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89-134 .. - //'\. ..t";tP~,"f::.....,,,- CITY 0; CHAJlASSEN #~~~:~ CARVER AND HENNEPIN COUNTIES, MINNES A / /.J '.. g;/. December 4, 1989 RESOLUTION NO: 89-134 V ~ ~~ . DATE: MOTION BY: Johnson SECONDED BY: Workman A RESOLUTION APPROVING A MODIFIED TAX INCREM~ PLAN FOR THE CHANHASSEN DOWNTOWN REDEVELOPMENT (MODIFICATION NO.9) BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Chanhassen (Authority) and the City of Chanhassen (City) approved a Redevelopment Project (Project) and adopted a Redevel- opment Plan known as the Chanhassen Downtown Redevelopment Plan (Plan) in accordance with Minnesota Statutes Sections 462.411 through 462.716 (Redevelopment Act) on November 29, 1977 and December 19, 1977, respectively. . 1.02. Due to changes in the focus of the Plan and the area included within the Project, the Plan has been the subject of eight modifications since its adoption in 1977. 1.03. Changes in the nature of the public and private improve- ments to be constructed have prompted the need for another modification to the Plan. 1.04. In response to these changes, the Authority authorized the preparation of a modified Tax Increment Financing Plan (TIF Plan), pursuant to Minnesota Statutes Sections 469.174 through 469.179 (TIF Act). The modified TIF Plan is contained in a docu- ment entitled "Modified Tax Increment Financing Plan, Chanhassen Downtown Redevelopment Project, Modification No.9, City of Chanhassen, Minnesota" dated November, 1989. 1.05. The TIF Plan was referred to the Chanhassen Planning Commission which on November 15, 1989 found that it conforms to and is not in conflict with the general plan for the development or redevelopment of the City as a whole. 1.06. The Authority by resolution of November 16, 1989 approved the modified TIF Plan and referred it to the City Council for public hearing and consideration as provided by the TIF Act. . 1.07. Copies of the modified TIF Plan have been forwarded to Independent School District No. 112 and Carver County along with a notice of the public hearing as required by the TIF Act. e 1.08. The City Council has fully reviewed the contents of the modified TIF Plan and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findinqs; Tax Increment Financing District. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of the Project area and the City as a whole, and for the protec- tion and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance to the Project area. 2.02. It is further found and determined, and it is the reasoned opinion of the Authority and the City, that the redevel- opment proposed by Empak, Country Suites Hotel and the Shopping Center Complex as well as public improvements including the down- town parking lot, Lake Drive and Market Boulevard could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. e 2.03. The proposed public improvements to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of the Project area in terms of development intensity, employment opportunities and tax base. 2.04. The modified TIF Plan conforms to the general plan of development of the City as a whole. 2.05. The modified TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the TIF District by private enterprise. 2.06. Nothing contained herein constitutes an election on the part of the Authority or City to proceed with the Project under the TIF Act, except to the extent required by Section 469.177 of the TIF Act. The City and Authority intend to con- tinue to administer the Project as a TIF district created prior to August 1, 1979, except with regard to those development acti- vities which are the subject of this amendment. 2.07. The City has relied upon the reports and recommen- dations of its staff and the Authority as well as the personal knowledge of members of the Council in reaching its conclusions regarding the TIF District. Section 3. TIF Plan Modification Approved. e 3.01. The modified TIF Plan is hereby approved and adopted. The TIF Plan incorporates by reference the original TIF Plan and all subsequent amendments thereto, except as the modified TIF Plan explicitly or by reasonably necessary inference conflicts with the original TIF Plan or any of the first eight amendments thereto. -2- e e It ,. '.. 3.02. The geographic boundaries of the Project area and the TIF District are not coterminous and are as described in the Plan and modified TIF Plan, which documents are hereby adopted by reference. 3.03. The Authority is requested to file a copy of the modified TIF Plan with the Minnesota Commissioner of Energy and Economic Development as required by the TIF Act. 3.04. The City may at the appropriate time and at the request of the Authority take action to issue and sell its general obligation bonds pursuant to the TIF Act to finance public redevelopment costs identified in the TIF Plan. 3.05. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Authority. Passed and adopted by the Chanhassen City Council this 4th day of December , 1989. ATTEST: J{]~ ~ Don Ashworth, City Manager ~ / ) ( -- :~ Donald C mi~ .-/ YES NO ABSENT Chmiel Workman Johnson Dimler None Boyt -3-