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1l. Chanhassen Special TIF Legislation C ITV OF CHAHHASSEN ii. _. 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 TO: Don Ashworth, City Manager Action by City Adrnlnlstmtor Endorsed ./' B.vJt Modified~ Rejected Date~ -15 -!1i Date Submitted to Co~~ MEMORANDUM FROM: Todd Gerhardt, Assistant City Manager Date Suh~j[ted to Council B - /0 .17 DATE: March 5, 1997 SUBJ: Chanhassen Special TIP Legislation Attached is the special legislation for the Villages on the Ponds project (see Attachment #1). The proposed legislation would establish a housing tax increment financing district to assist with the city's affordable housing goals and the Livable Communities Act. The special rules that we are requesting a change to are outlined in the memo from Mark Ruff to me (see Attachment #2). I would also like to highlight Mark's last paragraph where he states, "The city is in complete control of how much increment the development will be offered and the duration and form of the assistance. " Staffwill be prepared to answer any questions the city council may have regarding this item at Monday's meeting. ATTACHMENTS 1. Special legislation. 2. Memo from Mark Ruff dated March 3, 1997. G:\admin\tg\villagespond.doc MAR 03 '97 05:34PM EHLERS & ASSOCIATES P.2/4 BI"'~~I~ LEADUIS IN PUBliC FINANCE March 3, 1997 TO: Todd Gerhardt, City of Chanhassen FR: Mark Ruff RE: Special Legislation for Village on the Ponds Tax Increment District Ron Batty of Kennedy & Graven has redrafted the proposed special bill for the exemptions from certain tax increment provisions for the Village on the Ponds project. This memorandum is intended to explain the specific language and general philosophy behind the bill. In general, the Livable Communities program concentrates upon keeping the price of housing affordable, but does not require cities to set aside certain numbers of units for a specific income range of residents. The tax. increment law for housing focuses on incomes of residents without much regard to the price (i.e. rents or sales levels). This bill attempts to merge the tax. increment and Livable Communities with maximum flexibility to the City and the developer. Specifically, this bill enables the City to direct tax increments from the retail portion and market rate housing to write down the costs of the for-sale and rental units. No tax increment can be used to benefit the retail or market rate housing. Up to 30% of the district can contain retail, instead.ofthe 20% under current law. The affordability limitations include the following: .. At least 35% of the single family housing must meet Livable Communities limits (currently $120,000) for sales prices and federal rust-time homebuyer requirements for incomes (currently $57,000 for families of lor 2 and $65,000 for families of three or more). ~ At least 30% of the rental housing units must have rents which do not exceed 30% of the income of a family of four at 50% of median income (currently rents of $716 for two bedrooms). We have not attached any limits to the incomes of the rental housing occupants. Other specific changes include: 1. The duration of the tax increment district is limited to 15 years of inorement. 2. The City is not required to make a local contribution to the project of 10% of the annual increment to avoid the LGAlHACA penalty. 3. Parcels in green acres are allowed to be included in the district. 4. The specific but/for test finding no other types of development would occur on this site absent tax increment is not included. 5. Increment can be used for typical qualified costs (land, public improvements, and site improvements) as well as actual construction costs. It is important to remember that this special bitt is an authorization only. The City is in complete control of how much increment the development will be offered and the duration and form of that assistance. The City may also want to consider changing the special bill to increase the allowable length of the district to 20 years to provide for modifications to this district for other Livable Communities project. Please call with questions or comments. OFFICES IN MINNEAPqLlS, MN AND BROOKFIELD, WI /1" I. 'f:#2- 2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402-4100 fllfttdJl11t# Telephone 612-339-8291 . FAX 612-339-0854 .---::::::::::= BE IT ENACTED BY THE LEGISLA11JRE OF TIIE STATE OF MINNESOTA: Section 1. [HOUSING DEVELOPMENT.] Subdivision 1. [AUTHORIZATION] The housing and redevelopment authority in and for the city of Chanhassen may establish a housing tax increment financing district in the city of Chanhassen to further compliance with the affordable housing goals fOT the city under Minnesota Statutes. Sections 473.25 to 473.254 (commonly known as the "Livable Commwlities Act"). Subdivision 2.[SPECIAL RULES] (a) A tax increment fmancing district established under the authority of subdivision 1 is subject to Minnesota Statues, Sections 469.174 through 469.179, except as provided in this subdivision. (b) Notwithstanding Minnesota Statutes. Section 469.174, subdivision 11, the fair market value of the improvements which are constructed for uses other than housing may consiSt of not more than 30 percent of the total fair market value of the planned improvements in the development plan or agreement. ( c) Notwithstanding Minnesota Statutes, Section 469.1761, for owner occupied residential property, 35 percent or more of the housing units must be initially purchased for a price not to ex.ceed price limits for owner-occupied housing units established from tiIne to time by the metropolitan council pursuant to the Livable Communities Act and 3S percent or more of the housing units must be initially occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code; and for residential rental property, at least 30 percent of the residential units must have rent levels which do not exceed 30 percent of 50 percent of monthly area median gross income, unadjusted for family size. (d) Notwithstanding Minnesota Statutes, Section 469.176, subdivision 1 b. the duration of ^ a tax increment financing district created under this section shall be no more than 15 years from. the receipt of the first tax increment by the authority. (e) Minnesota Statutes, Section 273.1399 shall not apply to a tax increment financing district created under this section if the city or authority receives funding from the metropolitan council's Local Housing Incentives Account for improvements within the taX increment financing district boundaries. (f) Minnesota Statutes. Section 466.176, Subdivision 7 shall not apply to a tax increment financing district created under this section. (g) Minnesota Statutes. Section 469.175, Subdivision 3, clause 2 shalI not apply to a W\. increment fmancing district created under this section. (h) Notwithstanding Minnesota Statutes, Section 469.176. Subdivision 4. the authority may use revenues derived from tax increments from a tax increment financing district created under this section for any costs. including costs of construction and related public improvements~ associated with the housing facilities that meet the requirements of this section. RlmllSS72 Ol':l.30-U 1 /8 3~'dd 0t861.88C;tS'GI N3^'d~~ ~ ^G3NN3~'WO~d 80'C;t 1.6-S0-~'dW Section 2. [APPROVALS REQUIRED]. Subdivision 1. [CERTIFICATION OF DISTRICT] The authority must request certification for a tax increment financing district created under this section, prior to December 31, 1998. Subdivision 2. [EFFECTIVE DA TEl This act is effective upon approval by the governing body of the city of Cbanhassen pursuant to Minnesota Statutes, Section 645.021. RHBl18572 Cl:lJ.30-63 2 p/p 3~'dd 01E:Sl.E:E:C;19'OI N3^'d~~ ~ ^03NN3~'WO~d E:0'C;1 l.S-S0-~'d~ March 4, 1997 QUESTIONS AND ANSWERS REGARDING PROPOSED NEW LEGISLATION ENABLING THE CREATION OF A TIF DISTRICT WITHIN VILLAGE ON THE PONDS Q' What is the purpose of the legislation? A: To enable Villages on the Ponds Housing to meet the City's Livable Community Commitment. Q Whv is it necessary to change the law? A: 1 The rent and/or purchase price, ifit is in the "affordable" category does not support the cost to construct the units It is only with some type of assistance that the "affordable" rent/sale prices can be made available. 2. One of the few methods available for providing the necessary assistance is through tax increment financing (TIF) However, recent legislation prohibits the creation of a TIF District on land which has previously been classified as Green Acres. The land was "green acred" by the present owners' predecessor. The limiting legislation was enacted to prevent good farmland from being converted to commercial use. 3 . Two exceptions have been approved by the legislature, one relating to specific manufacturing usage and one for a qualified housing district. Neither of these exceptions provide a flexible alternative appropriate for this project. Q Will the proiect work without the TIF District? A: Yes, but the rents and the sales prices will be at market rates and therefore will not met the Livable Community Criteria. Q What is the substance of the legislation? A: 1 It is drafted to apply to Chanhassen only. 2. It gives the Chanhassen HRA the option of creating a TIF District. This QI questic Q: A. Q. A. 3. Since the buildings in which the rental units will be located will have the first floor devoted to retail use, the legislation recognizes that situation at Subdivision 2,B. 4. Subdivision 2,C ties the 35% goal for owner occupied units to the price limits established by the Met Council for qualifying as "affordable" and it establishes the income guidelines for purchases. This subdivision also establishes the requirement that 30% of the rental housing must have rent of no more than 30% of 50% or less of the gross median income per month, unadjusted for family size. This means, for example, that if the area's median income is $57,000, the rent cannot be more than 30% of 50% of that amount, or $6,000 per year ($716 per month). 5. The life of the District will be 15 years. 6. Under this proposal there will be no LGNHACA penalty to the City. 7. While the taxes derived from both the retail and the non"affordable" units within the buildings within the District may be used to create the increment pool available, the increment can only be used to benefit those unit which qualify as "affordable." WhY was the formula set forth at Sub. 2.C.. created and/or why would other formulas not meet the City's needs? The goal is to give the City the needed controls to meet the Met Council rental guidelines without all of the other governmental regulations which are not only confusing, but also fail to provide adequate flexibility to either the City or the developer in meeting the Met Council and the City's goals. Does the City receive any direct income/benefit? Yes, the City can charge an administrative fee to cover the cost of public safety and other services provided to the project. tion and Answer sheet was prepared by Lotus Realty Services, Inc. For comments or please call at 934-4538.