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10c. Tax Increment District, School District 112CITY OF � CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 C 1 n P MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: August 22, 1996 SUBJ: TIF Payments, School District 112 I presented this item to both the HRA and city council on various occasions and have continuously received concurrence from both groups that increment generated by the school district, through passage of referendums, should reasonably be passed back to the school district. The school district is starting their budgetary process and wants to ensure that these dollars will be flowing back to the school district and will be calculated in a manner that can be placed into written form and therefore become binding. I met with the school district earlier this summer and they agreed that they would put their hand to a potential formal commitment (see attached). My initial reading of the resolution and attached chart does not appear to address the two points which I firmly believe need to be in that type of document, Le: 1. The amount proposed to be returned to the school district shall not be greater than the amount we actually receive; and 2. The payment shall not be made until the city physically has in its hands the dollars that were generated because of the school district. The two points noted above can best be understood by reviewing the legislation proposed to be passed by.Repi=esentative Ann Rask (see attached). Both parties have made commitments to making major property tax reform a part of their 1996/97 political platforms. If property tax reform becomes a reality, dollars flowing back to existing TIF districts would be highly affected. The Rask proposal would have the state become responsible for all TIF obligations and virtually put future TIF districts out of business. As it currently stands, the TIF payment made by the city to the school district is a "windfall." I would like to believe that these dollars do in fact lower all of our property tax bills. However, how would the state look at virtually paying themselves? If Mayor and City Council August 22, 1996 Page 2 the Rask proposal occurs, any dollars flowing back to the school district through a new state obligation would assuredly be used to decrease the amount of state funding. In the meantime, if we were bound to make a certain payment in 1997, regardless of whether we got the money or not, I think we would be asking for a law suit and the school district could lose a major amount from their operating revenues. RECOMMENDATION This office would recommend that the city council approve the two concepts listed above and direct the city attorney's office to prepare a binding agreement which will incorporate these two points for presentation back to both the HRA and city council. g: \mgr \tifisd112.e F� U I JUN 23 '95 15:06 DISTRICT 112 ( Past -ir Fax Note 7671 I �SstG.�nro�Ti�i Go IY'%Ty DC C AAA" Phone # FaX# June 23, 1995 P.1 Date (page / Phone #F Fax #�� -. X42 9 Dear Don: Thanks for meeting with Jeff Priess and myself on Thursday, June 22. I believe we agreed upon the following regarding TIF payments related to the 1993 school bond referendum: You will begin processing the Pay `94 payment in the amount of 5343,857. It will ' be on the 6/26/95 city council consent agenda, with payment as soon as possible thereafter — hopefully by 6/30/95. ' District 112, the City of Chanhassen, and the City of Chaska need to formalize resolutions which specify the method of calccdation that will be used in determining transfers from the cities to the District for future years. ' Let me know right away if you disagree with my summary of our meeting. ' Sincerely, ' David L. Clough, PhD Superintendent, School District 112 ' cc: :tell Priess David Peterson ' 1 Office of the Superintendent David L. Clough, Ph-D. + \ 110600 Village Road Chaska, Minnesota 55318 ' 612/368 -3601 School District ' Don Ashworth, City Administrator City of Chanhass 690 Coulter Drive ' Chanhassen, MN 55317 ( Past -ir Fax Note 7671 I �SstG.�nro�Ti�i Go IY'%Ty DC C AAA" Phone # FaX# June 23, 1995 P.1 Date (page / Phone #F Fax #�� -. X42 9 Dear Don: Thanks for meeting with Jeff Priess and myself on Thursday, June 22. I believe we agreed upon the following regarding TIF payments related to the 1993 school bond referendum: You will begin processing the Pay `94 payment in the amount of 5343,857. It will ' be on the 6/26/95 city council consent agenda, with payment as soon as possible thereafter — hopefully by 6/30/95. ' District 112, the City of Chanhassen, and the City of Chaska need to formalize resolutions which specify the method of calccdation that will be used in determining transfers from the cities to the District for future years. ' Let me know right away if you disagree with my summary of our meeting. ' Sincerely, ' David L. Clough, PhD Superintendent, School District 112 ' cc: :tell Priess David Peterson EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL OF CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA Pursuant to due call and notice thereof, a meeting of the Council of the City of Chanhassen, Minnesota, was held in the City Hall on the day of , 1996, at o'clock p.m. The following members were present: and the following were absent: WHEREAS, Independent School District No. 112 (hereinafter "School District ") and City officials have previously engaged in discussions regarding disposition of tax increment financing (hereinafter "TIF ") funds arising out of the issuance of the School District's General Obligation School Building Bonds, Series 1993C in the amount of $15,300,000.00 and bearing a date of original issue of July 1, 1993 and the School District's General Obligation School Building Bonds, Series 1994B in the amount of $31,980,000.00 and bearing a date of original issue of May 1, 1994; and WHEREAS, it was understood and agreed between the School District and City that the additional -TIF funds generated in TIF District #1 as a result of the levies certified to repay the principal and interest on said bond issues would be transferred by the City to the School District; and WHEREAS, the parties further agreed and understood that said funds would be ' transferred commencing with taxes payable in 1994, without any interest component, one -half ' in July and one -half in December of each year and that the School District has relied upon this understanding; and WHEREAS, the agreement and understanding of the parties has not been formally ' adopted by the City as a resolution. ' Resolution No. RESOLUTION APPROVING TRANSFER OF TIF FUNDS TO INDEPENDENT SCHOOL DISTRICT NO. 112 BE IT RESOLVED, by the City Council of the City of Chanhassen, Minnesota, as 1 follows: ' 1. Commencing with taxes payable in 1994, dollars transferred to the School District will be calculated by multiplying the retained captured net tax capacity of TIF District #1 by the net increase in the School District's debt service tax rate attributable to the repayment of principal and interest on the School District's General Obligation School Building Bonds, Series 1993C and Series 1994B. The net increase in the tax rate is ' determined by subtracting from the School District's total debt service tax rate in any given year the following: the debt service tax rate attributable to debt existing prior to July 1993; the current year debt service equalization aid tax rate; and, the tax rate computed from the prior year's TIF district revenue transfer. 2 2. That the balance of funds due for taxes payable in 1994 and 1995 pursuant to the prescribed calculation and in the sum of $0 (Appendix A) shall be transferred to the School District. 3. That the funds for taxes payable in 1996 in the sum of $307,163 shall be transferred one -half in July and one -half in December 1996. 4. That for taxes payable in future years, commencing with taxes payable in 1997, the amount to be transferred shall be calculated pursuant to the formula set forth above and transferred one -half in July and one -half in December of each year. The motion for the adoption of the foregoing resolution was duly seconded by Member . and upon roll call vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 STATE OF MINNESOTA ] ]SS COUNTY OF CARVER ] I, the undersigned, being the duly qualified and acting City Administrator of the City of Chanhassen, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on the day of , 1996, with the original thereof on file in my office, and the same is a fully, true, and complete transcript insofar as the same relates to approval of the transfer of TIF funds to Independent School District No. 112. WITNESS MY HAND and the seal of the City this day of . 1996. City Administrator (SEAL) 4 C N U) N co L C L U 0 U X C N a C1 all ...,'o ', o o (1) O Cfl -t Lo - 0 O CD O 00 L 3: O M N U r r C � U �co 7 >- a N co M p O O dH O O e to e o d 010 O O M'O O O O w O O O O d' CY o WI t o 0 0 0 O ti O O LO M CD 00 O 00'Lo 7 CD CD Lo Lo cr X C6 W ix 0000 t-' 00 N 00 Cl) M r 0) _ 00 N U? N (C) O M - m ANN 1— O O O O _Cq O O O O Lf) C CD 0 V CA''L N Lt� m 00 O 00 M a) N LU U V- LO ti 0) M Lo N C 69 T 2 `''fvE9 I— > i O M C) C) O'OO 4 N N CD qt r L o I O I j 0 0 N CD CD CA a p 0 0 00 � LI C 0 69 ER (,;,,�, E9 Cf3 �I� _y 0 U >. Q d�� O O O O ap pp QL O O O O 11 CM O CD 6 CD _0 00 O et 07 CO O CD CA O O)l , t: C LO Lf) Lf) LO LO CD c It qt LLID 0) M Lo ' I 00 E9 ti Ef3 ti 6R 00 Ef3 ED IT qT 4a w 0 U d O N O O O O O O C? 0 0 O O O OP­ LID O Ln of CG ER M N O N I N � V CD C7 LM M 0 N N C N N r 3 t N aoti -- F" (0 j L N (9 M M M Z E9 (Al O Q' > 69 69 6R 0) N N � 0) Lo CD t` O O CA O ` ` Met Lo CD M Lf) CD CA CA CA O CA CA CA O co cu ' School District J�� 1 CI I Office of the Superintendent David L. Clough, Ph.D. 110600 Village Road Chaska, Minnesota 55318 612/368 -3601 June 21, 1996 Mr. Don Ashworth, Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Ashworth: The School Board of Independent School District 112 discussed Chanhassen TIF Proposal 5 -1 at their regular meeting on June 6, 1996. Although the Board is taking no official position on Proposal 5 -1, the Board would like the following comments presented at the public hearing on June 24, 1996. 1. The School Board applauds the City of Chanhassen for its efforts to meet the goals of the Metropolitan Livable Communities Act. 2. The School Board believes that the use of TIF to provide residential development has a direct impact on District 112 taxpayers. Residential development will generate additional students requiring educational service and space at the expense of District taxpayers. 3. The School Board continues to be concerned about the lack of a written TIF agreement relating to the 1993 bond referendum. In order to address the concerns expressed, the School Board proposes the following: • That the City of Chanhassen agree to direct a proportion of the revenues from District 5 -1— and all future tax increment districts — to School District 112. • That the City of Chanhassen continue to work closely with District 112 repre- sentatives to expedite formalization of previous TIF agreements. School District 112 is facing a difficult near -term financial situation. State funding cuts, scheduled to take effect in 1997 -98, will reduce revenue by over $1 million from current levels. The operating costs associated with new buildings needed to keep up with District growth are substantial. These factors, coupled with the recent failure to increase local support, are going to make it difficult to continue providing the quality of services for children expected by our public. Serving the communities of eastern Carver County through equal opportunity in employment and education. Mr. Don Ashworth, Manager Page 2 As a result, it is imperative that the School District and its municipalities continue to cooperate — especially in regard to TIF — to see that we continue to provide healthy schools, which are a major factor in providing healthy communities. The District 112 School Board appreciates the cooperative relationship that exists with the City of Chanhassen and looks forward to continued future cooperation. On behalf of the District 112 School Board, Y4" . David L. Clough, Ph.D. Superintendent ML( MUNICIPAL LEGISLARVE COMMISSION U P RECEIVED JUL 10 RECD t CITY OF CHANHASSEN 1AJn UPDATE 1996 -7 MONDAY, JULY 8, 1996 ' REPRESENTATIVE ANN REST PRESENTS HER PROPERTY TAX REFORM PROPOSAL TO THE MLC OPERATING COMMITTEE ' DFL -New Hope), Representative Ann Rest ( P , Chair of the House Tax Committee, presented her ideas for property tax and school funding reform to the MLC ' Operating Committee on May 28. She spoke with the committee for more than one hour, highlighting the major components of her plan. The primary provisions ' of Representative Rest's proposal include the following: Simplify local property tax class rates. The ratio of the ' class rate for lower tier homes to commercial properties would be reduced from 4.6:1 to 2:1. The total number of class rates would be as follows: ' - 0.5% for agricultural property - 1% for homes and 1 to 3 unit rental properties 1.5% for apartment buildings with 4 or more units 2% for commercial - industrial properties ' The state would levy an education property tax, at a rate of 2.2 %, on commercial industrial properties over $60,000; rental housing; residential homes valued at ' more than $115,000; and seasonal recreational properties. ' The 6.5% sales tax would be expanded to include clothing. ' The expanded sales tax and state imposed education property tax would enable the state to fully fund general education expenses. In lieu of referendum levies that increase property taxes, school districts could raise additional operating revenues to be used for discretionary programs by imposing local income ' taxes - if approved by voters. -------------------------------------------------------------------------------------------------------- The MLC Update is prepared by Robert G. Renner, Jr. and Jennifer J. Peterson & Kramer P.A., 145 University Avenue West, Suite 450, St. Paul, MN 55103 Messerli Telephone (612) 228.9757 Fax (612) 228.9787 State aid formulas for cities and counties would be re- worked based on need. LGA "grandfathers" would be phased out, and HACA would be eliminated. A state fund would be created for the purpose of ensuring that cities could meet their outstanding TIF obligations. The property tax refund program (circuit breaker) would receive additional funding, and the limited market value law would be extended. If you would like more detailed information on this proposal, please contact Jennifer Peterson at 228 -9757 and materials will be mailed to you. MINNESOTA TAXPAYERS ASSOCIATION RELEASES PROPERTY TAX STUDY A study released on June 25 by the Minnesota Taxpayers Association (MTA) ranked Minnesota as the state with the highest property taxes in the nation for higher - valued commercial property, and second - highest for large apartment buildings. The study also showed that higher - valued cabins rank number one in a comparison of rural areas in the fifty states. Property taxes paid by Minnesota homeowners for the first $70,000 of value are 12% below the U.S. average, while a home valued at $150,000 is taxed at a rate that is 24% above the national average. Residential property taxes for these values are ranked 27th and 14th respectively. Homes between $350,000 and $1 million are ranked 9th in the nation. By comparing property taxes to personal income, the MTA study also showed that Minnesota's overall property taxes collected per $1,000 of personal income rank 16th in the nation. The MTA stated that the results of this study illustrate an extreme disparity in property taxes paid by the many different property classifications. The study also showed that, as a percentage of its market value, a high- valued business in Minnesota pays 366% more than a lower - valued home. The MTA contends that this disparity is ultimately paid for in the form of higher consumer prices, lower worker wages, and lower investment returns. Prior to release of the study, the MTA released a property tax reform proposal that was aimed at "reducing the rate of growth in local spending and property taxes by unmasking the true cost of local government." The MTA hopes that the legislature will utilize the MTA study and property tax reform proposal as tools when revamping the property tax system. Many observers believe that the 1997 Legislature may seriously consider property tax reform measures, although many legislators have publicly stated that the ' governor will need to assume a leadership role in this proposition. The MLC will be actively involved in the legislative process to reform property taxes. ' If you would like a copy of the complete MTA property tax study, please call Jennifer Peterson at 228 -9757. ' METROPOLITAN COUNCIL PRESENTS GROWTH OPTIONS REPORT TO ' THE MLC OPERATING COMMITTEE John Carey delivered a presentation on the Metropolitan Council's study of ' Growth Options MLC Operating Committee on June 18. The Metropolitan Council has been meeting with various community leaders this summer in order to set a plan for future metropolitan growth. The growth options report released ' earlier this year was summarized in the February 5 MLC Update. Carey's discussion was an overview of the challenges a rapidly expanding metropolitan area can present for community leaders and planners. He explained in detail the demands placed upon the transportation system by urban sprawl ' outside the metropolitan area boundaries. Carey explained to the Operating Committee that the Metropolitan Council will be holding several outreach meetings during June. The Council plans to recommend a growth options plan ' later this summer, and present this recommendation to the 1997 Legislature. ' 1996 LOCAL AND LEGISLATIVE ELECTIONS UPDATE At the end of the legislative session, we reported to you all 201 legislators are up ' for re- election in 1996, but that many had announced they were leaving office. Since the April MLC Update the number of retiring legislators has grown from 16 to 23. The legislators listed below have announced they will not be seeking re- ' election for their current seats. Of the 23, only Steve Kelley (DFL- Hopkins) is retiring from the House to run for an open Senate seat in this fall's election. SENATORS: Kevin Chandler (DFL -White Bear Lake) Gene Merriam (DFL -Coon Rapids) ' Harold "Skip" Finn (DFL -Cass Lake) Ted Mondale (DFL -St. Louis Park) Terry Johnston (R -Prior Lake) Phil Riveness (DFL - Bloomington) ' Carl Kroening (DFL - Minneapolis) J REPRESENTATIVES: Jeff Bertram (DFL - Paynesville) Chuck Brown (DFL - Appleton) Roger Cooper (DFL -Bird Island) Marvin Dauner (DFL - Hawley) Jim Girard (R -Lynd) Bob Johnson (DFL- Bemidji) Steve Kelley (DFL - Hopkins) Virgil Johnson (R- Caledonia) Teresa Lynch (R- Andover) Tony Onnen (R- Cokato) Howard Orenstein (DFL -St. Paul) Don Ostrom (DFL -St. Peter) Walter Perlt (DFL - Woodbury) Jim Rice (DFL - Minneapolis) John Sarna (DFL - Minneapolis) Gary Worke (R- Waseca) There will also be a number of local elections taking place this year within our MLC communities. Bloomington, Lakeville, Maplewood, Minnetonka and Roseville have no council or mayoral races in 1996. In the remaining 7 MLC communities, the seats held by the following councilmembers and mayors are on the ballot this fall: ADDle Vallev Eagan Gary Humphrey Shawn Hunter Tom Goodwin Sandy Masin Edina Plvmouth Mayor Fred Richards Mayor Joy Tierney Peggy Kelly David Anderson Jane Paulus Nicholas Granath Chuck Lymangood Woodbury Nancy Remakel Lee Slagter JJPjjp_7474_1.W51s Eden Prairie Ross Thorfinnson Patricia Pidcock Shoreview Mayor James Chalmers Jim Olson Ben Withhart 4