ld App of Tax Incre Financing
irL
MEMORANDUM
TO:
Mayor and Members of the City Council
FROM:
Ron Batty, TIP Attorney
DATE:
March 24, 2000
RE:
First Amendment to TIP Plan, TIP District No. 3-1
Enclosed is a short modification to the plan regarding TIP District No. 3- 1. The original
plan, which was adopted in 1994, authorized the expenditure of up to $2,660,000 on "roadway
improvements" with regard to CSAH 101 and TH 5. At that time it was impossible to be more
specific regarding the elements of the improvements which the city may construct through the use
of tax increment. A short modification is proposed to clarify the types of improvements which the
city may wish to pursue. This is being done, in part, to address any concerns which may come fÌ'om
the office of the state auditor (OSA). The OSA has become increasingly likely to find fault with the
budgets in TIP Plans. I would like to avoid any misunderstanding as to what the city intended when
it authorized roadway improvements by specifying the elements which may be included. Because
we still cannot identify specific dollar amount associated with each of these elements, the First
. Modification simply authorizes the expenditure of up to the full $2,660,000 for any or all these
elements.
With the exception of the above clarification, there are no changes being made to TIP
District No. 3-1 through this First Amendment. As a result, it is possible to adopt this modification
pursuant to Minnesota Statutes, section 469.175, subd. 4 without going through the notice and
hearing requirements normally associated with the adoption or modification of a TIF plan.
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FIRST MODIFICATION TO
TAX INCREMENT FINANCING PLAN,
TAX INCREMENT FINANCING DISTRICT NO. 3-1
CITY OF CHANHASSEN, MINNESOTA
March 27, 2000
This document drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 5~02
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First Modifieation of Tax Increment Financing Plan.
TIF District No. 3-1
A. Backm'ound. On May 23, 1994, the city of Chanhassen (the "City") approved a Tax
Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 3-1 (the "TlF
District"). Hennepin County certified the originaJ net tax capacity of the land within TIF District
No. 3-1 on April 4, 1995. Since that time, the City has carried out some but not all of the activities
originally contemplated and authorized in the TIF Plan. The purpose of this First Modification is to
clarify the elements of the public improvements which may be constructed in connection with the
authorized roadway improvements to CSAH 101 and T.H. 5.
B. Budget Clarification. The budget contained in the TIF Plan authorized the expenditure of up
to $3,695,000 fÌ'om tax increment, including $2,000,000 for roadway improvements to CSAH 101
and $660,000 for roadway improvements to T.H. 5. It is not the intent of the City to modify those
budget amounts. The City intends only to describe with more particularity the types of
improvements which may be funded within the scope of the previously authorized roadway
improvements. Roadway improvements to be constructed in connection with CSAH 101 and
T.H. 5 may include any or all of the following specific elements:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
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pedestrian trail or sidewalk;
landscaping;
lighting;
retaining walls and/or fences;
sanitary sewer extensions;
watermain extensions;
underground placement of utilities;
storm sewer;
contributing leg costs of traffic signals; or
any other similar element.
1
-
It is not possible at this time to assign specific dollar amounts to each of the above elements. The
City reserves the right to expend up to the full amount of $2,660,000 previously authorized by
dedicating any amount to each element as deemed necessary by the City to complete the project so
long as the total expenditure does not exceed the previously authorized maximum. Administrative
expenses, which were previously budgeted at a total of $220,000, may be spent on preparing plans
and specifications or any other authorized administrative expense on any of the above elements in
any amount deemed necessary by the City to complete the project so long as the total of
administrative expenses does not exceed the previously authorized maximum.
c. No Additional Modifications. With the exception of the clarification of the amounts
previously budgeted contained in Section B above, there are no changes or modifications to the TlF
Plan intended to be made by this First Amendment. There are no modifications of the type
specified in Minn. Stat. § 469.175, subd. 4 which require that this First Modification be adopted
only after notice and hearing as was required for the adoption of the original TIP Plan.
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Date
Resolution No.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Motion By
Seconded By
RESOLUTION ADOPTING FIRST MODIFICATION TO TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRlCTNO. 3-1
Section 1.
Recitals.
1.01. The City approved the establishment of Tax Increment Financing District No. 3-1 (the
"TIF District") and adopted a Tax Increment Financing Plan related thereto (the "TlF Plan") on May
23, 1994. The TIF Plan authorized the expenditure of up to $2,660,000 in tax increment fÌ'om the
TlF District for roadway improvements related to CSAH 101 and TH 5.
1.02. The City wishes to clarify the types of improvements which might be funded through
the use of tax increment related to the roadway improvements for CSAH 101 and TH 5 without
increasing or decreasing the total amount of authorized expenditureS.
Section 2.
Adoption of First Modification to TIF Plan.
2.01. The First Modification to the TlF Plan for TIF District No. 3-1, which is dated of even
date herewith, is hereby adopted. The First Modification contains a clarification of the types of
improvements which may be undertaken by the City through the expenditure of tax increment fÌ'om
TIF District No. 3-1 as previously authorized in the originaJ TIF Plan. Nothing in the First
Modification is intended to authorize expenditures for project costs or administrative expenses in
addition to those amounts previously authorized in the original TIF Plan.
2.02. Except with regard to the clarification of the budgeted amounts previously authorized,
the TlF Plan remains unchanged. Nothing in this First Modification is intended to enlarge the
geographic area of the TIP District, increase the amount of bonded indebtedness to be incurred,
increase the portion of the captioned tax increment to be retained by the City, increase the total
estimated tax increment expenditures or designate additional property to be acquired by the City in
connection with the project.
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v:-
I,;
DATED: March 27, 2000
ATTEST:
Scott Botcher, City Clerk/Manager
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Nancy Mancino, Mayor