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78-73 . .< . --j , 4-.j'i e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date: December 18 , 1978 Motion by Councilman Geving Resolution No. 18-73 Seconded by Councilman ~laritz Approving the Redevelopment Plan, the Method of Financing, the Feasibility of Relocation and the Use of Tax Increment Financing in the Chanhassen Downtown Redevelopment Project as Modified. WHEREAS, the Chanhassen City Council has received from the Chan- hassen Housing and Redevelopment Authority a duly certified copy of a resolution of that body dated December 18 , 1978, which resolution modifies the Chanhassen Downtown Redevelopment Plan which was previously approved by the Chanhassen City Council by its resolution dated December 19, 1977; and WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out redevelopment projects; and e WHEREAS, it is desirable and in the public interest ..that the Housing and Redevelopment Authority in and for the City of Chanhassen (herein called the "Local Public Agency") undertake and carry out a Redevelop- ment Project identified as Chanhassen Downtown Redevelopment Project and encompassing the area which is more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Local Public Agency has explored the availability of federal financial aid from said Department of Housing and Urban Development under said Act to carry out said Chanhassen Downtown Development Project, and the said federal agency offers little pros- pect for such aid; and WHEREAS, the Local Public Agency is not precluding the possibility of some eventual federal aid for the Chanhassen Downtown Redevelop- ment Project, but recommends that the project be undertaken as rapidly as possible and be financed with local funds to the extent federal aid is not available; and e WHEREAS, in connection with the undertaking of a Redevelopment Project by the Local Public Agency pursuant to the Minnesota Municipal Housing and Redevelopment Act, Laws of Minnesota 1947, Chapter 487, as amended, it is required that the Redevelopment Plan for the project area be approved by the governing body of the municipality in which the project is located and that such approval include findings by the governing body that: (1) The Land in the project area would not be made available for redevelopment without the financial aid to be sought; -1- e e e . . (2) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise; and (3) the redevelopment plan conforms to a general plan for the development of the locality as a whole; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and social, cultural and economic conditions of the project area and has determined that the area is a "blighted" area within the meaning of Chapter 462.411 et seq. of Minnesota Statutes and is a "deteriorated area" as defined in the Minnesota Municipal Housing and Redevelopment Act (Laws Minn. 1947, Chapter 487, as amended - M.S.A. S462.411 to 462.716) and is a blighted, deteriorating and deteriorated area in the loaclity involved and a redevelopment area within the meaning of the Housing Act of 1949, as amended, and that it is detrimental and a menace to the safety, health and welfare of the inhabitants and users thereof and of the locality at large, because of the presence in said area of buildings which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, excessive land coverage, deleterious land use and combinations of these and other factors, are detrimental to the safety, health, and morals and welfare of the community, and the members of this governing body have been fully apprised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the City Council of the City of Chanhassen (herein called the "governing body") for review and approval a redevelopment plan for the Project Area dated October 28, 1977, which plan is entitled Chanhassen Downtown Redevelopment Plan, consisting of eight pages and two maps, accompanied by a State- ment of the Method Proposed for Financing the Project and a Relocation Plan and a Chanhassen Downtown Redevelopment Plan Booklet dated April,1978, consisting of ten pages and eight maps; and WHEREAS, the said Redevelopment Plan, as modified, has been approved by the Local Public Agency as evidenced by the copy of said body's duly certified resolution approving said Redevelopment Plan, which is attached thereto; and WHEREAS, for further survey and planning and related activities funds are required to prepare areas within the project for redevelopment; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the community as a whole; and -2- . . 4It WHEREAS, the City Planning Commission of the City of Chanhassen, which is the duly designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting said Redevelopment Plan and its findings as to compliance with the comprehensive municipal plan, and the Governing Body has duly considered said report, recommendations and findings of the planning body; and WHEREAS, the Redevelopment Plan for the project area prescribes methods for changing certain land uses for the project area and may require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establish- ment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with said Redevelopment Plan; and WHEREAS, there have also been presented to the Governing Body informa- tion and data respecting the relocation program which has been prepared by the Local Public Agency; and e WHEREAS, the members of the Governing Body have general knowledge of the conditions prevailing in the Project area and of the availability of proper housing ihthe Locality for the relocation of individuals and families that may be displaced from the Project area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of redevelopment projects under Title I, including those prohibiting discrimination because of race, color, creed, sex, or national origin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANHASSEN: 1. Thatit is hereby found and determined that the Project area more particularly described in Exhibit A attached hereto and made a part hereof is a blighted, deteriorating and deteriorated area and qualifies as an eligible Project area under the Minnesota Municipal Housing and Redevelopment Act, Laws of Minnesota 1947, Chapter 487, as amended (~~.S.A. ~462.4ll- 462.716). 2. That it is hereby found and determined that the Local Public Agency has made full utilization of any and all federal funds for which said Redevelopment Project qualifies. . -3- .' .. 3. That the Chanhassen Downtown Redevelopment Plan, dated October 28, 1977, having been duly reviewed and considered, is hereby approved and reconfirmed, but with the following modifications: e a. The tract of land described on Exhibit A attached hereto and made a part hereof is hereby identified for acquisition by the Local Public Agency for development as an office building site; and b. The redevelopment area described in said October 28, 1977 plan is expanded to also encompass those tracts of land located southerly of the southerly right-of-way line of State Highway #5, which are more particularly described on Exhibit B attached hereto and made a part hereof. 4. That the Method Proposed for Financing the Project having been duly reviewed and considered, is duly approved, and the City Clerk be and is hereby directed to file said copy of said Method Proposed for Financing the Project with the minutes of the City Council. 5. That it is hereby found and determined that the objectives of the Redevelopment Plan cannot be achieved through more extensive private rehabilitation of the Project area. e 6. That it is hereby found and determined that the Redevelop- ment Plan for the Project area conforms to the general plan of the locality as a whole. 7. That it is hereby found and determined that the Redevelop- ment Plan for the Redevelopment area in the Locality will afford maximum opportunity consistent with the sound needs of the Locality as a whole, for the redevelopment of the area by private enterprise. 9. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwelling units available or to be made avail- able to such dislocated individuals and families are at least equal in number to the number of displaced individuals and families and are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment. e -4- " ." e 10. That in order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, it is found and determined that certain official action must be taken by this Body with reference among other things to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, location and relocation of sewer and water mains and other public facilities and other public actions, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan; (b) requests the various officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises like- wise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Re- development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan. 11. This Governing Body, to the extent necessary to carry out said Plan, consents to the use by the Local Public Agency of the tax increment method of financing in the manner provided in Minnesota Statutes ~462.585 in the Chanhassen Downtown Redevelopment Project, and hereby pledges itself (a) to issue general obligation bonds from time to time to cover budgets approved or to be approved by said Governing Body for said Redevelopment Project; and (b) to enter into such written agreements as may be necessary to effectuate the objectives of the Redevelopment Project and said Method of Financing. e Passed and adopted by the Council day of December , 1978. of the City of Chanhassen this -Latb ~(~~~- MAYOR ATTEST,/ /7 ~I ..... . ill\-J. ~~1 ~Lc;~~ City Clerk/Manager YES Mayor Hobbs Councilman Pearson JCouncilman Waritz Councilman Geving NO Absent: Councilman Neveaux e -5- e e e . . EXHIBIT A (Office Building Site) LEGAL DESCRIPTION That part of the Northwest quarter of the Northwest quarter of Section 13, Township 116, Range 23, described as follows: Commencing at the Northwest c9rner of said Northwest quarter of the Northwest quarter; thence Southerly along said West line of the Northwest quarter of the Northwest quarter, on an assumed bearing of South 0 degrees, 09 minutes, 40 seconds East a distance of 71.55 feet to the Southerly right-of-way line of County State Aid Highway No. 16; thence South 85 degrees, 29 minutes, 24 seconds East along the Southerly right-of-way line of County State Aid Highway No. 16 a distance of 482.81 feet to the actual point of beginning; thence South 85 degrees, 29 minutes, 24 seconds East along said Southerly right-of-way line of County State Aid Highway No. 16, a distance of 381.26 feet; thence South 0 degrees, 09 minutes, 40 seconds East a distance of 156.00 feet; thence North 87 degrees, 53 minutes, 36 seconds West a distance of 380.30 feet; thence North 0 degrees, 09 minutes, 40 seconds West a distance of 172.00 feet to the point of beginning, Carver County, Minnesota } 4\ L- ^ Yl 'Dlr 0 .. \ ... -~ .' , ORDER NO. 7120 WILLIAM D. BCHOELL REGISTERED CIVIL ENGINEER SCHOELL & MADSON, INC. CARLISLE MADSON REGISTERED LAND SURVEYOR ENGINEERS & SURVEYORS MINN. NO. 2265 110. OAK. 755 will. NO. E.6176 "~O''''OA NO. 6:1171 NO. OAK. 6:113 MONT. NO. ,BI6-E IOWA NO. 59:113 TEXA. NO. 35659 50 NINTH AVENUE SOUTH HOPKINS, MINNESOTA 553-43 PHON!! 938'7601 MINN. NO. 4374 BO. OAlt. 791 WIS. NO. S.674 . IOWA NO. 3705 NO. OAK. llliB MONT. NO. 1742.. DESCRIPTION flOPlI CITY OF CHANHASSEN DESCRIPTIONS FOR THE EXPANSION OF TAX INCREMENT DISTRICT, CHANHASSEN HRA Description of Victor Schmieq Property: That part of the Northeast Quarter of the Northeast Quarter of section 14, Township 116 North, Range 23 West of the 5th principal Meridian which lies northerly of the northerly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad and lying southwesterly of the southwesterly right-of-way line of State Highway No.5. That part of the West Half of the Northeast Quarter of Section 14, Township 116 North, Range 23 West of the 5th Principal Meridian which lies northerly of the northerly right-of-way line of the Chicago, Milwaukee, st. paul & pacific Railroad and lying southerly of the southerly right-of-way line of State Highway No.5. Description'of Martin Ward Property: Those parts of Government Lot 2 and the Southeast Quarter of the Northwest Quarter of Section 13, Township 116 North, Range 23 West of the 5th principal Meridian, lying southerly of the south- erly right-of-way line of State Highway No. 5 and which lie westerly of the westerly right-of-way line of State Highway No. 101. EXHIBIT B page 1 of 4 r . . ORDER No.--11 '0 .. . WILLI,.M D. SCHDELL I REGISTERED CIVIL ENGINEER MINN. Ne. 22.. BC. OAK.7~!> "- WI.. NC. E-6'76 FLCRIOA NC. 6271 NO. O"'K. 623 ,",CNT. NC. IBI6-E ICW'" NC. ~923 TEXAS NO. 3~659 SCHOELL & MADSON. INC. CARLISLE MADSON REGISTEREO LAND SURVEYOR ENGINEERS & SURVEYORS 50 NINTH ,.VENUE SOUTH HOPKINS. MINNESOT,. 55343 PHONE 939-760' MINN. NO. "37" 110. 0"'0<, 'I" WIll. NO. .-67" IOWA NO. 370~ NO. OAK. 1I0B MONT. NO. 1742-. DESCRIPTION flOA. CITY OF CHANHASSEN That part of the Northwest Quarter of section 14, Township 116, Range '23, Carver County, Minnesota. lying northerly of the northerly line of the Chicago, Milwaukee, st. Paul and Pacific Railroad, except that taken for Minnesota State Trunk Highway No.5. subject to County Road No. 17 over the westerly 33.00 feet. ,-Parcel B That part of the Northwest Quarter and of the North Half of the Southwest Quarter of the Northeast Quarter and of Government Lot 2, all in Section 14, Township 116, Range 23, Carver County~ Minnesota, described as follows: Beginning at the southwest corner of said North Half of the Southwest Quarter: thence North 89 degrees 23 minutes 06 seconds East, bearing assumed along the south line of said North Half of the Southwest Quarter, a distance of 1089.62 feet: ,thence north a distance of 483.02 feet: thence North 63 degrees 26 min- utes 05 seconds East, a distance of 1118.03 feet: thence South 78 degrees 05 minutes 45 seconds East, a distanr.e of 640.96 feet to the westerly line of proposed County State Aid Highway No. 17: thence North 31 degrees 10 minutes 50 seconds East, along said westerly line, a distance of 971.42 feet: thence northeasterly and northerly, along said westerly line, on a tangential curve concave to the west having a radius of 1070.92 feet and a central angle of 34 degrees 30 minutes, a distance of 644.84 feet: thence North 3 degrees 19 minutes 10 seconds West, along said westerly line and tangent to the last described curve, a distance of 109.33 feet to the south line of the Chicago, Milwaukee, St. Paul and Pacific Railroad: thence westerly and Bouthwesterly along said south line of said railroad to the west line of said North Half of the Southwest Quarter: thenco South 2 dogro08 11 minutes 01 seconds East. along said weet line of said North lIa1f of the Southwest Quarter to the point of beginning. EXCEPT: Part of the North Half of the Southwest Quarter of Section -14. Township 116, Range 23, Carver County. Minnesota, described as follows: Beginning at a point on the west line of said North Half of the Southwest Quarter, 821.90 feet, measured along said west line, (continued) EXHIBIT B Page 2 of 4 . . . , tl' , . . ORDER NO. 7120 .. ' . SCHOELL & MADSON. INC. CARLISLE MADSON REGISTERED LAND SURVEYOR WILLIAM D. SCHOELL REGISTERED CIVIL ENGINEER ENGINEERS & SURVEYORS ....INN. NO. 2265 aO.0...K.'55 WI., NO. E-6176 ,.LORIO... NO. 6271 NO. O"'K. 623 MONT. NO. ,..6.1; lOW... NO. 5923 TEX.... NO. 35659 50 NINTH AVENUE SOUTH HOPKINS. MINNESOTA 55343 PHONE 838-7801 MINN. NO. <1137. ao. O"'K. '91 WIS. NO. S-674 lOW... NO. 3705 . NO. 0"'1(. 1I0e MONT. NO. "42.. DESCRIPTION FOAl CITY OF CHANHSSEN Parcel B (Continued) southerly of the northwest corner of said North Half of the Southwest Quarter, said west line assumed to bear South 2 degrees 11 minutes 01 ,aeconds East: thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet: thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet: thence North 32 degrees 05 minutes 05 seconds West, a distance' of 662.31 feet to the southeasterly right-of-way line of the Chicago, Milwaukee, St. paul and Pacific Railroad, as recorded in Book 23 of Deeds, Page 266: thence South 55 degrees 32 minutes 41 seconds West, along said south- easterly right-of-way line. ~ distance of 260.00 feet to said west line'of the North Half of the Southwest Quarter: thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.32 feet to the point of beginning. And also except that part of the said North Half of the Southwest Quarter lying northwest of said railroad right-of-way. subject to existing County Road No. 17 in the westerly portion of said North Half of 'the Southwest Quarter. Parcel C That part of Government LOt 1, section 13, Township 116, Range 23, and of the Southwest Quarter of the Northeast Quarter, Section 14, Township 116, Range 23, and of Government Lot 1, said Section 14, and of the Northeast Quarter of the Northeast Quarter of said Se~tion 14, lying southerly of the south line of the Chicago, Milwaukee, St. Paul and pacific Railroad, lying south of that part of State Trunk Highway No. 5 which lies southeasterly of said railroad and lying easterly of the easterly line of proposed County State Aid Highway No. 17, said easterly line being described as follows and hereinafter called Line "AM: A line parallel with and 75.00 feet easterly of, as measured perpendicular to, the following described line: commencing at the southeast corner of the East Half of the Southwest Quarter of said section 14: thence on an assumed bearing of South 89 de- grees 25 minutes 16 seconds West, along the south line of said East Half of the Southwest Quarter, a distance of 145.00 feet, to the beginning of the line to be described: thence North 0 degrees 19 minutes 10 seconds West, a distance of 1408.48 feet: thence northerly and northeasterly, a distance of 630.00 feet, along a tangential curve concave to the east having a radius of 1145.92 feet and a central angle of 31 degrees 30 minutes 00 seconds: thence North 31 degrees 10 minutes 50 seconds East, (Continued) EXHIBIT B Page 3 of 4 ~'._''''' _~.~ _J"''''''_'' .--'-~.-'" ..' "..."",.-..,... "",,~-",-,;"""""""""<-"".\ -;~.. '-.- ~. ."t, OROER NO. 7120 WILLIAM D. SCHDELL REDISTERED CIVIL ENGINEER SCHOELL & MADSON, INC. 50 NINTH AVENUE SOUTH HOPKINS. MINNESOTA 55343 PHONE 939-7901 CARLISLE MADSON REGISTERED LAND SURVEYOR MINN. NO. "374 SO. OAK. '1'11 WIll. NO. S-6'74 IOWA NO. 3'70~ NC. OAK. 1I0B MONT. NC. 1'142-8 r." MINN. NC. 2265 110. O"'IC. '111& WIS. NC. E-61?6 P'LC'UDA NO. 627' NC. OAIC. 623 'MCNT. NO. 11I16-E ICW'" NC. 5923 TEX.... NC. 311659 ENGINEERS & SURVEYORS DESCRIPTION FOAl CITY OF CHANHASSEN ~arcel C (Continued) tangent to said curve a distance of 1110.25 feet: thence north- easterly and northerly. a distance of 690.00 feet, along a tangential curve concave to the west having a radius of 1145.92 feet and a central angle of 34 degrees 30 minutes 00 seconds: thence North 3 degrees 19 minutes 10 seconds West. tangent to the last described curve, a distance of 783.95 feet and there termin- ating. EXCEPT from the above described tract. that part conveyed to the Minnesota South District of the Lutheran Church - Missouri Synod by deed ' filed in Book 87 of Deeds, Page 439, Carver County. Together with that part of Government Lot 2. said Section 14, lying easterly of the easterly line of proposed County State Aid Highway No. 17. said easterly line being Line "A" as previously described and lying northerly of the following described line: Commencing at the southwest corner of the North Half of the South west Quarter of said section 14: thence North 89 degrees 23 min- utes 05 seconds East, bearing assumed along the south line of said North Half of the Southwest Quarter, a distance of 1089.62 feet: thence north a distance of 483.02 feet: thence North 63 degrees 26 minutes 05 seconds East, a distance of 1118.03 feet: thence South 78 degrees 05 minutes 45 seconds East, a distance of 799.88 feet to the point of beginning of the line to be described: thence continuing South 78 degrees 05 minutes 45 seconds East, a distance of 145.45 feet: thence North 53 degrees 14 minutes 08 seconds East. a distance of 543.00 feet: thence South 81 degrees 03 min- utes 21 seconds East, a distance of 836.00 feet to the shore line of Lake Susan: thence easterly along the northerly shore'of said 'Lake Susan to the east line of said Government Lot 2 and there terminating. .December 12, 1978 EXHIBIT B page 4 of 4 ..--