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82-13 , I , Rev. 3/10/82 ; ~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Dated: April 5, 1982 Motion by Counci1member Horn Resolution No. 82-13 Seconded by Councilmember Geving RESOLUTION APPROVING ASSESSMENT REDUCTION PROGRAM FOR DOWNTOWN REDEVELOPMENT PROJECT WHEREAS, the City Council has approved the plan of the Chanhassen Housing and Redevelopment Authority for the Chanhassen Downtown Redevelopment Project (hereinafter the "Plan"); WHEREAS, said Plan contemplated that the Authority would pay a portion of the costs incurred by the City in connection with the installation of public improvements south of State Highway No. 5 in the Chanhassen Lakes Business Park area; and WHEREAS, by said resolution the Authority has implemented a program whereby the City would be reimbursed for certain assessments imposed pursuant to Chapter 429 of Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED, by the Chanhassen City Council as follows: 1. Modification No. 5 to the Downtown Redevelopment Plan as described in the Authorityls Resolution No. 82-3 dated March 18, 1982, (a copy of which is attached hereto as Exhibit A) is hereby approved. 2. The City Council hereby finds that the approval of said Modification No. 5 would not have the effect of substantially altering, or affecting the general land uses established in the Chanhassen Downtown Redevelopment Plan and Project. 3. The City Council hereby finds that the proposed redevelopment of the Chanhassen Redevelopment Project area, including redevelopment of the assessment reduction area, would not reasonably be expected to occur solely through private investment within the reasonably forseeable future and therefore the adoption of the assessment reduction program described in Modification No. 5 is deemed necessary. 4. The City Council hereby finds that the costs of implementing the assessment reduction program described in Modification No. 5 (a) are expenditures necessary to carry out the purposes of the Minnesota Housing and Redevelopment Act, (b) are expenditures necessary to , , , . It- .. . Rev. 3/10 78 2 Rev. 3/18/82 prepare the assessment reduction program area described in Modification No. 5 for private development and improvement and (c) are a proper part of the public redevelopment cost of the Chanhassen Downtown Redevelopment Project. Passed and adopted by the City Council of the City of Chanhassen this 5th day of April , 1982. Attest: L2 ().93D City Clerk/Manager Yes Mayor Hamilton Counc~lman Neveaux Councllman Gevlng Councilman Swenson Councilman Horn No ~alU M or None -2- Absent None --' I ...... v I ........... 3/18/82 " . ( ( ~' " HOUSING AND REDEVELOPMENT AUTHORITY OF CHANHASSEN, MINNESOTA , Dated: March 18< 1982 Motion by Commissloner Russell Resolution No. 82-3 Seconded by Commission~r Bohn RESOLUTION APPROVING PLAN MODIFICATION NO. 5 BE IT RESOLVED, by the Housing and Redevelopment Authority, of the City of Chanhassen, Minnesota, as follows: SECTION 1. RECITALS. 1.01. The Chanhassen City Council and this Authority have approved a redevelopment project to be undertaken by the Authority, designated as the Chanhassen Downtown Redevelopment Project (the "Project"), and a Redevelopment Plan (the "Plan"), for the Project. 1.02. Minnesota Statutes, Section 462.525(Subd. 6) empowers this Authority to make minor changes in the Plan under certain limited circumstances which do not require approval by the governing body of the municipality within which the project is located. , 1.03. Modification No.5 labeled Rev.3/l0/82 , , has been presented to the Authority for its consideration and approval. 1.04. Modification No.5, if adopted, would implement, pursuant to ~~273.76, 462.445, Subd. 4(1), and 462.445, Subd. 4(16) of Minnesota Statutes, the program of expenditures in the area of Chanhassen Lakes Business Park as described in Table 4 ("Project Expenditures Short-Term Costs") of the "Amended Plan Draft February, 1980, Revised March 20, 1980" booklet which was approved as Modification No.3 to the Plan on March 20, 1980. SECTION 2. FINDINGS AND APPROVAL. 2.01. The Authority hereby finds that the approval of Modification No.5, a copy of which is attached hereto and made a part hereof as Exhibit A, would not have the effect of substantially altering or affecting the general land uses established in the Chanhassen Downtown Redevelopment Plan and Project. 2.02. The Authority hereby approves said Modification No.5 to the Chanhassen Downtown Redevelopment Plan and Project. , , , , Rev. 3/18/82 (C 2.03. The Authority hereby finds that the proposed redevelopment of the Chanhassen Redeve~opment Project area, including redevelopment of the assessment reduction area, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the adoption of the assessment reduction program described in Modification No. 5 is ~eemed necessary. f 2.04. The Authority hereby finds that the costs of implementing the assessment reduction program described in Modification No.5 (a) are expenditures necessary to carry out the purpose of the Minnesota Municipal Housing and Redevelopment Act, (b) are expenditures necessary to prepare the assessment reduction program area for private redevelopment and improvement, and (c) are a proper part of the public redevelopment cost of the Chanhassen Downtown Redevelopment Project. SECTION 3. IMPLEMENTATION OF MODIFICATION NO, 5. 3.01. Only the following lands shall be eligible to participate in the assessment reduction program described in Modification No.5: Chanhassen Lakes Business Park: Lots 1 to 11, Block 1 Lots 1 to 5, Block 2 Lots 1 & 2, Block 3 Lots 1 & 2, Block 4 Lots 1 to 6 and 8 to 11, Block 5 Park II: All of Block 1 All of Block 2 Lot 2, Block 3 3.02. No assessment reduction payments shall be made in respect of any private improvements which are constructed by, or on behalf of, or for the occupancy of any person, corporation, or other entity which (a) has been displaced as the result of the acquisition by the Authority of said person's, said corporation1s, or said entity's place of business and (b) has received from the Authority relocation benefits in excess of the fair market value of the acquired property and in excess of the value of any relocation benefits paid by the Authority pursuant to Chapter 117 of Minnesota Statutes. 3.03. All other terms and conditions of the assessment reduction program contemplated by Modification No.5 shall be as set forth in the form of Assessment Agreement which is attached hereto and made a part hereof as Exhibit B and which is hereby approved. -2- , , , ( L'~V. -,/..lU/o"::: 3/18/82 ( 3.04. The Executive Director and Chairman of the Authority are not authorized to execute any such assessment agreement with any redeveloper or land owner unless specifically authorized to do so by further resolution of the Authority. 3.05. The above described assessment reduction r program shall terminate on December 31, 1987, provided, however, that any assessment reduction payments, which are due and owing pursuant to any then outstanding assessment agreement, shall continue to be made pursuant to such assessment reduction . agreement if the redeveloper shall have obtained a Certificate of Occupancy, pursuant to Section 4.2 of the approved form of Assessment Agreement, on or before December 31, 1987. The Authority reserves the right to extend the assessment reduction program for additional periods of time beyond the December 31, 1987 expiration date. In no event, however, shall any assessment reduction payment be made after November 28, 2007. Passed and adopted this ~ day of ~~~ 1982, by the Housing and Redevelopment Authority of the City of Chanhassen, Minnesota. (p iL ,D. };J!J<- Chairman --.... Attest: Exec~~~~ Yes No Absent' Horn Russell Gullickson Bohn None Whitehill -3- ( EXHIBIT A , r To be supplied (a copy of Modification No.5) , , , '. . . c ( EXHIBIT B . To be supplied (a copy of standard form of assessment agreement) , , r