3. Preparation of a Development Project for Development District #3 and a tax increment financing plan for Tax Increment Financing District #3-1CITY OF 3
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager
Aftn OY CITY Adnftmom
Endo Dw t�
Modifie
ReJette
Dat _ t
Date Submitted to Commission
Date So`miCed
DATE: May 19, 1994 to Council �
SUBS Public Hearing Regarding the Approval of Development District No. 3 and Tax
Increment Financing District No. 3 -1
i
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1
At their April 11, 1994 meeting, the city council authorized staff to hold a public hearing to
consider establishing a new economic development/tax increment financing district on the
Banta Corporation property (the Press facility and DataSery properties- -see Attachment #1).
Staff has completed review of the program and plan and has sent notice to both Hennepin
County and the Eden Prairie School District (see Attachment #2) The only letter we received
was from Hennepin County who stated that the plan was being reviewed by their Ways and
Means Committee (see Attachment #3). ; Staff is not expecting any further feedback from
either of the two agencies.
The Planning Commission completed their review and recommended approval as the overall
plans are consistent with the city's Comprehensive Plan and the overall development for the
area being considered in the district boundaries. The Planning Commission did, however, add
one condition, that the plan be amended to include land acquisition consistent with the
Highway 5 Corridor Study. ......
The City Council's Role
Under Minnesota Statute, the city council must hold .a public hearing to allow citizen
comments on the proposed plan. Once comments have been received, the city council should
then consider approving the new Development District Program and Tax Increment Financing
Plan and the establishment of Tax Increment Financing District No. 3 -1. In making this
decision, the city council must find that the creation of a new tax increment financing
plan/district is in the best interest of the community, specifically in the following areas:
1. Provide employment opportunities within the city.
2. Improve the tax base of the city and the general economy of the city and state.
MEMORANDUM
I Mr. Don Ashworth
May 19, 1994
' Page 2
3. Implement relevant portions of Chanhassen's Highway 5 Corridor Plan (landscaping,
entry monuments , etc.).
4. Completion of the city's portion of Dell Road south of Highway 5.
5. Assist with the planning and reconstruction of State Highway 101 (trail system,
reconstruction of the road, etc.).
You will notice on page 8 of the proposed plan (Attachment #4), staff put together estimated
' project costs for each of the public improvements located in the district. Again, these are just
estimates and the city council would still have to authorize each of the projects and award of
the bids.
' Recommendation
' Staff recommends that the city council open the public hearing after staff has completed an
oral presentation on why the city should consider establishing a new tax increment district.
The council should then ask for citizen comments and close the public hearing after
' comments have been heard. If the city council should find that the program for Development
District No. 3 and the plan for Tax Increment Financing No. 3 -1 is in accordance with the
overall development of the community, staff recommends that the council adopt the attached
' resolution (see Attachment #5).
Attachments
1. Public hearing notice /map.
' 2. Letters to Hennepin County and Eden Prairie School District.
3. Letter from Hennepin County.
4. Proposed Tax Increment Plan.
' 5. Resolution.
11
APR 05 '94 16:34 HOLMES & GRAVEN
NOTICE OF PUBLIC HEARING
ADOPTION OF PROGRAM FOR DEVELOPMENT DISTRICT
NO. 3 AND PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 3 -1
CITY OF CHANHASSEN
P.4 1
NOTICE IS HEREBY GIVEN, that the City Council of the City of Chanhassen
will hold a public hearing on
Monday, May 23, 1994
at p. m. in the Council chambers at City Hall , 690 Coulter Drive. The purpose '
of the hearing is to discuss adoption of a Program for Development District No. 3 and
a Plan for Tax Increment Financing District No. 3 -1. Copies of the Program and Plan
are available for public inspection at Chanhassen City Hall during regular business
hours. The following map shows the general boundaries of the proposed '
Development District and TIF District: '
Any person wishing to express an opinion on the matters to be considered at
the public hearing will be heard orally or in writing. '
Dated: , 1994
BY ORDER OF THE CITY COUNCIL
City an '
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ROBERT A. AIAOP
JkonAIX a• EATlY
frt"M J. suBVL
JOSH s. DEAR
May G. DOISINS
f WAKM N. CALRY
COaM MS A. 891n
JAwas S. e01.%w
DAVID J. KENNEDY
JOUN R. LAMON
WELIJNOTOR IL LAW
CMIB.RB L. Wring
JosN K LaFtnik JL
Roan? J. EaMALL
April 26, 1994
HOLMES & GRAVEN NO.001
HOLMES & GRAVEN
CHARTERZD
470 Pllbbury Cfnitr, MlnnespalA, MiAn"O" 35401
(612) 937.9300
nalmne (612) 3!!•9910
wiunR's Dvd= DIAL
(612) 337 -9262
Dr. Gerald McCoy
Independent School District #272
8100 School Road
Eden Prairie, MN 55344
RE: City of Chanhassen - Tax Increment Financing District No. 3 -1
Dear Dr. McCoy:
00.E 1
ROBERT C. Long
1.AuaA L MoLLET
5"MRA L PORTWOOD
JAhm M. BTROUMN
JMW J. TROMON. n.
LAn M. wn7IMW
SONNis L. W14413Hi
GARY P. WWr1M
DAVID L Gum (1n9.191)
Or COUNSEL
ROBERT C. CAaUON
RoaERT L. DAMSON
T. JAY fALi4TN
Enclosed is a revised copy of the TIP Plan for the captioned district which is
intended to roplaee the version sent to you by cover letter dated April 22, 1994.
This version makes minor corrections to the previous document, but snakes no
substantive changes thereto. Specifically, the budget and estimate of impact on
other taxing jurisdictions has remained the game. The public hearing before the
Chanhassen City Council is still scheduled for 7:00 p.m. or thereafter on Monday,
May 23, 1994.
Sincerely,
Ronald H. Batty
Special Counsel
RHB : ckr
Enclosure
k1` ACPW1e1j-r 4'.2-
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05/ 08:49
AUGHOP W LAW
1104iRT A. AMP
610NAL0 IL SATTY
$TMN = J. sUSUL
JOW L DUN
MARY G. DON0
NWANU K GAIXY
coum A. HI MR
JAHN S. E OWN
DAMM J. KMWY
PM L La"
1►iL1RMON a.1AW
CRUM= L I WD'uz
JOHN M. LEFIM JR.
ROZINT J. UNDALL
April 22, 1994
HOLMES & GRAVEN NO.001
HOLMES & G RAVEN
CHARTYRID
474 PlWbwy C010P, MWI06PON4 MiRROW rr 86402
(612) 337.4800
Fazed n le (613) 337.4310
i7itIT 11 DMWT DIAL
(812) $37 -9282
Dr. Gerald McCoy
' Independent School District #272
8100 School Road
Eden Prairie, MN 55344
I RE: City of Chanhassen - Tax Increment Financing District No. 3 -1
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Dear Dr. McCoy:
00..,
ROBliT C. LONG
LAURA L MOLUT
RAISARA L PORTWOOD
JANE M. BTROMMLN
J AMU J. TsO M4ON, JL
LARRY M.W` mam
50MZ L W1LKWS
GARY P. WWT=
DAWW L. CIAMPI (ta9.1w1)
of CoUWZL
ROBERT C. CARLWN
ROBERT L DA Y0N10N
T. JAY &Ubw
This is to notify Independent School District #272 that the city of Chanhassen will
conduct a public hearing on the establishment of Tax Increment Financing District
No. 3-1. The hearing will be held by the city council on Monday, May 23, 1994 at
7: 00 p.m. in the Chanhassen city hall. A representative of the district is invited to
attend the meeting and to comment on TIF District No. 3 - 1 or you may submit written
comments prior to the meeting.
Enclosed is a draft copy of the Plan for TIF District No. 3 -1. If you have any
questions regarding the Plan, please feel free to call me at 337 -9262 or the
Chanhassen city offices at 937 -1900.
Sincerely,
"'
Ronald H. Batty
Special Counsel
RHB : ckr
' Enclosure
A- rTAC P Mtl1 '- 4t
F
KAY MITCHELL wF" °o PHONE
�. �� c.
CLERK TO THE BOARD `I ,,i,�. ��,,y 348 - 5433
BOARD OF HENNEPIN COUNTY COMMISSIONERS
A -2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487 -0240
April 26, 1994
Mr. Ronald H. Batty, Special Counsel
HOLMES & GRAVEN
Attorneys at Law
470 Pillsbury Center
Minneapolis, MN 55402
RE: City of Chanhassen - Tax Increment Financing District No. 3 -1
Dear Mr. Batty:
Your letter dated April 22, 1994 enclosing the above plan for review
and advising of a public hearing on same, was received by the
Hennepin County Board of Commissioners at their meeting today.
The contents were noted, and Chairman Andrew directed that the matter
be referred to the Ways and Means Committee.
Sincerely,
7� r
Kay M'i tchel l
Clerk of the Board
jc
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DEVELOPMENT DISTRICT PROGRAM,
DEVELOPMENT DISTRICT NO. 3
and
TAX INCREMENT FINANCING PLAN,
TAX INCREMENT FINANCING DISTRICT NO. 3 -1
CITY OF CHANHASSEN, MINNESOTA
May 23, 1994
This document drafted by:
HOLMES & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337 -9300
REB69060
CB130 -34
a 4, 4m tK
..r
TABLE OF CONTENTS
Page
SECTION I. DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT
NO. 3
Subsection A.
Definitions . • • . • • • • • • • • • . . . . . .
. 1
2
Subsection B.
Statutory Authority . . . . . . . . . . . . . . . . .
.
2
Subsection C.
Statement of Public Purpose . . . . . . . . .
2
Subsection D.
Statement of Objectives
3
Subsection E.
Environmental Controls . . . . . . . .
.
3
Subsection F.
Open Space to be Created . . . . . . . .
3
Subsection G.
Public Facilities to be Constructed . . . . . . . .
3
Subsection H .
Proposed Reuse of Property . . . . . . . . . . . .
.
3
Subsection I.
Development District Financing . . . . • • •
3
Subsection J.
Subsection K.
Relocation
Administration of Development District
3
Subsection L.
Legal Description and Map of Development District
4
SECTION II. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 3 -1
Subsection A.
Statutory Authority . . . . . . . . . . . . . . . . . .
. 5 "
5
Subsection B.
Statement of Objectives . . . . . . . . . . . . . . . .
.
5
Subsection C.
Statement of Public Purpose
6
Subsection D.
Development District Program
6
Subsection E.
Description of TIF District . . . . . . . . . . . . . .
.
6
Subsection F.
Development District Contracts . . . . . . . . . .
.
Subsection G.
Classification of TIF District . . . . . . . . . . . . .
. 6
Subsection H.
Modification of TIF Plan . . . . . . . . . . . . . . .
. 6
Subsection I.
Use of Tax Increment . . . . . . . . . . . . . . . . .
. 6
6
Subsection J.
Excess Tax Increment . . . . . . . . . . . . . . . .
.
7
Subsection K.
Limitation on Increment . . . . . . . • . • • • • • •
•
7
Subsection L.
Limitation on Administrative Expenses . . . . . .
.
Subsection M.
Limitation on Boundary Changes . . . . . . . . . . .
. 7
Subsection N.
Relocation . . . . . . . . . .
. 7
7
Subsection O.
Parcels to be Acquired within TIF District . . . .
Subsection P.
TIF Account . . . . . . . . . . . . . . . . . . . . .
. 8
8
Subsection Q.
Estimate of Costs . . . . . . . . . . . . . . . . .
.
8
Subsection R.
Estimate of Bonded Indebtedness . . . . . . . . . .
.
Subsection S.
Original TIF Capacity and Tax Increment . . . . . .
. 8
Subsection T.
Duration of the TIF District . . . . . . . . . .
. 9
Subsection U.
Estimate of Captured Tax Capacity . . . . . . . . .
. 9
Subsection V.
Estimated of Impact on Other Taxing Jurisdiction .
. 9
Subsection W.
Annual Reports . . . . . . . . . . . . . . . . . . . .
. 10
RJB69060
/
CE130 -34
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PJ
SECTION I. DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT
NO. 3
' A. Definitions
For the purposes of the Development Program for Development District No. 3
and the Tax Increment Financing Plan for Tax Increment Financing District No,. 3 -1,
the following terms shall have the meanings specified below, unless the context
otherwise requires:
"Administrative expenses" means all expenditures of the City other than
amounts paid for the purchase of land or amounts paid to contractors or others
providing materials and services, including architectural and engineering services,
' directly connected with the physical development of real property in the District,
relocation benefits paid to or services provided for persons residing or businesses
located in the District, or amounts used to pay interest on, fund a reserve for, or
sell at a discount bonds issued pursuant to section 469.178 of the TIF Act.
Administrative expenses includes amounts paid for services provided by bond
counsel, fiscal consultants and planning or economic development consultants.
"City" means the City of Chanhassen, a municipal corporation under the laws
of the state of Minnesota;
"City Council" or "Council" means the Chanhassen City Council;
' "City Development District Act" or "Act" means Minnesota Statutes sections
469.124 through 469.134, as amended;
"Comprehensive Plan" means the City's objectives, policies, standards and
programs to guide public and private land use, development, redevelopment and
preservation for all lands and water within the City;
"County" means Hennepin County, Minnesota;
"Development District" or "District" means Development District No. 3 in
' which Tax Increment Financing District No. 3 -1 will be located;
"Development District Program" or "Program" means the Program for
Development District No. 3 which will be adopted by the City Council on May 23,
1994;
' "Project" means Development District No. 3;
"State" means the State of Minnesota;
' "Tax Increment Bonds" means any general obligation or revenue tax increment
bonds issued by the City to finance the public costs associated with Development
District No. 3 as stated in the Program and in the Plan for TIF District No. 3 -1 or
any obligations issued to refund the Tax Increment Bonds;
"Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes
sections 469.174 through 469.179, as amended; and
' "Tax Increment Financing District" or "TIF District" means Tax Increment
Financing District No. 3 -1, which is being created and established within
Development District No. 3 pursuant to the TIF Act; and
ABB69060
CE130 -34 1
"Tax Increment Financing Plan" or "Plan" means the Plan for TIF District
No. 3 -1, which will be adopted by the City Council on May 23, 1994.
B . Statutory Authority
The City has determined that it is necessary, desirable and in the public
interest to establish Development District No. 3, pursuant to the provisions of the '
Act. The City has also determined that the funding of the necessary activities and
improvements in Development District No. 3 shall be accomplished in part or in whole
through tax increment financing in accordance with the TIF Act.
C . Statement of Public Purpose
It is found that there is a need for improvements in the infrastructure in the
area of the City hereby established as Development District No. 3 to increase
,
employment opportunities, improve the tax base and improve the general economy of
the City and the State. The purpose of Development District No. 3 is to foster
development of an area of the City to achieve its full potential. In order to
'
accomplish this purpose, the City intends to invest in specified highway
improvements.
D . Statement of Objectives
,
The City seeks to achieve the following objectives through the Development -
District Program:
,
1. promote and secure the prompt development of property in Development
District No. 3 in a manner consistent with the Comprehensive Plan and
with minimal adverse impact on the environment, which property is
'
currently less productive because of the lack of proper utilization and
lack of investment, thus promoting and securing the development of
other land in the City;
'
2. promote and secure additional employment opportunities within
Development District No. 3 and the City for residents of the City and
the surrounding area, thereby improving living standards and
preventing unemployment and the loss of skilled labor and other human
resources in the City;
3. secure the increase of property subject to taxation by the City,
'
County, school district and other taxing jurisdictions in order to better
enable such entities to pay for public improvements and governmental
services and programs required to be provided by them;
,
4. secure the construction and provide moneys for the payment of the cost
of those public roadway and other improvements in Development District
No. 3 which are necessary for the orderly and beneficial development
'
of the Development District;
5. promote the concentration of appropriate industrial uses and related
'
development within Development District No. 3 in order to maintain the
area in a manner compatible with its highest and best use; and
6. encourage development within the District which is aesthetically
,
pleasing and which creates a positive visual image of the City.
MM59060
2
08130 -34
E. Environmental Controls
It is anticipated that no development within the Development District will
t present major environmental concerns. All City actions, public improvements and
private development will be carried out in compliance with applicable environmental
standards.
F. Open Space to be Created
Any open space within the Development District will be created in accordance
with the development controls of the City and will be adequate for the needs of the
residents of the City.
'
G. Public Facilities to be Constructed
Public facilities constructed within the Development District will be financially
feasible and compatible with the City's long range development plans. Public
improvements to be constructed within Development District No. 3 will include
improvement of Dell Road, and improvement of portions of T. H. 101 and T. H. 5. All
improvements are located within Hennepin county.
' H. Proposed Reuse of Property
The City may acquire property within Development District No. 3 for a public
' improvement project to widen Dell Road south of Lake Drive East and in regard to the
T.H. 101 and T.H. 5 projects. Property within the Development District will be
reused in accordance with the City's ordinances and comprehensive Plan as well as
with this Program and the Plan for TIF District No. 3 -1.
I. Development District Financing
' Within Development District No. 3, the City will establish TIF District No. 3 -1
to finance the cost of development activities. Project costs for TIF District No. 3 -1
will be met through pledged increment.
' J. Relocation
Although no relocation is anticipated in connection with any project within
Development District No. 3, the City accepts its responsibility for providing for
relocation pursuant to section 469.133 of the Act. If relocation is necessary,
provisions will be made in accordance with Minnesota Statutes sections 117.50
through 117.56, inclusive.
K. Administration of Development District
' Maintenance and operation of the public improvements is the responsibility of
the Administrator of Development District No. 3. Each year the Administrator will
submit to the City Council the maintenance and operation budget for the following
year. The Administrator will administer the Development District pursuant to the
provisions of section 469.131 of the Act; provided, however, that such powers may
only be exercised at the direction of the City Council. No action taken by the
Administrator shall be effective without authorization by the City Council.
The City has not and does not anticipate the need to create an advisory board
to advise the City Council on the planning, construction or implementation of the
activities and improvements outlined in the Development Program.
MM69060
' CH130 -34 3
L. Leal Description and Map of Development District
A map of the boundaries of Development District No. 3 is attached hereto as
Exhibit B.
MM69060
08130 -3a 4
SECTION II. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 3 -1.
' A. Statutory Authority Pursuant to section 469.175, subd 4 of the TIF
Act, the City is authorized to establish tax increment financing districts to facilitate
and provide financing for the development objectives articulated in the Development
District Program. At the time of the adoption of the Program for Development
District No. 3, the City also intends to establish TIF District No. 3 -1 pursuant to the
TIF Act.
B . Statement of Objectives The City seeks to achieve the following
objectives through the establishment of TIF District No. 3 -1;
' 1. provide employment opportunities within the City;
2. improve the tax base of the City and the general economy of the
City and State;
3. encourage development in areas of the City which have not been
utilized to their full potential;
4. provide funding for certain public roadway improvements which
are essential for full development of the Project; and
5. implement relevant portions of the Comprehensive Plan.
The City's specific objective in establishing TIF District No. 3 -1 is to provide
for a road improvement project in the vicinity of an expanding industrial/ warehouse
area and to assist the developer of a proposed 40,000 square feet industrial
expansion with certain on -site improvements. The City wishes to improve three
roadways which serve the District and which currently limit growth. These include
' Dell Road, which will be widened from two (2) lanes to four (4) lanes south of Lake
Drive East and which provides immediate access to the industrial sites. Other
planned roadway improvements involve T. H. 101 and T. H. 5, which provide remote
' access to TIF District No. 3 -1. All roadway improvements are located entirely within
Hennepin County.
C. State of Public Purpose In adopting the Plan for TIF District No. 3 -1,
' the City will make the following findings:
1. Anticipated development would not reasonably be expected to
' occur solely through private investment within the reasonably foreseeable
future and, therefore, the use of TIF is deemed necessary;
2. The TIF Plan will afford maximum opportunity, consistent with
the sound needs of the City as a whole, for development of the Project by
private enterprise; and
3. The TIF Plan conforms to general plans for development of the
City as a whole.
4. The area included within TIF District No. 3 -1 qualifies as an
economic development TIF district within the meaning of the TIF Act.
The conclusions to be reached by the City Council regarding the above will be
based upon the recommendations of city staff and the planning commission as
RHB69060
CH130 -34 5
1
AJM69060
03130 -3d 6
well as the familiarity f members of the City Council with the properties
Y Y P P
involved and the likelihood that those properties will develop within the
reasonably foreseeable future solely through private efforts .
I
D. Development District Program At the time of the establishing of TIF
District No. 3 -1, the City also intends to adopt a Program for Development District
No. 3. The plan for development of the City outlined in the Program will continue
to provide the basis of the City's efforts to develop portions of the community which
have not and remain unlikely to be developed solely through private efforts. This
Plan for TIF District No. 3 -1 is consistent with the Program for Development District
'
No. 3.
E. Description of TIF District The property identification numbers of the
four parcels within TIF District No. 3 -1 are included as Exhibit A. A map of the
boundaries of TIF District No. 3-1 is attached hereto as Exhibit B.
F. Development District Contracts The City has not yet entered into a
development contract with regard to the development of any property within TIF
District No. 3 -1. Contracts regarding property with TIF District No. 3 -1 will be
entered into in accordance with section 469.176, subd 5 of the TIF Act.
,
G. Classification of TIF District TIF District No. 3 -1 qualifies as an
economic development TIF district, pursuant to section 469.174, subd. 11 of the TIF
Act. _
H. Modification of TIF Plan The Plan for TIF District No. 3 -1 may be
modified by the City, provided that any enlargement of the geographic area of the
TIF District, increase in amount of bonded indebtedness to be incurred, including
'
a determination to capitalize interest on the debt if that determination was not a part
of the original Plan, or to increase or decrease the amount of interest on the debt to
be capitalized, increase in the portion of the captured tax capacity to be retained by
the City, increase in total estimated tax increment expenditures or designation of
'
additional property to be acquired by the City shall be approved upon the notice and
after such discussion, public hearing and findings as required for approval of the
original Plan.
,
I. Use of Tax Increment. Pursuant to section 469.176, subd 4 of the TIF
Act, all revenues derived froR TIF District No. 3 -1 shall be used in accordance with
the TIF Plan. The revenues shall be used to finance or otherwise pay the capital and
'
administrative costs of development activities within the Project as identified in the
Program and Plan.
469.176, 2 of the TIF
,
J. Excess Tax Increment Pursuant to section subd
Act, in any year in which the increment exceeds the amount necessary to pay the
costs authorized by the TIF Plan, the City shall use the excess amount to do any of
the following, in the order determined by the City:
'
1. prepay the outstanding bonds or other obligations;
increment therefor;
2. discharge the pledge of tax
3. pay into an escrow account dedicated to the payment of bonds or
other obligations; or
1
AJM69060
03130 -3d 6
4. return the excess amount to the' Hennepin County auditor who
shall distribute the excess amount to the City, the County and school district
in direct proportion to their respective tax capacity rates.
' The City may also choose to modify the TIF Plan in order to provide for other
public improvements within the Project.
K. Limitation of Increment
1. No increment shall be paid to the City from TIF District No. 3 -1
after three years from the date of certification of the original tax capacity of
the property in the TIF district by the county auditor unless within the three
year period (a) bonds have been issued pursuant to section 469.178 of the TIF
1 Act, or (b) the City has acquired property within TIF District No. 3 -1, or (c)
the City has constructed or caused to be constructed public improvements
within TIF District No. 3 -1.
2. If, after four years from the date of certification of the original
tax capacity of TIF District No. 3 -1, no demolition, rehabilitation, or
renovation of property or other site preparation, including qualified
improvement of a street or right -of -way adjacent to a parcel but not
installation of underground utility service, including sewer or water systems,
have been commenced on a parcel located within TIF District No. 3 - 1 by the
City, or by the owner of the parcel in accordance with the TIF Plan, no
t additional increment may be taken from that parcel, and the original tax
capacity of that parcel shall be excluded from the original tax capacity of the
TIF District. If one of these activities subsequently commences, the City
shall so certify to the county auditor, and the tax capacity of the property as
most recently certified by the commissioner of revenue may be added to the
TIF District.
' 3. No tax increment shall in any event be paid to the City from TIF
District No. 3 -1 after nine years from the date of receipt by the City of the
first increment or 11 years from the date of approval of the Plan, whichever
' occurs first.
L. Limitation on Administrative Expenses Pursuant to section 469.176,
subd 3 of the TIF Act, administrative expenses are limited to 10 percent of the total
1 tax increment expenditures budgeted or actually incurred, whichever is less. Each
time the City increases the budget of TIF District No. 3 -1, the amount of increment
allocated to administrative costs may be increased as long as the total of
administrative expenditures does not exceed 10 percent of the total budget of the
r TIF District.
M. Limitation on Boundary Changes The geographic area of TIF District
No. 3 -1 may be reduced, but cannot be enlarged after five years following the date
of certification of the original tax capacity by the Hennepin county auditor.
N. Relocation Although no relocation is anticipated, tte City accepts as
binding its obligations under state law regarding relocation benefits and, if
necessary, will administer relocation services for families, individuals and
businesses displaced by public action.
O. Parcels to Be Acquired Within the TIF District It is not anticipated
that the City will acquire any property within TO District No. 3 -1, except such
AEB69060
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L.
easements or other interests in property as may be necessary to complete the
improvements of Dell Road, T.H. 101 and T.H. 5 anticipated by this Plan.
,
P. TIF Account The tax increment received with respect to the TIF
District No. 3 -1 shall be segregated by the City in a special account on its official
books and records.
Q. Estimate of Project Costs The following costs are authorized for
expenditures within TIF District No. 3 -1:
Roadway Improvements
Dell Road $ 200,000
T. H. 101 2,000,000
T.H. 5 660,000
Subtotal $ 2,860,000
Special Assessment Reduction Program 615,000
Administrative Expenses 220,000
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TOTAL $ 3,695,000
All of the costs authorized by this Plan will be for improvements located
'
entirely within Hennepin county.
R. Estimate of Bonded Indebtedness. The City may choose to sell bonds
'
in an amount not to exceed $3,080, 000 to finance the public costs authorized by the
Plan for TIF District No. 3 -1. The City may sell general obligation bonds to finance
construction of Dell Road, T.H. 101 and T.H. 5 . The City may also enter into a
,
"pay -as- you -go" revenue obligation with the developers of industrial facilities to
reduce their special assessment obligations.
S. Original Tax Capacity and Tax Increment . Pursuant to section 469.177,
'
subd. 1 of the TIF Act, the original tax capacity for TIF District No. 3 -1 is
$464,348. Each year the Hennepin county auditor will measure the increase or
decrease in the total tax capacity of property in the TIF district. Any year in which
'
the tax capacity of TIF District No. 3 -1 exceeds $464,348, an increment will be
payable to the City. Any year in which the tax capacity is below $464,348, no value
will be captured and no increment will be payable to the City.
Each year after the certification of the original tax capacity, the county
auditor will increase or decrease the original tax capacity of property within TIF
District No. 3 -1 as a result of:
1. change in the tax exempt status of the property;
2. reduction or enlargement of the geographic boundaries of the TIF
'
District; or
3. reduction of valuation by means of a court - ordered abatement,
stipulation agreement, voluntary abatement made by the assessor or auditor
or by order of the Minnesota commissioner of revenue.
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CE130 -34
In addition the auditor will adjust the original tax ca capacity of the p roperty
� p y p perty
within TIF District No. 3 -1 in compliance with the requirements of section 469.177,
' subd. 1(f) of the TIF Act.
T. Duration of the TIF District In accordance with section 469.176, subd
1 of the TIF Act, the City wishes to retain its right to receive TIF payments until
nine years from the date of the receipt of the first increment, or 11 years from the
date of approval of the Plan, whichever first occurs.
L�
F
U. Estimate of Captured Tax Capacity. Pursuant to sections 469.175,
subd. 1 and 469.177, subd. 2 of the TIF Act, the estimated net captured tax
capacity of TIF District No. 3 -1, will be $410,000 after January 2, 1995, for taxes
payable in 1996. The captured tax capacity was estimated in the following manner:
Tax Capacity on January 2, 1995 $ 874,348
Original Tax Capacity -464,348
Captured Tax Capacity 410,000
Pursuant to section 469.177, subd. 2 of the TIF Act, it is found and declared
that all of the captured tax capacity generated by TIF District No. 3 -1 is necessary
to finance or otherwise make permissible expenditures authorized by section 469.176,
subd. 4 of the TIF Act. _
V. Estimated of Impact on Other Taxing Jurisdiction In is anticipated that
$540,330 in increment will be captured annually within TIF District No. 3 -1. This
increment amount is based on the value of the development on January 2, 1995, for
taxes payable in 1996. For the purposes of estimating increment during the life of
TIF District No. 3 -1, no inflation has been assumed in the value of the new
development. The composite tax capacity rate for the affected property is currently
131.788 percent. Applying the percentage of the total tax capacity rate attributable
to each taxing jurisdiction to the annual increment of $540,330 reveals the annual
"loss" of tax dollars by each jurisdiction if the projects would have occurred without
TIF. Although the City believes the actual impact on other taxing jurisdictions is
zero because development would not have occurred within the reasonably foreseeable
future without public intervention, the assumed amount of tax dollars foregone by
each jurisdiction is listed below:
Percent of Tax Increment Attributable
to Various Taxing Jurisdictions
Tax $ of Total
Capacity Tax Est. Tax
Taxing Jurisdiction Rate Capacity Loss ($)
City of Chanhassen
Hennepin County
Eden Prairie School District
Other
25.536
37.441
62.635
6.176
TOTAL 131.788
19.4
28.4
47.5
4.7
100.0
104,824
153,454
256,657
25,395
540,330
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C8130 -36 9
W. Annual Reports. Pursuant to section 469.175, subd 6 of the TIF Act,
the City must Tile an annual financial report regarding TIF District No. 3 -1. The '
report shall be filed by July 1 of each year with the school board, the county board
and the state auditor. The report to be filed by the City shall include the following
information
1. the original tax capacity of TIF District No. 3 -1; ,
2. the captured tax capacity of TIF District No. 3 -1, including the '
amount of any captured tax capacity shared with other taxing districts;
3. the outstanding principal amount of bonds issued or other loans
incurred to finance project costs in TIF District No. 3 -1;
4. for the reporting period and for the duration of TIF District
No. 3 -1, the amount budgeted under the TIF Plan and the actual amount
expended for the following categories:
(a) acquisition of land and buildings through condemnation or
purchase;
'
(b) site improvement or preparation costs;
(c) installation of public utilities or other public improvements;
(d) administrative costs, including the allocated cost of the
City;
'
5. for properties 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 obligations, other than those reported
under clause (3) , which were issued on behalf of private entities for facilities
located in TIF District No. 3 -1.
,
In addition, the City must report annually by March 1 to the Minnesota
commissioner of revenue the following amounts for the entire municipality:
financing bonds
'
(1) the total principal amount of nondefeased tax increment
that are outstanding at the end of the previous calendar year; and
(2) the total annual amount of principal and interest payment that are due
for the current calendar year on (i) general obligation tax increment financing
bonds, and (ii) other tax increment financing bonds.
the following
r
The City must annually report to the commissioner of revenue
amounts for TIF District No. 3 -1:
(1) the type of district, whether economic development, redevelopment,
,
housing, soils condition, mined underground space, or hazardous substance site;
(2) the date on which the district is required to be decertified;
,
(3) the captured net tax capacity of the district, by property class as
specified by the commissioner of revenue, for taxes payable in the current calendar
'
year;
88869060
08130 -34 10
i
(4) the tax increment revenues for taxes payable in the current calendar
year;
(5) whether the tax increment financing plan or other governing document
permits increment revenues to be expended (i) to pay bonds, the proceeds of which
were or may be expended on activities located outside of the district, (ii) for deposit
into a common fund from which money may be expended on activities located outside
of the district, or (iii) to otherwise finance activities located outside of the tax
increment financing district; and
(6) any additional information that the commissioner of revenue may
require.
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08130 -34
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Parcels Included within TIF District No. 3 -1.
07- 116 -22 -21 -0002
07- 116 -22 -34 -0008
07- 116 -22 -34 -0009
07- 116 -22 -33 -0027
EXHIBIT A I
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1
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1
Date
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r]
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Resolution No.
Motion By Seconded By
RESOLUTION ADOPTING A DEVELOPMENT DISTRICT
PROGRAM FOR DEVELOPMENT DISTRICT NO. 3 AND A
TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 3 -1
BE IT RESOLVED By the City Council (the Council) of the City of
Chanhassen, Minnesota (the City) as follows:
Section 1. Recitals.
1.01. It has been proposed that the City establish Development District No.
3 pursuant to Minnesota Statutes 11 469.124 through 469.154 and create Tax
Increment Financing District No. 3 -1 pursuant to Minnesota Statutes 11 469.174
through 469.179 within Development District No. 3.
1.02. The Council has investigated the facts and has caused to be prepared
a development district program (the "Program ") describing the public assistance
needed within Development District No. 3 and a tax increment financing plan (the
"Plan ") describing the specific acts to be taken to assist development within the
boundaries of Tax Increment Financing District No. 3 -1.
1.03. The City has performed all actions required by law to be performed
prior to the establishment of Development District No. 3 and Tax Increment
Financing District No. 3 -1 and the adoption of a Program and Plan relating thereto,
including, but not limited to, notification of Hennepin county and the Eden Prairie
school district; a review of the Program and Plan by the planning commission for
their consistency with the general plans for development of the City; and holding a
public hearing regarding the Program and Plan upon such notice as is required by
law.
1.04. The Program and Plan are contained in a document entitled
"Development District Program, Development District No. 3 and Tax Increment
Financing Plan, Tax Increment Financing District No. 3 -1, City of Chanhassen,
Minnesota," dated May 23, 1994, and on file in the office of the City Manager.
1.05. The Council has fully reviewed the contents of the Program and the Plan
and has on this date conducted a public hearing thereon at which the views of all
interested persons were heard.
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' CH130 -11 V
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Section 2 . Findin gs Related to Establishment of Development District No. 3
2.01. The Council hereby finds that the establishment of Development District '
No. 3 is intended, and in the judgment of the Council, its effect will be to provide
an impetus for commercial development in the city, increase employment, and
otherwise promote the public purposes and objectives specified in the Program. '
2.02. It is further found and determined that:
a) The land in the Development District No. 3 would not be made available '
for development without the public intervention and financial assistance
described in the Program and Plan;
b) The Program will afford maximum opportunity, consistent with the
sound needs of the city as a whole, for the development of the District
by private enterprise; and
accordance with the findings of the planning '
C) In a g p g commission, the
Program conforms to the general plan for development of the city as set
forth in the city's comprehensive plan.
Section 3. Findings Related to Establishment of Tax Increment Financing
District No. 3 -1
'
3.01. It is the opinion of the Council that development of the properties
included within Tax Increment Financing District No. 3 -1 would not reasonably be
expected to occur solely through private investment within the reasonably
'
foreseeable future due to the lack of an adequate public investment and that the use
of tax increment financing is therefore necessary.
3.02. The Council finds that the Plan for Tax Increment Financing District
No. 3 -1 conforms to the general plan for development of the City, based upon the
recommendations of the planning commission.
'
3.03. The Council finds that the Plan for Tax Increment Financing District
No. 3 -1 will afford maximum opportunity, consistent with the sound needs of the City
as a whole, for development of the District by private enterprise.
3.04. The Council further finds that the establishment of Tax Increment
Financing District No. 3 -1 is intended, and in the judgment of the Council, its effect
will be to promote the public purposes and accomplish the objectives specified in the
'
Program and Plan.
3.05. The Council has relied upon the opinions and recommendations of its
r
staff and planning commission and the personal knowledge of the members of the
council in reaching its conclusions regarding the creation of Tax Increment
Financing District No. 3 -1.
3.06. The City Council hereby finds that Tax Increment Financing District
No. 3 -1 is an economic development tax increment financing district within the
meaning of Minnesota Statutes 1469.174, Subd. 12.
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CH130 -11 2
Section 4. Approval of Development District Program and Tax Increment
Financina Plan; Establishment of Tax Increment Financing District No. 3 -1
t 4.01. The Program for Development District No. 3 and the Plan for Tax
Increment Financing District No. 3 -1 are hereby approved and adopted. Tax
Increment Financing District No. 3 -1 is hereby established.
4.02. The boundaries of Development District No. 3 and Tax Increment
Financing District No. 3 -1 are described in the Program and Plan therefor and are
' incorporated herein by reference.
4.03. The City elects to be governed by Minnesota Statutes 1 469.177, Subd.
' 3(a), with regard to fiscal disparities for Tax Increment Financing District No. 3 -1.
4.04. The City Manager is authorized and directed to transmit a certified copy
of this resolution together with a certified copy of the Plan to the auditor of
' Hennepin county with a request that the original tax capacity of the property within
Tax Increment Financing District No. 3 -1 be certified to the City pursuant to Section
469.177, Subd. 1 of the Tax Increment Financing Act and to file a copy of the
Program and the Plan with the Minnesota department of revenue.
4.05. The City may, at the appropriate time, take action to issue and sell its
general obligation bonds pursuant to the Tax Increment Financing Act to finance the
' costs identified in the Plan for Tax Increment Financing District No. 3 -1.
DATED: May 23, 1994
Donald Chmiel, Mayor
ATTEST:
I Donald Ashworth, City Clerk /Manager
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