districts. Historically, aid programs such as the US Housing Act of 1949 and the Neighborhood Development Program (NDP) of 1968 provided t k� sources of revenue for financing public redevelopment costs. These programs were abandoned " in 1974 by the White House Office of Management and Budget, in favor of the Housing and Community Development Act. Under this Act, the Community Development Block Grant ' Program (CDBG) was created. Local officials finding the former programs had been more comprehensive and better funded were not pleased with CDBG, and began to look for an alternative. Soon after, TIF became the preferred method for funding redevelopment. Tax Increment Financing is a funding tool which utilizes the increase in assessed value in property taxes attributable to development or redevelopment to fund public and private ' development costs. Allowable expenses must directly or indirectly i P y y the quality of life ' for those residing in the areas affected by the creation of a TIF district. Many cities contain commercial, industrial, or residential areas which are in some stage of deterioration. Businesses, ' 1 n industrial buildings and homes, and the infrastructure necessary to serve them become outdated, start to fall apart, and eventually succumb to use or misuse. The private sector, in many instances, is not willing to burden themselves with the rising costs of operating under these conditions. Often, the private sector will look to vacant land found in the surrounding outlying areas to build their next "home." In the business world, this may be good policy, but it strangles many communities, leaving them with the skeletons of a once vibrant community. Policy makers t...... concerned with this dilemma surmised that public assistance would be necessary to curb this dilemma. The costs of acquiring land, relocating tenants and owners, and clearing blighted areas would have to be eliminated or substantially reduced for the private sector developer. Minnesota tax increment financing, in its current form, was adopted on August 1, 1979, and with the exceptions contained in State Statutes, Section 469.179' of the Act applies only to tax increment districts for which certification was requested on or after August 1, 1979. The Act has been amended every year since 1979, with the most significant changes occurring as a result of the 1988, 1989 and 1990 amendments. By definition, "Tax increment is the difference in the assessed valuation and tax revenues generated by the property in a district after new construction has occurred compared with the assessed valuation and tax revenues generated by the property before new construction. " Tax increment financing can be applied to a variety of physical locations or districts. Prior to naming a district, a project area which is contiguous must be ' Minnesota Statutes. Section 469.179 Existing Projects, Subdivision 1, Exemption. The provisions of Sections 469.174 to 469.178 shall not affect any project for which tax increment certification was requested pursuant to law prior to August 1, 1979, 1990, p. 9655 2 "Tax Increment Financing ", Department of Energy and Economic Development, Community Development Division in Cooperation with League of Minnesota Cities, May 1984, p. 1. 7 -, defined. Upon definition, one or more T'IF districts may be established in any one project area. One of five types of local governing authorities may create project areas and TTF districts: 1) Housing and Redevelopment Authorities (HRAs), 2) Rural Development Finance Authorities, 3) Port Authorities, 4) municipalities (State Statutes Chapter 472A), and 5) municipalities or other redevelopment agencies (Chapter 474). The project area must meet the criteria of one of seven types of districts: 1. Redevelopment Districts: A distric which the authorizing agency finds one of the J following conditions exist: a. Buildings, streets, utilities, and other improvements occupy 70% of the district area, and more than 50% of the buildings, excluding out buildings, are structurally substandard to a degree requiring substantial renovation or clearance; or b. Property consists of vacant, unused, underused, and inappropriately used, or infrequently used rail yards, rail storage facilities, or excessive or vacated rail right -of -way. 2. Renewal and Renovation Districts: A type of district consisting of a project in which 70% of the area of the district is occupied by buildings, streets, utilities, or other improvements of which at least 20% are structurally substandard, and 30% of the remaining buildings require renovation or clearance to address inadequate design; incompatible land use relationships; overcrowding; obsolete buildings; and other identified hazards to the health, safety and general well being of a community. 3 3. Housing District: An area intended for occupancy in part by persons or families of low and moderate income as defined in State Statutes Chapter 462A, Title 2 of the National Housing Act of 1934, and other subsequent related acts. A project does not qualify under this subdivision if the fair market value of the improvements which are constructed for commercial use or other uses other than low and moderate income housing, consists of more than 20% of the total fair market value of the planned improvements. 4. Economic Development District: A district not meeting the definitions of any of the other four districts, but which the authority finds to be in the public interest because: a. It will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; or b. It will result in increased employment in the state; or C. It will result in preservation and enhancement of the tax base of the state. 5. Mined Underground Snace Development: This is a district consisting of a project for the development or redevelopment of mined underground spaces pursuant to State Statute Sections 469.135 to 469.141. 6. Soils Condition District: A Soils Condition District consists of a project in which the authority finds the following conditions to exist: a. Less than 70% of the district is occupied by buildings, streets, utilities, or other improvements; and unusual terrain or soil conditions require that s Minnesota Statutes, Chapter 462A, Housing Financing Agency, 1990, pp. 9428 -9464. 4 substantial filling, grading, or other physical preparations be made to 80% of the district; and b. If the district is located in the metropolitan area, its development must be consistent with the municipality's Land Use Plan, and no parcel shall be included in the district unless the authority has agreements for development of at least 50% of the district. 7. Hazardous Substance Sites: This means any parcel or parcels of land in which the sponsoring authority has entered into an agreement for the removal actions or remedial actions of a hazardous substance as specified in a development response action plan. DURATION OF DISTRICTS State statutes limit the duration of the various districts, limiting the number of years any increment can be paid to a redevelopment, mined underground space, housing, or hazardous substance district to 25 years. Soils Condition Districts are limited to 12 years, and Economic Development Districts are limited to 8 years from the first date of receipt of increment or ten years from the approval of the TIF Plan, whichever is less. Economic Development Districts are intended to be a short-term catalyst to spur on private development, whereas, redevelopment, housing, mining, and hazardous substance districts are long term commitments taken on by the public sector. Districts created before August 1, 1979, are considered a separate category, and may have a duration of up to 30 years. The early 1980s saw a proliferation of TIF districts driven by the slow economy and subsequent withdrawal of the federal government from local development initiatives. In 1980, S there were 81 cities using TIF compared with only 4 cities who were generating tax increments in 1974. Today, nearly 300 Minnesota cities have boarded the TIF train; de = There has been a rapid decline in a formation of new districts since 1985. The effect of which may be a sharp decrease in the growth of tax increment captured in the near future. Increment tax payable in 1989 was $186.1 million - -a 20.56% growth over captured tax payable in 1988. The chart below shows this as the smallest growth factor for increment taxes in over 10 years. Growth topped out in the years 1980 -81, with a 98.9% increase. Percent Growth in Captured Tax 100 °,� - , 90% 800 . 70 °!0 ...... 60 °!° 50% 40 % \ 20% 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 :..t The current distribution of TIF districts by classification is: Distribution by Type of District 50% illllllll 527 lll�liiiiiii■ 40% 30% 20% 10% 0% 9 CWIMIUC mousing Mined Underground Redevelopment Redevelopment/ Development Space Housing 1 Soil i 1 1 1�. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L C i n There are currently 985 TIF districts in Minnesota. One hundred seventeen (117) of which are pre -1979, and must be decertified by the year 2009. Of the remaining districts, approximately 553 redevelopment districts and 109 post -1984 Economic Development Districts will also be decertified by 2009. Together these districts represent 2/3 of the current existing TIF districts. This, combined with the current rapid decline in formation of TIF districts will result in future increment revenues diminishing rapidly around the turn of the century. Which some analysts contend will be good medicine for a bad case of over indulgence. TIF has always had critics which, in part due to their scrutiny, has resulted in many amendments to the 1979 Act. Questions on the merits and pitfalls of TIF have certainly fueled many debates over the years; however, these debates have never led to TIF's demise. Do TIF districts result in higher local tax rates and therefore higher taxes on all properties? TIF districts do reduce city, county, and school district property tax base values, but the affects of fiscal disparities and aid to schools often off -set these reductions. State aids and credits to local governments commonly increase as a result of TIF. Competition among municipalities in the area of economic development is fierce in our state. The TIF "buck" has to come from somewhere, but the way most cities think, it's better to get your hand in the pot before the bucks are all gone. If a city has the opportunity to use TIF, but chooses not to participate, on the 1 c A ll premise that the program is wrong, they may be called meritorious, but probably not intelligent. .t TIF has been taken to task over the years, resulting in a plethora of regulations and stipulations ,, being tagged or . Act to remedy the ills with which it was born. Theoretically, public intervention in private development is based on the premise that the development will serve some public good, and that th development and thus public g ood would not have occurred without intervention. Critics point out that TIF has been used for development that would have occurred anyway. Would the public have realized a greater benefit if the money had been spent on other services such as health care and education? Additionally, claims have been made that certain districts are not meeting the goals for which they were established. I hold the belief that if we ` were all to wait for fault -free programs before becoming involved, life would be eternal. The operation of a state is a complex business. Apply an single act or pro gram PP Y Y g p gram to the diverse VA conditions which it will meet in practice and a few bumps and bruises are going to result. Rather 1 than sitting on hands, I think one must run, walk, or crawl, whichever applies, forward. Legislation enacted by the state allows that only certain "authorities" as previously described, establish and maintain TIF districts. Objectives such as increased employment opportunities, improving the economy of the state, encouraging development in areas not being used to their k potential, and providing for additional infrastructure must be met. A public purpose must be N` - :� found in adopting a TIF plan. Additionally, to ensure that the purposes of these districts are met, the state imposes many statutes in regard to TIF, some of the most notable are: Section 469.176 Subdivision 4. Use of Tax Increment. All revenues derived f ro m districts shall be used in accordance with the �� •� � ,t� �� TIF di tax increment n'' financing plan. vL i Section 469.176. Subdivision 2. Excess Tax Increment In any year in which tax increment exceeds the amount necessary to pay costs authorized by the TIF plan, the city shall use the excess amount to do any of the following: 1) prepay any outstanding bonds, 2) discharge the pledge of tax increment therefore, 3) pay into an escrow account dedicated to the payment of bonds, or 4) return the excess amount to the County Auditor, 1 . - .. I 1 � , who shall distribute the excess amount to the city, the count and the school tY Y, oo district in direct ' proportion to their respective tax capacity rates. Section 469.176. Subdivision 3, Limitation on Administrative Expenses ' Administrative expenses are limited to 1 P 0% of the total tax increment expenditures. Section 469.175. Estimate of Captured Tax Capacity ' The authority must estimate the amount of captured tax which the district will collect, and demonstrate this amount will be necessary to finance the public expenditures called for in a ' district. An estimated impact on other taxing jurisdictions showing the "estimated tax loss" must ' also be rendered. Section 469.175. Subdivision 6. Annual Financial Report ' An annual financial report for each district must be filed by July 1 of each year with the ' school board, the county board and the state auditor. The report shall include: 1) the original tax capacity of the TIF district; 2) the captured tax capacity of the TIF district, including the ' amounts being shared with other districts; 3) the outstanding principal amount of bonds issued or other loans incurred to finance projects in the district; 4) the amount budgeted under the TIF plan and the actual amount expended; 5) for property sold to developers, the total cost of the property to the city and the price paid by the developer; and 6 the amount of tax exempt P ) pt obligations which were issued on behalf of private entities for facilities located in the TIF district. In addition, the city must report annually by March 1 to the Minnesota Commissioner of Revenue,,.,,,. Zhe complexity and detail of these .statutes is one reason the League of Minnesota 9 . Cities recommends, "Cities or HRAs should not undertake this method of financing community development projects without the advice of an attorney and professional consultants. " Legislation enacted in 1988, 1989, and 1990 demonstrates that even with these detailed restrictions and reporting requirements, the state further wishes to restrict the TIF concept. These restrictions apply only to districts created after the effective dates of the legislation, and generally said things such as: Ninety percent (90 %) of the increments generated must be used to correct conditions used to designate the TIF District. Two- thirds (2/3) of the market value of a housing district must consist of low and moderate income housing. Increments from Soil Condition Districts may be used only to pay costs of correcting soil and terrain difficulties. In the Twin Cities metropolitan area, increments for Economic Development Districts may not be used to subsidize developments consisting of 25% or more of retail food or beverage, automobile sales or service, or recreational facilities. - Mined Underground Space Districts may only use increments to pay the cost of excavating, supporting and providing public access to mined underground space. Hazardous Substance Districts may only use increments for the cost of clearing up hazardous substance pollution, and related activities such as testing and legal costs. More specifically: ° Handbook for Minnesota Cities, Community Development and Redevelopment, Tax Increment Financing, p. 247 -248, 1990 Supplement. 10 The 1988 Amendments As stated earlier, the 1979 TIF Act generally does not apply to the pre -1979 districts. However, these districts were subjected to a duration date of 2009, thirty years after the effective date of the 1979 Act. In 1988, the legislature further restricted the life of the pre- 1979s. The maximum duration of a district continues to be 2009, however, after the year 2001, increments could only be used to pay the debt service on bonds issued before April 1, 1990. The two year window between 1989 and 1990 was granted to allow those authorities in need of extra time a chance to administer any housekeeping necessary in their financing plan. The legislation does allow an authority to refinance existing debt which could have been paid off by 2001, effectively extending the life of the district. The 1989 Amendments During the 1989 special session, amendments again meant substantial changes for districts requesting certification on or after October 10, 1989. The amendments included changes in the requirements for creation of economic redevelopment districts, reduced the expenditures allowed in a housing district, reduced some duration limits, applied additional administrative expense limitations, and added new provisions regarding violations and penalties. The 1990 Amendments The 1990 tax bill severely reduced tax increment financing aid payments. Nicknamed the "dilemma of 1990," reduction amendments concerning LGA/HACA were the most economically harsh to date. Mr. Joel Michael, Legal Services Coordinator, for the House Research Department points out, "Section 1 provides that local government aid (LGA) and homestead and agricultural credit aid (HACA) payments will be reduced by all or a portion of tax increment financing aid 11 being received."' Cities /counties can no longer have their cake and eat it too. The amount deducted from LGA or HACA will increase the levy authority of the city or county. The amount of revenue available to the governmental subdivision will not be affected, but the proportion received from aid versus property tax will change. In addition, the law prohibits the use of increments for financing the cost of general municipal buildings or to avoid the limitations on property tax levies. Increments may not be used for the costs of general government, although 10% may be used for administrative expenses. The new regulations, coupled with a relatively flat development market have put the lid on the establishment of new TIF districts. Speculative development which resulted in rapid growth in the 1980s is no longer safe, and some types of developments for which TIF can be used is now over - developed. Is the result of the Minnesota Tax Increment Financing Act an increased tax base that will benefit all Minnesotans? Under a successful program, many would offer a "yes" to that question. Critics, however, will continue to argue that development would have occurred without the intervention of TIF, contending TIF affects only the location of development, not the total amount. I believe that both these positions can be substantiated. However,.the decision must V still be made, sit on your hands or join the TIF "game." r S Joel Michael, Legal Services Coordinator, Research Department, Minnesota House of Representatives. 12 0 0 X- a -4- 0 zi I C� Vj �3 4 0 0 4- 1e4oqeuujv4 - u ... 1.40 - url ( I aduispuu-1 gzueo JUGLUU104J94u3 L MWW40 lu d ate , L-Ai ZZ O D OAJI'%F. 14 � I � f' -'�5? 4 s 4C 4b 6 77 LZ I I I I i 11 I I I I I I I I I I szosou LILJ UIN 'UOGSBBII H Jejugo 4UqLUUmjJqzua U8888LIUSL P, f <01;1--- < I IlY KD \ IP i 4 f A li 6 p I ultAl 'UseseLlu U140 eloseu P: � 4uqLUUlS4.jq4ua U j t ls! e . I . I I Fj YE — ail I �k �� �.�. ti y}���.14�3 Al l I Fj YE Z ia 91 RJOGOLxj*N ---LIUSLIO Jo4u9c) 4UqLUU11qjjq4u3 UessequIRLIC) dn7l� I AI.At fl za I F! L e i � - j 0 0 • Q INSURANCE Protected from discrimination Victims of domestic abuse will be protected from discrimination / by insurance companies under a signed new state law. by the gove,nor Effective Aug. 1, 1996, the law Will prohibit insurance compa- nies from using domestic abuse as a negative underwriting factor for life or health insur- ance. Such discrimination is occurring, House sponsor Rep. Dee Long (DFL -Mpls) has said, and that sends the wrong message to abuse victims. In most circles, abuse victims are encour- aged to speak out and to seek help. Insurance companies, however, are sending a message that abuse victims should stay silent or face consideration as a high risk and denial of coverage. The proposal was sponsored in the Senate by Sen. Deanna Wiener (DFL- Eagan). HF2344/SF1815 */CH278 N LAW Unnecessary laws repealed Laws regulating the state's non - existent ferry boat industry would be scratched from the books under a bill passed by the House March 1. The vote was 131 -0. The bill (HF2377) would repeal a diverse mix of obsolete, and in some cases arcane, laws ranging from outdated directives to state agencies to provisions regarding long -un- funded programs. Under the proposal, more than 250 provi- sions in current law — largely technical and inconsequential ones — would be deleted from the books. Bill sponsor Mike Delmont (DFL- Lexing- ton) said the goal is to "clear out anything that is no longer needed." Co- sponsor RonAbrams (R- Minnetonka) said the bill would get rid of "a lot of dead wood" in state law. Eliminated would be 70- year -old sections of law regulating the state's ferry boat indus- try, which apparently disappeared entirely after the 1958 completion of the Baudette- Rainy River Bridge. Dashed would be measures, enacted in 1969, that set requirements for contracts for social skills instruction and contracts for patrons of dance halls or studios. The mea- sure forbids any such contracts exceeding $500 in an apparent effort to protect con- sumers from unseemly dance teachers. And nixed would be a 1937 provision giving the University of Minnesota permis- sion to establish a law enforcement school. The U of M has yet to set up such a school and wouldn't need statutory permission to do so, anyway. Delmont and Abrams said the bill was drafted to avoid controversy. Provisions that created any controversy were removed from the bill in committee and on the House floor. One such provision would have lifted a ban on picking the state flower. An earlier version of the bill would have dropped a prohibition on the gathering of certain wildflowers, including Minnesota's state flower, the showy lady slipper. Current law makes it a misdemeanor to dig, cut, or pull the wildflowers from public land and, except under specific circumstances, from private land. The law, however well - intentioned, has not been actively enforced. Delmont said he received notice from hor- ticulturists and others opposed to the repeal of the wildflower law so it was dropped from the bill. TX 0 1 �EYTS1,r1�A U U Two-year -old Dominic Servent of Winon� attended a welfare rights rally with about 10[ others March 7 in the Capitol rotunda. Th: rally, sponsored by the Welfare Right Committee, was designed to send a stron. message to legislators, demanding an end tc attacks on the poor. 1 HF2377 now goes to the Senate. ' (See Jan. 26,1996, Session Weekly, page 12) N LOCAL GOVERNMENT I Pay up or no permit i � Effective Aug. 1, 1996, anyone who seeks a city permit to re- / model a home or business must signed first prove all outstanding taxes, by the 9-e,nw penalties, or interest on the prop- - erty have been paid under a new law. The law is designed to help local govern- ments collect unpaid dues and fines. The law allows town and county boards to require applicants for permits to certify that all prop- erty and/or special assessment district taxes, penalties, and interest due are paid. Local governments would not be required to adopt the regulation. Property owners who are appealing a tax levy or penalty are exempt from the new law. Rep. Dee Long (DFL -Mpls) and Sen. Jim Vickerman (DFL- Tracy) sponsored the mea- sure. HF23 5 5 */S F 1964/C H282 u ■ iu gwiK I TAXES Megamall TIF changes A bill that would establish a tax increment financing district on one of the Upper Midwest's most valuable pieces of land passed the House Taxes Committee March 6. Under Minnesota law, cities can offer tax breaks to companies to help create jobs in their communities. In exchange for creating jobs, a city can agree to forego property taxes on a business for a set number of years. Proponents say these tax increment fi- nancing (TIF) district arrangements place businesses — and j obs — in Minnesota cities that would otherwise build elsewhere. HF3012,sponsored by Rep. Dee Long (DFL - Mpls), aims to redirect the expansion of the Mall of America in order to save the Metropolitan Airports Commission and the city of Bloomington money in the event the Minneapolis -St. Paul International Airport builds a new runway. The bill would authorize the city of Bloom- ington to transfer a nine - year -old TIF district east of the mall to the north side of the mall. The new area is the former site of Met Center, and because of its close proximity to the mall and the airport, is one of the most lucrative March 8 1995 / CF¢¢inK, %Aiceviv. n Committee. ort from a form of recreation to a major 10 SESSION WEEKLY March 8, 1996 part of the state's tourism industry. That popularity has caused funding shortfalls, House sponsor Rep. Kris Hasskamp (DFL - Crosby- Ironton) has said. The law also requires the Department of Natural Resources to prepare a report that contains a plan for using at least 65 percent of all money from the snowmobile trails and enforcement account for snowmobile grants - in -aid, beginning in fiscal year 1998. In addi- tion, the report must contain recommenda- tions for additional funding sources for snow- mobile grants, which would provide funding to local snowmobile clubs to develop and maintain trails. The proposal was sponsored in the Senate by Sen. Doug Johnson (DFL- Cook). HF3125/SF2802 */CH293 TRANSPORTATION Omnibus transportation bill The House passed a $50.3 million trans- portation bill Feb. 29 that would spend more on highway repair than Gov. Arne Carlson recommended but would not provide the additional state troopers he sought. The bill (HF3137/SF2702 *), sponsored by Rep. Bernie Lieder (DFL- Crookston), would provide $43.1 million to Department of Transportation for road construction, maintenance, and project engineering. Carlson recommended spending $4.5 mil- lion less for highway projects. Under the bill, the transportation depart- ment appropriation also would provide $1 million to bolster public transit in greater Minnesota, $100,000 for repair of the his- toric Stone Arch Bridge in Minneapolis, and $100,000 for driver education programs at the St. Cloud State University highway safety center. None of those items were included in the governor's budget recommendations. The governor asked for funds earmarked for hiring more state troopers to be included in a $4.8 million appropriation to the Depart- ment of Public Safety. The House bill includes only enough money to hire four additional state patrol dispatch- ers. The measure would provide $150,000 for the new positions in a $1.3 million appro- priation to the department. Carlson wanted 46 new troopers to beef up law enforcement efforts on state highways, to improve Capitol security, and to staff his proposed high -crime area sweep programs. During debate on the House floor, Minority Leader Rep. Steve Sviggum (R- • •) 6 pieces of real estate in the Upper Midwest. Omnibus bill The reasoning is that mall expansion — which is required under the mall's contract Provisions of the omnibus tax bill published in the with the city of Bloomington — would occur March 1, 1996, Session Weekly, should have wherever the TIF district exists. read as follows: The major impetus behind redirecting de- Northwest Airlines would get a tax break velopment with a TIF transfer is the possibil- eginning in 1998 under a provision that ity of the nearby airport's expansion. In the xempts some "leased movable property" absence of a newly constructed airport, the rom Minnesota taxes. current one would likely expand with a new The provision, part of the omnibus tax bill north -south runway. A federal law which 'HF3249) which passed the House March 7 requires runways to include "safety exclusion on a 104 -29 vote, modifies how leased mov- zones" would mean the mall's proposed de- able property is treated in determining busi- velopment on the east would have to be ness income for corporate income tax pur- razed. Despite the likelihood of federal aid to assist with such a demolition, the airport's poses. Currently, receipts from the leasing of acquisition of the land on the east of the mall movable property such as airplanes, automo- after development could cost the commis- biles, or railroad cars are accounted for in the sion and the city of Bloomington a lot of state where the lessee is based. Under the money. By redirecting mall expansion, which must provision, such receipts would be accounted occur in the next couple of years, the bill would for in the state where the property is used. allow for a potential north -south runway with- The provision would cost the state $3.6 out the problems and costs of acquiring the million in tax revenue in the next biennium. land and destroying part of the mall. Also under HF3249, cities and towns could The TIF transfer also would allow the state either increase or decrease their share of state to undo what Rep. Ron Abrams (R- aid by setting performance goals. Rep. Andy Minnetonka) called one of the top TIF blun- Dawkins' (DFL -St. Paul) measure would re- "performance ders in state history. quire that cities establish mea- The current TIF district to the east of the sures" in order to get aid from a newly estab- lished "performance aid" fund. The measure mall— originally called the Kelly farm site— was established in 1986 through a loophole aims to increase the accountability of local of sorts, when rules governing such redevel- governments by requiring cities and towns to opment areas were much looser. The valu- adopt goals and work toward them. The current homestead and agricultural able land, which today would not qualify for credit aid (HACA) program would be modi- TIF under the Legislature's stricter regula- fied to create the performance aid fund. Cur - tions, became a redevelopment district be- rently, cities and counties receive $2 per cause one run -down building on the prop- capita from HACA. Under Dawkins' mea- erty met the requirements for such districts. sure, HACA payments to cities and counties Subsequently, the state has paid millions in would be reduced by $1 per capita and school aid dollars that would have been col- would be adjusted for inflation. The measure lected by the school district in property tax would cost $2.1 million in the next bien- revenue had it not been for the TIF district. The Legislature has since made changes to nium. TIF laws which would prevent a such a TIF designation from reoccurring. Long's bill comes with a degree of urgency TOURISM because the Metropolitan Sports Facilities Commission has indicated they want to sell Improved snowmobile trails the Met Center property soon. If the land is sold to a company other than the mall, the A new law, effective March 2, mall would probably have to expand on the 1996, marks $600,000 in emer- land to its east. gency funding for snowmobile HF3012 also includes changes to the way Signed trails. the Metropolitan Council makes loans and g o The law provides emergency transfers money from the right -of -way acqui- funding for trail maintenance and sition loan fund (RALF). The bill also in- s fety efforts. The money will come from the cludes a provision to allow the Metropolitan owmobile trails and enforcement account Council to issue general obligation bonds to i the state natural resources fund, according acquire land for airport expansion. the legislation. The bill now goes to the Ways and Means e boom in snowmobiling has elevated Committee. ort from a form of recreation to a major 10 SESSION WEEKLY March 8, 1996 part of the state's tourism industry. That popularity has caused funding shortfalls, House sponsor Rep. Kris Hasskamp (DFL - Crosby- Ironton) has said. The law also requires the Department of Natural Resources to prepare a report that contains a plan for using at least 65 percent of all money from the snowmobile trails and enforcement account for snowmobile grants - in -aid, beginning in fiscal year 1998. In addi- tion, the report must contain recommenda- tions for additional funding sources for snow- mobile grants, which would provide funding to local snowmobile clubs to develop and maintain trails. The proposal was sponsored in the Senate by Sen. Doug Johnson (DFL- Cook). HF3125/SF2802 */CH293 TRANSPORTATION Omnibus transportation bill The House passed a $50.3 million trans- portation bill Feb. 29 that would spend more on highway repair than Gov. Arne Carlson recommended but would not provide the additional state troopers he sought. The bill (HF3137/SF2702 *), sponsored by Rep. Bernie Lieder (DFL- Crookston), would provide $43.1 million to Department of Transportation for road construction, maintenance, and project engineering. Carlson recommended spending $4.5 mil- lion less for highway projects. Under the bill, the transportation depart- ment appropriation also would provide $1 million to bolster public transit in greater Minnesota, $100,000 for repair of the his- toric Stone Arch Bridge in Minneapolis, and $100,000 for driver education programs at the St. Cloud State University highway safety center. None of those items were included in the governor's budget recommendations. The governor asked for funds earmarked for hiring more state troopers to be included in a $4.8 million appropriation to the Depart- ment of Public Safety. The House bill includes only enough money to hire four additional state patrol dispatch- ers. The measure would provide $150,000 for the new positions in a $1.3 million appro- priation to the department. Carlson wanted 46 new troopers to beef up law enforcement efforts on state highways, to improve Capitol security, and to staff his proposed high -crime area sweep programs. During debate on the House floor, Minority Leader Rep. Steve Sviggum (R- • •) 6 o " ^ y a 0 O � o K E- 0, c s 7 N w o d w R O � V�DI m O C, y R. O O Vl N Q A a o0 CD G) o ° = w �: CD o c �. o c o C 5 c CD fro n rn v, c �e Jam. 0 a •, w 5q 0. a • �'' Q o ° c�a G00 CD ° y O t9 N c ; � o bA ° S ao fl :< o' o f CD B b m c 0 0 y co O ;? n `< MCDN O w o a El . m ti k ^ N O ,O � � t9 Jr" n H ti ce C ~ ° w 0 w o a .. y ;• ° °; 0 0-90 I= v� '�■ c ^P' FoR5* W ...E• w C =. 0 p A a �e co a w '= ry O M,C 7 O S 00 w CD 5 WG�GN fD 1 l9 ry `�'n " '� � 0 Oq . O 1 o x W Co 1 Z— A � 5- j r i W S-O =00 DODZA ;b 11 sf >(In1 II � DOD(l��O:: � cnccnsoo,: 11 Vnr — cnl - - ;t• CJ C7 n I. m� D�. Z o 1 O C b9 O ►+ poA I 3 V1 \ --r te Z � O 1 I .p p o 1 �n D COI Vt � �rl W o N O C b9 O 14 ITI 1{ :r I i .p p o 1 ra n o� 00 n �rl w o N O C b9 O netonka, is located in the y a subsidiary of ed HealthCare Corp., SmithKline Beecham idelphia, in 1994. _ med chief operating hies], named division benefit management from Medintell. Thomas president of institu- rvices, came from ealthSystem Minnesota was named division cal trades. Michurski ore joining ValueRx as a ree years ago. Stephen i. d senior vice president s also worked for ears. f l PS to join ValueRx senior vice president ichael Flagstad, chief d Steven Peterson, vice f arketing. esota may be such a is the heavy penetra- re. F efit managers are a i o the growth of man - t en, a spokesman for dcal Research and oItion (PhRMA); based ■ t patent Iff sui t neTas defendants in other Ilinckrodt Group Inc., St. i es Inc., Orchard Park, amics Inc., Marshall, Anesthesia & Critical Care and London -based P and three of its U.S. still in discovery , according m n a attorney represent - haxter suit. Augustine is n of its suits. he could not be specific It f damages Augustine n suit against Baxter. But i ome cases, patent law older to recover the profits ldEwould have received if infringer, had sold the ■ John Sundet, Sled Dogs' president and CEO since 1993, declined to provide details of the acquisition search, but'described it as p a rt of the company's long -term strategy._' . "Our objective has been to create a diver- sified sporting goods company, ",Sundet said from the Ski, Snowboard and Outdoor Sports Show in Las Vegas. "We've developed some real core competencies in sports building and brand building that we'd like to leverage." For the moment, though, Sled Dogs' sole business is snow skates and related acces- sories.. Snow skates look like regular ski boots, but have a flat, ski -like base attached to the bottom. - ' Sundet and chief operating officer Mary Horwath are both former executives at Minnetonka -based Rollerblade Inc., and they have tried to replicate that company's success in launching a new sports craze. For the past few years, the company has aimed its aggres- sive marketing at in -line skaters, especially males in their teens and early 20s; company CENTER from page "We would love to bring a Dayton's to Eden Prairie, provided we can find the right economic package," she said. Stark said Dayton Hudson had previously given Chicago -based Homart Development Co., the mall's previous owner, a list of requirements the retailer would need in order to move into the center. Those requirements, which she would not disclose, still stand, she said. General Growth officials declined com- ment. "Right now, we're not prepared to dis- cuss it. We will within the next couple of weeks," said Randy Richardson, senior vice president of asset management. Chris Enger, Eden Prairie assistant city manager, said plans call for converting the mall's existing Sears Roebuck & Co. store into additional retail space for the mall, then building a replacement Sears store and a new department anchor that would be attached to the existing site. Other proposed improvements include building a new parking ramp, renovating the mall's food court and movie theater and adding a "community space" the city could use for events like art exhibits. Enger said General Growth officials would like to begin construction in October and to have the pro- ject completed by fall 1998. City officials have long sought additional anchor tenants for the 861,000- square -foot mall, and have specifically lobbied for a Dayton's. Their efforts were rebuffed last year when Dayton Hudson instead_ announced plans to expand into Maplewood, the compa- ny's first new store since 1978. That store is scheduled to open next year. The city has also pursued Seattle -based Poor snow conditions earlier tuts winter in; _ California — a big in -line skating market that Sled Dogs views as one of its key markets — also hampered sales, Horwath said. Part of the reason Sled Dogs has been slow to take off, observers say, is that the original snow skates were' too limited. They weren't , very fast or maneuverable, and they worked best on downhill runs and packed powder. And at least some of the young males in Sled Dogs' target market have adopted snowboard- ing — the fastest - growing 'segment of the sporting goods industry. Sled Dogs has responded by revamping its four skate models, adding metal edges and new base materials that make the skates faster and more maneuverable. At Afton Alps Ski Area in Hastings, Lynn Bourdaghs, departmental manager, said more people have tried snow skating this season than in the past, and that interest has been building, albeit "very, very slowly." "The only [snow skates] we see on the Nordstrom Inc., a Dayton's competitor with a local store at Mall of America, but Nordstrom officials say they haven't had discussions with General Growth or the city about the site for several months. Built in 1976, Eden Prairie Center was conceived as a regional mall, designed to compete with major centers like Ridgedale in Minnetonka and Southdale in Edina. But the center has never been able to land the higher -end retailers those centers boast. Last year, the center's Carson Pirie Scott store was purchased by Dayton Hudson and replaced with Mervyn's, Dayton Hudson's struggling midrange store. Other major ten- ants at the center include Kohl's Department Store. Enger said the lack of higher -end retailers has prompted consumers from the affluent, rapidly growing city to spend their money somewhere else. The city estimates that Eden Prairie residents spend $40 million annually just at Southdale, which boasts a Dayton's. The proposed overhaul would help keep those dollars in the city, he said, and would also draw consumers from burgeoning com- munities to the west like Chaska and Chanhassen. Enger said city officials estimate that the renovation would add $42 million to the center's $17 million market value. "The mall has a lot of space languishing there," he said. "I don't think anything good or meaningful there is going to happen left on its own, and I think that's the greater risk [than investing in a renovation]." Eden Prairie would set up a 17 -year TIF district to fund its contribution to the center, Enger said, and would ask General Growth to guarantee the city's investment. A TIF district redirects money that normally would go for property taxes to fund project improvements. Dayton Hudson has 19 Dayton's stores, 12 of them in Minnesota. ■ slopes are the ones With a major v for this fall, Sundet ly be ready to take "It's taken us tl right and the distril expectation is that ing next season." 15 Mar 22 Mar 29 Mar 5 Apri _ 12 Apri 19 Apri 26 Apr, 3 Mai 10 . Ma3 PR Put your corn Top 25 list. h also an ideal To learn u C 0 L L C t 0 CITY OF � SANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Planning Commission FROM: Todd Hoffman, Park & Recreation Director DATE: March 14, 1996 SUBJ: Land Acquisition Funding Sources The following overview identifies the most widely recognized financial tools available for land acquisition within the city. Park Dedication Ordinance: The city can, at its discretion, acquire either land or cash in an amount equal to the value of said land from every subdivision approved by the city. Property zoned residential is subject to a dedication of one acre of land for every 75 persons introduced to the community (3 persons /single family home or 1 person/bedroom for multi- family). Property zoned commercial/industrial is subject to a dedication of up to 10% of developable land. Cash equivalent park fees in lieu of land dedication are established annually by city council resolution. Accounts for approximately 30% of current holdings. Purchase by Referendum: Past parkland referendums have resulted in the acquisition of the first and largest landholdings at Lake Ann Park and the purchase of the Bandimere' Community Parkland. Accounts for approximately 20% of current holdings. Acquisitions Within Tax Increment Financing Districts: Parkland holding within the Chanhassen Business Center and at the Chanhassen Recreation Center have been financed with tax increment proceeds. Accounts for approximately 10% of current holdings. Planning Commission March 14, 1996 Page 2 Grants: Grants, predominantly LAWCON and LCMR, were instrumental in securing South Lotus Lake Park, North Lotus Lake parkland, and portions of Lake Ann Park. This pipeline of funds, after flowing freely in the late 70's and 80's, has dried up to a trickle. Accounts for approximately 10% of current holdings. Donations: Herman Field Neighborhood Park and the O'Shaughnessy open space property have been received through tax deductible donations. Accounts for approximately 10% of current holdings. Cash Purchase with Park & Trail Acquisition and Development Funds (410): Cash acquired from park and trail fees are deposited into this capital project fund. Recent acquisitions financed by Fund 410 include the Forest Meadow (JMS Homes) parkland on Galpin Boulevard and The Oaks at Minnewashta parkland at the intersection of Minnewashta Parkway and Kings Road. Total properties acquired through these cash sale was approximately 12 acres costing $30,000 per acre. Accounts for 20% of current holdings. General Fund: A sacred cow which the commission attempts to tap into every year. To date, they have been unsuccessful in securing general funds for land acquisition projects. Accounts for 0% of current holdings. t I MEMORANDUM CITY OF � 8AN8ASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' TO: Park and Recreation Commission FROM: Jay Kronick, Chair, 1995 Park Task Force ' Jane Quilling, Vice - Chair, 1995 Park Task Force Todd Hoffman, Secretary, 1995 Park Task Force ' DATE: August 2, 1995 SUBJ: Preliminary Findings and Recommendations of the 1995 Park Task Force ' The 1995 Park Task Force received its full compliment of members on June 26, 1995. Since that date, three regular meetings of the Task Force has been held. Members also participated in a tour of potential project and acquisition sites. ' The Task Force, upon completing introductory exercises, has begun to focus on its work. Background material compiled during the past 12 months has assisted the Task Force. These ' materials represent the "referendum" work completed to date by both the Park & Recreation Commission and City Council. Like the commission and council, the Task Force has focused their attention on three issues: ' 1. The acquisition of open lands. 2. The construction of multi - purpose trails. 3. The development of Bandimere Community Parkland. The acquisition of open lands is further defined by the following descriptions: ' a. Preservation of the Bluff Creek Corridor. b. Preservation of wooded lands. ' C. Acquisition of land for use as future community park(s). The deliberations of the Task Force revolve around a general premise: ' The City must remain an active force in the development of our community. 0 U 3 Park & Recreation Commission ' August 2, 1995 Page 2 ' To that end, the 1995 Park Task Force is proposing to forward the following preliminary recommendations to the Chanhassen City Council on August 14, 1995. ' 1. Regarding the acquisition of open lands: To accomplish preservation of the Bluff Creek Corridor , p ursue acquisition of ' q the following parcels: Parcel 2A ' Size: Greater than 40 acres. Land Owners: Degler, Degler, Peterson, Chaska Investment ' Corporation/Wallingford Properties, Jeurissen and Laurent. Parcel 2B (a newly identified property) ' Size: 8.65 acres Land Owner: Edwards ' To accomplish the preservation of wooded lands, pursue acquisition of the following parcels: ' Parcel 1 A Size: 30 -40 acres , Land Owner: Fox Parcel 1 B Size: 15 -20 acres ' Land Owner: Chaska Investment Corporation/Wallingford Properties To accomplish the acquisition of land for future community rk use, ,ursue p acquisition of either the combination of Parcel 3C and 3D or the combination of Parcels 3E and 3F (newly identified properties). ' Parcels 3C and 3D Size: Approximately 80 acres each. Land Owner 3C: Peterson ' Land Owner 3D: Chaska Investment Corporation/Wallingford Properties Parcels 3E and 3F Size Parcel 3E: 67.3 acres Land Owners: Dean and Lois Degler ' Size Parcel 3F: 80 acres Land Owners: Gayle and Lois Degler Park & Recreation Commission August 2, 1995 Page 3 Parcel 3G (newly identified property) Size: 5± acres Land Owner: Hanson 2. Regarding the construction of multi - purpose trails: It is recommended that the following trail segments be pursued: a. Powers Boulevard north from Santa Vera Drive to the City of Shorewood. b. Highway 101 north from South Shore Drive to the City of Shorewood /Minnetonka border. 3. Regarding the development of Bandimere Community Park: It is recommended that this item, at a cost of approximately $1.2 million be included as a stand alone referendum question. In addition, the following recommendations are being made: 1. The referendum voting day be targeted for Tuesday, October 17, 1995. 2. The city attorney's office be retained to negotiate all purchase options and purchase agreements. It is the unanimous opinion of the Task Force that any and all purchase options be in place prior to the referendum being held. c: All landowners listed