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89-71 e e -- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date May 22, 1989 Motion By Boyt 89-71 Resolution No. Johnson Seconded By RESOLUTION ADOPTING A MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.2 AND MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2-1 BE IT RESOLVED By the City Council (the Council) of the City of Chanhassen, Minnesota (the City) as follows: Section 1. Recitals. 1.01. On October 10, 1988, the City adopted a Development Program for Development District No.2 and a Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 therein, all pursuant to and in accordance with Minnesota Statutes Section 469.124 through 469.134 and Minnesota Statutes Sections 469.174 through 469.179. 1.02. It has been proposed that the City expand the boundaries of Development District No.2 and of Tax Increment Financing District No. 2-1. 1.03. The Council has investigated the facts and has caused to be prepared a modified Development Program for Development District No.2, describing the additional actions to be undertaken by the City to aid the development of property within Development District No.2, and has caused to be prepared a modified Tax Increment Financing Plan describing the specific acts to be taken to assist development within the expanded boundaries of Tax Increment Financing District No. 2-1. 1.04. The City has performed all actions required by law to be performed prior to the enlargement of Development District No. 2 and of Tax Increment Financing District No. 2-1 and the adoption of a modified Development Program and Tax Increment Financing Plan relating thereto, including, but not limited to, notification of Carver County and Independent School District No. 112; a review by the City planning commission of the modified Development Program for Development District No.2 and the modified Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 for their consistency with the general plans for development of the City; and holding a public hearing regarding the modified Program and the Plan upon such notice as is required by law. 1.05. The modified Development Program and Tax Increment Financing Plan are contained in a document entitled "Modified Development Program, e e . . .. Development District No. 2 and Modified Tax Increment Financing Plan, Tax Increment Financing District No. 2-1, City of Chanhassen, Minnesota," dated May 22, 1989, and on file in the office of the City Manager. 1.06. The City Council has fully reviewed the contents of the modified Development Program and Tax Increment Financing Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Related to the Expansion of Development District No.2 2.01. The Council hereby finds that the expansion of Development District No.2 is intended, and in the judgment of the Council, its effect will be to provide an impetus for additional industrial development in the City, increase employment, and otherwise promote the public purposes and objectives specified in the modified Development Program. 2.02. It is further found and determined that: a) The land added to Development District No. 2 would not be made available for development without the public intervention and financial assistance described in the modified Development Program and Tax Increment Financing Plan; The modified Development Program will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise; and b) c) In accordance with the findings of the planning commission, the modified Development Program conforms to the general plan for development of the City as set forth in the City's comprehensive plan. Section 3. Findings Related to the Expansion of Tax Increment Financing District No. 2-1. 3.01. It is the opinion of the Council that development of the properties included within the expanded boundaries of Tax Increment Financing District No. 2-1 would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future due to the lack of an adequate access road and that the use of tax increment financing is therefore necessary. 3.02. The Council finds that the modified Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 conforms to the general plan for development of the City, based upon the recommendations of the planning com mission. 3.03. The Council finds that the modified Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the expanded District by private enterprise. 3.04. The Council further finds that the enlargement of Tax Increment Financing District No. 2-1 is intended, and in the judgment of the Council, its effect will be to promote the public purposes and accomplish the objectives specified in the modified Tax Increment Financing Plan. 2 e e . '. . 3.05. The City Council has relied upon the opinions and recommendations of its staff and planning commission and the personal knowledge of the members of the council in reaching its conclusions regarding the expansion of Tax Increment Financing District No. 2-1. 3.06. The City Council hereby reaffirms its finding that Tax Increment Financing District No. 2-1 is an economic development tax increment financing district within the meaning of Minnesota Statutes Section 469.174, Subd. 12. Section 4. Approval of the Modified Development Program and Tax Increment Financing Plan. 4.01. The modified Development Program for Development District No.2 and the modified Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 are hereby approved and adopted. 4.02. The expanded boundaries of Development District No.2 and of Tax Increment Financing District No. 2-1 are described in the modified Development Program and modified Tax Increment Financing Plan therefor and are incorporated herein by reference. 4.03. The City elects to be governed by Minnesota Statutes Section 469.177, Subd. 3 with regard to fiscal disparities for expanded Tax Increment Financing District-No. 2-1. 4.04. The City Manager is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the modified Development Program and Tax Increment Financing Plan to the auditor of Carver County with a request that the original tax capacity of the property hereby added to Tax Increment Financing District No. 2-1 be certified to the City pursuant to Section 469.177, Subd. 1 of the Tax Increment Financing Act and to file a copy of the modified Development Program and modified Tax Increment Financing Plan with the Minnesota Commissioner of Trade and Economic Development. DA TED: May 22 '19~~~_~ Donald Chmiel, yor ATTEST: AQ Donald Ashworth, City Clerk Manager CH130-011 3