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2. Authorizing Excess Levy Distribution to ISD 112.MEMORANDUM CHANHASSEN CITY OF c)- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: October 24, 1996 SUBJ: Resolution Authorizing Excess Levy Distribution to ISD 112 The attached Exhibit A provides the background, rationale, and actual method of calculating the excess levy distribution from the City/HRA to School District 112. The exhibit also commits the city to make future excess levy distributions for both the previous referendum as well as any future referendum to the extent that the school district actually does generate those dollars. Should the city council act to approve Exhibit A as representing the rational and method by which payments would be made, I will request that the actual form of that approval be a cover contract which will solely state that Exhibit A governs transfers and that the contract is voided if changes in state law affect our ability to receive /distribute those dollars and in no case shall the amount being distributed be higher than what the city actually receives in any one year. g: \mgr \isd 1 12excesslevy.e Exhibit A 24- Oct -96 EXCESS LEVY DISTRIBUTION 16:30 TAX INCREMENT REVENUES FROM: CITY OF CHANHASSEN TO: ISD 112 TIF ISD DIFF ADUT ANTIC. ACT. BASE TAX 112 TAX CURB YR- TAXES PYMT PYMT TO YEAR CAP (1) RATE (2) BASE YR GEN. ISD 112 (3) ISD 112 (4) 1992 1992 3,695,795 62.658 1993 3,488,337 57.172 -5.486 ($191,370) 1994 3,556,465 62.883 0.225 $8,002 1995 3,736,225 71.220 8.562 $319,896 $350,000 $350,000 1996 3,764,225 71.201 8.543 $321,578 $600,000 $600,000 1997 3,764,225 70.000 7.342 $276,369 $276,369 $276,369 1998 3,764,225 70.000 7.342 $276,369 $276,369 $276,369 1999 3,764,225 70.000 7.342 $276,369 $276,369 $276,369 2000 3,764,225 70.000 7.342 $276,369 $276,369 $276,369 NOTES: 1) Although the city and School District 112 agreed to share excess tax increment generated as a result of the school's referendum of 1992/93, significant disagreement occurred in 1993 -1995 as to how the "excess" would be calculated. During this time frame, the HRA entered into various "incentive agreements" essentially agreeing to return three years of "full increment" created by the prospective firms (1995- 2000). All of this occurred during a time frame of substantial deterioration of the existing base valuations of commercial/ industrial properties. (Fallout of the S & L failures of the late 1980's.) Accordingly, the total tax capacity, as presented in this agreement, is the base tax capacity of $3,736.225. The City of Chanhassen will consider increasing this base value to a value between $3,736,225 and any current value if the total debt obligations incurred prior to July 1, 1996 and administrative costs (defined by state statute) and reimbursement agreements (prior to July 1, 1996) is less than the tax increment which was actually received by the HRA. [Note: The calculation in any year that this phenomenon occurs shall be to adjust the "TIF TAX CAP" column to the current value, but the result of that calculation shall not exceed the amount of debt, as defined above, incurred prior to July 1, 1996, including administrative costs and reimbursement agreements.] 2 & 3 The base tax rate prior to the referendum was 62.658. As the school district levies 1 years in advance of receiving property tax receipts, an overpayment was agreed to by the city, even though the city did not receive the monies in 1995 and 1996 as anticipated in 1992/93. The city, by this agreement, agrees that future capital, operational, or other increases to the school district's total tax levy shall be governed by this agreement through L �I��o UPDATE RECEIVED JUL 10 RECD UPDATE 1996 -7 CITY OF CHANHASSEN MONDAY, JULY 8 REPRESENTATIVE ANN REST PRESENTS HER PROPERTY TAX REFORM PROPOSAL TO THE MLC OPERATING COMMITTEE Representative Ann Rest (DFL -New Hope), 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 Messerli & Kramer P.A., 145 University Avenue West, Suite 450, St. Paul, MN 55103 Telephone (612) 228.9757 Fax (612) 228 -9787 the year 2000 so as to ensure that excess tax increment (current and future) is returned to the school district. [Note: a) The amounts overpaid by the city to ISD 112 will be repaid to the city from future excess levy calculations as a result of a future referendum; and b) The resolution adopting this worksheet as to the city's ability to make payments to ISD 112 shall override calculations presented here as it would relate to changes in state law regarding calculation of taxes, tax increment received by the city/HRA, calculation of tax capacity rates or tax capacity, etc.] 4) The "Act Pymt to ISD 112" shall be adjusted each year to represent the "TIF TAX CAP" (as referred to above) times the difference between the current total tax rate and the base year tax rate. Stipulations described in 1 -3 above, shall apply. g: \mgr \isd 1121evy. 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) 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: Apple Valley Eagan Eden Prairie Gary Humphrey Tom Goodwin Edina Mayor Fred Richards Peggy Kelly Jane Paulus Woodbury Nancy Remakel Lee Slagter Shawn Hunter Sandy Masin Plymouth Mayor Joy Tierney David Anderson Nicholas Granath Chuck Lymangood Ross Thorfinnson Patricia Pidcock Shoreview Mayor James Chalmers Jim Olson Ben Withhart JJP jjp:7474_1.W51s