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1e Resol Addl Pooling AuthorityCITYOF CHANHASSEN 1 Cig Center Drive, PO Box' 147 'hanhassen, Minnesota 55317 ?bone 612.937. I900 General tax 612 937. 5739 ~gitzeering Fax 612.937.9152 ,.b/it 8afeq Fax 612.934.2524 i'~eb wwu: d. cha~hasset~, m~, ~s TO: FROM: DATE: SUB J: MEMORANDUM Mayor City Council Scott A. Botcher, City Manager Augnst 7, 2000 Resolution Authorizing Request for Additional Pooling Authority You'll find on your agenda this evening a resolution that staff is requesting you pass authorizing staffto prepare and submit all documentation necessary to obtain permission to pool tax increment within the city. If you recall, we had a similar discussion about this last year and decided not to pursue additional pooling authority. At that point in time, the improvements on Highway 101 were much more uncertain. Leaving the monies in the Hennepin County District made sense, in case some resolution on the Highway 101 issue was forthcoming. If that had occurred, these dollars could have gone for the city's share of improvements on this roadway. Moving forward a year, it is apparent that improvements acceptable to the City of Chanhassen will be forthcoming in the near term. That being said, it is in our best interests at this point to pool the dollars from the Hennepin County District so as to not potentially lose them in the future. We have had many discussions with financial and legal advisors about the fund balance that exists in the Hennepin County District. At this point we have been unable to come up with a method by which we could transfer the fund balance from the Hennepin County District to other tax increment uses xvithin the community. However, we are able to pool current year revenues from districts with surplus balances to those with deficit balances. This accomplishes two things. First it will allow us to apply these revenues to qualified uses in districts where deficits exist, and secondly, it will stop an unnecessary increase in the fund balance for the districts with positive balances. These balances may in all probability be distributed among all the taxing authorities having jurisdiction over a specific district. That means that these dollars may end up being divided between the schools, counties, Metro Council, and other taxing jurisdictions instead of being applied wholly to the benefit of the City of Chanhassen. With that sketch, I would request that the Council approve the resolution authorizing staff to apply for additional pooling authority. Thank you. c: Bruce DeJong, Finance Director Todd Gerhardt, Assistant City Manager Don Ashworth, Economic Development Director e City ofChanhasse~t. A growinz community with clean lakes, ,uality sc/~ools, a cha.,i,g downtown, thrivin~ businesses, atzd beautiful vat'ks. A ereat ol~ce to live, work, and vlav. H A RTER E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://w~vw, kennedy-graven.com RONALD H. BATYY Attorney at Law Direct Dial (612) 337-9262 Email: rbatty~kennedy-graven.com July 28.2000 Mr. Scott Botcher City Manager City of Chanhassen 690 City Center Drive Chanhassen MN 55317-0147 RE: Resolution Regarding Additional Pooling Authority Dear Scott: Enclosed is the resolution to be adopted by the city com~c'il authorizing staff and consultants to prepare the forms necessary to submit a request for additional pooling authority to the depat~nent of revenue. Very truly yours, Ronald H. Batty RHB:lh RHB- 183820v 1 (IH 130-o6 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date Motion By Resolution No. Seconded By RESOLUTION AUTHORIZING REQUEST FOR ADDITIONAL POOLING AUTHORITY Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, section 469.1763, subd. 6, the City of Chanhassen ("the City") is authorized to apply to the Minnesota Department of Revenue (the "Department") for additional authority to pool increment among qualifying tax increment districts. Section 2. Authorization to Apply for Additional Pooling Anthorit¥. 2.01. City staff and consultants are hereby authorized to prepare and to submit to the Department all forms and other documents required by the Department in order to obtain permission to pool tax increment within the City. Said documents include, but are not limited to, the "20(X) Application Ik~r Additional Pooling Authority" form which must be returned by September 1, 2000 and the "Payable 1999 TIF Property Net Tax Capacity Loss Report" forn~ which is due on September 15, 2(X)0. 2.02. City staff and consultants are also authorized and directed to take any and all other actions necessary to obtain permission from the Department to pool additional tax increment within the City in order to carry out the intent of this resolution. DATED: ., 2000. ATTEST: Nancy Mancino, Mayor Scott Botcher, City Clerk/Manager RHB-183762vl C11130-66