CR 93-27 School Tax Reimbursement
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January 14, 1993 Council Report 93-27
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REQUEST FROM SCHOOL DISTRICT
FOR TAX INCREMENT REIMBURSEMENT
Proposed Action.
Staff recommends approval of the following: "Adopt Resolution 93-15
approving payments from TIF District 1-1 to Independent School District 270
for the period 1991-1995, attributable to the increase in local tax rate due
to the Nov. 6, 1990 School levy referendum, subiect to staff conditions."
This motion will give staff approval to process the requested payments for
Independent School District 270.
overview
Minnesota Statute 469.177 authorizes the School District to request payment
from TIF Districts created before May 1, 1988, of the portion 9f the increase
in the tax rate due to a referendum levy. Hopkins has two such districts:
No. 1-1 and No. 2-l.
Independent School District 270 has submitted a letter requesting payment of
Ta~ Increment which. is attributed to the increase in the tax capacity rate
under the Nov. 6, 1990 School levy referendum. This request also includes a
resolution of the School Board dated September 13, 1991. If the HRA
~olution is approved, payments may be provided for the length of the
\ .erendum, which is 5 years.
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~he request is for payment from taxes payable 1991 and 1992. The School
District will be making an identical request for the remaining years of the
referendum thru 1995 based on an annual billing from the School District.
Based upon staff's recommended conditions the School District will not
receive any payments for 1991 and 1992.
Primary Issues to Consider
0 Does State Statute require the HRA/city to make payment to the School
District?
0 What is the amount of funds attributable to the levy?
0 Does the School District annually receive the amount of funds to be
raised by the levy?
0 What are the staff conditions?
0 What are the specifics as relates to the staff formula for calculating
funds to be paid to the School District?
0 Why is staff recommending approval of this item?
0 Have other cities agreed to make these payments to the School District?
0 What options are available to the City/HRA on this matter?
Supporting Information
. 0 ution 93-15 0 Letter from School District
0 01 Board action 0 Hennepin County'TIF calculation
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James g & Economic Development Director
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Council Report 93-27
4111J001 District Request.
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primary Issues to Consider
Based on the action recommended the HRA has the following issues to consider:
Does state statute require the HRA/city to make payment to the School ,
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District? . .
. Staff had received an opinion from legal counsel in December, 1990, that
the HRA/City is required to make payment to the School District from TIF
District 2-1. state statute requires that if there are no outstanding
,bonds in a TIF District prior to May 1,1988, as in District 2-1, that
the HRA/City is required to pay the School District the amount of Tax
Increment attributable to the tax rate increase due to the referendum.
This equals a payment of $16,373.67 for 1991 and 1992 combined.
State statute requires that if there are outstanding bonds in TIF
District, such as inTIFDistrict 1-1, the HRA/City is not required to
make payment. However, by resolution, the City/HRA can elect to honor
the request of the School District. Staff is recommending approval of a
possible payment from TIF District 1-1, even though it is not required
by State Statute based on a formula proposed by staff.
.. What is the amount of the funds attributable to the levy?
Attached is a letter from Hennepin County which identifies an in-depth
calculation of the amounts being requested from TIF District 2-1 and 1-1
for 1991 and 1992. Thesecalculatlons detail the total tax increment
generated as a result of the levy.
0 Does the School District annually receive the amount of funds to be
raised by the levy?
The 1990 Special Operating Levy as approved allows for the School
District to collect $3,941,632 annually. The period of this special
levy is 1991 through 1995. The Hennepin County Assessors Office sets
the net tax capacity rate annually based on the overall tax capacity of.
the School District to ensure that the School District does receive the
amount that was in the levy. However, this formula does not reflect
delinquencies in tax payments and tax abatements which occur during the
subject year. As.a result, the amount that the School District receives
based on this referendum could be somewhat, less than the $3.9 million.
However, they do have the ability to levy the following year for an
additional amount to reimburse them for any deficits that occurred in
the prior year.
. In the information recently received from the School District their
calculations detail that for 1991 and 1992 they did receive the total
dollars attributable to the 1990 referendum. However, they are
projecting a shortfall of approximately $200,000 for 1993.
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Council Report 93-27
~OOl District Request
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0 what are the staff conditions?
1) That the payment provided to the School District for excess tax
increments from TIFDistrict1-1 for the 1990 School District
referendum be calculated annually as follows:
Total tax capacity for City of Hopkins
~ Total tax capacity for School District 270
x Amount less than 3,941,632 attributable to 1990 levy as
received by School District 270 during calendar year
= Gross Total
- 5% administrative fee to be retained by HRA
= Total to be provided.by City
OR
Total TIF attributable to 1990 bond levy, whichever is less
2) The School District provides an annual billing to theCity/HRA for
payment due from both TIF District 1-1 and 2-1, .based on
information prepared by the Hennepin County Department of Property
. Tax and Public Records. This billing shall be provided by February
15 following the year of the .amount requested.
0 What are the specifics as relates to the staff formula for calculating
funds to :be paid to. the school District. . I
It was apparent at the last HRA meetirigthatthere was definite.concern
on the part of the Board concerning payment of all of the tax increments
generated as a result of the 1990 levy to the School District. It was
clear this apprehension related to a concern that the City/HRA has a
number of redevelopment projects that are being discussed and that all..
of the tax increments that will be generated within TIFDistrict 1-1 may
be required to complete.these activities.
The School District's argument for receiving these excess funds relates
to the. fact that without the special levy these increments would not
exist. They therefore feel that they are entitled to any such
increments attributable to the referendum.
The formula as detailed as a.condition for HRAlcouncil approval was
formulated by Community Development staff to act as a compromise '
position. Under this formula the School District would receive a
portion of the .tax levy attributable to the referendum, but not the
entire amount as originally requested. Ken Zastro has stated that the
School District would still take the position that they would like .to
. receive all of the excess tax increment but would be agreeable to a
payment based on the formula developed by staff~
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Council Report 93-27
~OOl District ReqUest
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If the CounciljHRA adopted the staff recommendation the proposed formula
would not require any payment to the School District for 1991 or 1992 as
they received the total amount of funds proposed to be received. For
1993 the School District is estimating that they will collect
approximately $200,000 less than the levy amount set in 1990. If this
shortfall actually occurs, the amount to be paid by the City would be
calculated based. upon the staff formula as follows:
$16,086,000 (Total tax capacity for City of Hopkins)
,. $67~365.000 (Total tax capacity for School District 270)
24%
24% x $200,000 (Difference between $3,941,632 attributable
to 1990 levy and amount received equals:)
= $48,000 (Gross payment to the School District)
- $2,400 (5% Administrative fee to be paid to HRA)
= $45,600 (Net amount to .be provided to School
District)
. As stated previously, in no case would the City provide a payment in
excess of the total amount of tax increment attributable to the 1990 tax
. levy. Based on 1991 and 1992, for 1993 this' would be approximately
$55,000.
0 Why is staff recommending approval of this item?
Staff is recommending approval of the School's request for the following
reasons:
0 Maintain a positive relationship between the City and School
District.
0 The tax increments as requested are due to the School District
referendum.
0 Public concern expressed regarding the use of Tax Increment and how
it affects the School District levy.
0 Have other cities agreed to make these payments to the School Distri~t?
School District 270 has made similar requests to the cities of Golden
Valley and Plymouth. It appears that neither city is planning to
approve this request. The City of Plymouth has denied the School
District's request, and the City of Golden Valley has not yet responded,
but their Finance Director has stated staff will probably recommend
- denial.
Mr. Ken Zastrow, Director of Business Affairs for the School District,
did note that the City of st.Louis Park has agreed to pay the st. Louis
Park School District the requested amount.
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council Report 93-27
411J001 District Request
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0 What options are available to the city on this matter?
The staff has detailed a variety of alternatives available to the
council/HRA. The extremes are either to provide the School District
with no payment or with a payment equivalent to all of the tax increment
generated from the special levy. A third position would 'be to provide a
payment between these two extremes. This is the alternative being
. proposed by staff. There" is the ability to devise a formula other than
what is proposed by staff to calculate the amount of payment. This
could be discussed bytheCouncil/HRA if they feel it would be,
appropriate.
Alternatives
TheHRA/CityCouncil has :the following alternatives regarding this issue:
1- Approve Resolution 298 as recommended by staff. with this action,
the city will make payment to the School District from TIF District
1-1 attributable to the 1990 School District special operating
levy.
2. Deny the action' as recommended by staff., The HRA has the
. discretion under. State Statute to take this action.
3. continue for additional information.
4. Agree to provide the School District with the entire amount of TIF
generated as a result of the referendum. This would be in excess
of what is recommended by staff. A resolution is attached if bhe
CounciljHRA wishes to follow this action. This resolution includes
a 5% retainage for administrative costs.
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CITY OF HOP.KINS
. Hennepin County, Minnesota
RESOLUTION 93-15
APPROVING PAYMENT OF TAX INCREMENT
FROM TIF DISTRICT NO. 1-1 ATTRIBUTABLE
TO SCHOOL REFERENDUM LEVY
BE IT RESOLVED by the City council of the City of Hopkins,
Minnesota as follows: .
section 1. Recitals.
1.01. The City council in and for the City of Hopkins is
administering Tax Increment Financing District No. 1-1 ("TIF
District") within the City, which district was certified before
May 1, 1988.
1.02. Tax increment from the TIF District is pledged to
the City's $2,145,000 General Obligation Redevelopment Bonds,
Series 1988A ("Bonds"), which Bonds were issued by resolution
dated April, 26,1988.
1. 03. Independent School District No. 270 (nSchool
District") has requested, by majority vote of its governing body,
'.. that the Housing and Redeve.lopment Authority ("Authority") pay to
the School. District the tax increment from the TIF District
attributable to the increase in local tax rate under a referendum
levy approved on November 6, 1990 (the "School Levy Increment"),
pursuant to Mihn. stat. section 469.177,Subd. 10 (the "Act").
.. . 1.04. Pursuant to the Act, the Authority must pay.the
School Levy Increment to the School District upon approval by a
majority vote of both the School District and the City Council.
1.05. The Authority finds that it is in the. best
interests of the Authority and the School District for the
Authority to pay the School a portion of the Levy Increment.
.Section 2. Payment Approval. .
2.01. . The City Council hereby approves payment to the
School District pursuant to the Act the following: the lesser of
a) the School Levy Increment collected by the 'Authority in
years 1991 through 1995, inclusive, less a 5% administrative
fee retained by the Authority; or
b) a portion of the School Levy Increment collected by the
Authority in years 1991 through 1995, inclusive, based on
. the following formula calculated each year:
Total . tax capacity for the city of Hopkins (as of
January 2 of year preceding the relevant tax.increment
collection year)
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RESOLUTION 93-15
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Total tax capacity for the School District '(as of
January 2 of the year preceding the relevant tax
increment collection year)
x ($3,941,632) - (amount received by School District that
year from the school levy)
= Gross Amount
- 5% of Gross Amount retained as an Authority
administrative fee
= Net Payment to School District
Be it further resolved that payment shall only be
made based upon an annual billing request from School District
No. 270. Such warrant request shall be based on information
prepared by Hennepin County Department of Property Tax and Public
Record. Such billing shall be provided by February 15 of the
following year for which the request is being made.
2.02. The Authority is authorized and directed to take
.. all action necessary to effectuate timely payment of the School
'II' Levy Increment.
Approved by the City council of the City of Hopkins,
Minnesota this 2nd day of March, 1993.
Nelson W. Berg, Mayor
Attest:
James Genellie, City Clerk
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CITY OF HOPKINS
.,,- Hennepin county, Minnesota
, ' RESOLUTION 93-15
APPROVING PAYMENT OF TAX INCREMENT
FROM TIF DISTRICT NO. 1-1 ATTRIBUTABLE:
TO SCHOOL REFERENDUM LEVY
BE IT RESOLVED by the City council of the City of Hopkins,
Minnesota as follows:
Section 1. Reoitals.
1.01. The City Council in and for the City of Hopkins is
administering Tax Increment Financing District No. 1-1 ( "TIF
District" ) wi thin the ci ty , which district 'was certified before
May 1, 1988.
1. 02 . Tax increment from the TIF District is pledged to
j the Ci.ty's $2,145,000 General Obligation Redevelopment Bonds,
Series 1988A ("Bo~ds"), which Bonds were issued by resolution
dated April 26, 1988.
1.03. Independent School District No. 270 ("School
. District") has requested, by majority vote of its governing body,
that the Authority pay to the School District the tax increment
from the TIF District attributable to the increase in local tax
rate under a referendum levy approved on November 6, 1990 (the
"School Levy Increment"), pursuant to Minn. Stat. Section
469.177, Subd. ~o (the "Act").
1.04. Pursuant to the Act" the Housing and Redevelopment
Authority ("Authority" ) must pay the School Levy Increment to the
School District upon approval by a majority vote of both the
School District and the City Council.
1.05. The city Council finds that it is in the best
interests of the Authority and the School District for the
Authority to pay the School a portion of the Levy Increment.
Section 2. Payment Approval.
2.01. The city council hereby approves payment of the
tax increment from TIF District 1-1 attributable to the 1990
School Levy Increment to the School District pursuant to the Act
on an annual basis for the period 1991 through 1995.
Be it further resolved that payment shall only be
made based upon an annual billing request from School District
No. 270. Such warrant request shall be based on a calculation
. prepared by Hennepin County Department of Property Tax and Public
Record.
Be it further resolved that the HRA shall withhold
on an annual basis 5% Administrative fee from the proceeds to be
provided to School District 270.
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RESOLUTION 93-15
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2.02. The City.. Council is authorized and directed to
take all action necessary to effectuate timely payment of the
School Levy Increment.
Approved by the City . Council of the City of Hopkins,
Minnesota this 2nd day of March, 1993.
Nelson W.Berg,Mayor
Attest:
I James Genellie,CitYClerk.
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