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89-143 " e e . '1' - CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date December 4, 1989 Resolution No. 89-143 Motion By Jolmson Seconded By Workman RESOLUTION APPROVING MODIFICATION NO.9 TO THE REDEVELOPMENT PLAN AND TAX INCREMENT INCREMENT PLAN FOR THE CHANHASSEN DOWNTOWN REDEVELOPMENT PROJECT 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 Council of the City of Chanhassen (City) approved a redevelopment project for the downtown Chanhassen area (Project) and adopted a redevelopment plan and tax increment financing plan for same (collectively, Plans) on November 29, 1977, and December 19, 1977, respectively. 1.02. Due to changes in the focus of the Plan and alterations in the boundaries of 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 improvements to be constrUcted in the Project has prompted another modification to the Plan. 1.04. In response to these changes, the Authority has authorized the preparation of modified Plans, which are contained in a document entitled "City of Chanhassen Redevelopment and Tax Increment Financing Plan Modification No.9," dated November, 1989, and now on file with the city clerk. 1.05. In accordance with the Redevelopment Act and TIF Act (collectively, Acts), the modified Plans were referred to the Chanhassen planning com mission which on November 15, 1989, found that they conform to and are not in conflict with the general plan for redevelopment of the City as a whole. 1.06. The Authority on November 16, 1989, approved the modified Plans for the Project and referred them to the city council for public hearing and consideration as provided by the Acts. I- - . . . 1.07. Copies of the modified Plans have been forwarded to Independent School District No. 112 and Carver County along with a notice of a public hearing to be held by the City as required by the Acts. 1.08. This Council has fully reviewed the contents of the modified Plans and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Redevelopment Project. 2.01. It is hereby found and determined that within the Project there exist conditions of economic obsolescence, physical deterioration, underutilization and inappropriate uses of land. 2.02. It is further specifically found and determined that: a) the land in the Project would not be made available for redevelopment without the public intervention and financial assistance described in the modified Plans; b) the modified Redevelopment Plan for the Project will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise; c) the modified Redevelopment Plan conforms to the general development plan of the City as set forth in the comprehensive municipal plan. 2.03. The findings in this section are made in compliance with Section 469.028, subdivision 2 of the Redevelopment Act for the purpose of showing the City's intent to exercise, in conjunction with the Authority, the powers granted to the City and the Authority by the Act. Section 3. Findings; Tax Increment Financing District. 3.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of the Project and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, and the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance within the Project. 3.02. It is further found and determined, and it is the reasoned opinion of the Authority and the City, that the redevelopment proposed in the modified Plans 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. 3.03. The modified TIF Plan conforms to the general plan for redevelopment of the City as a whole. 2 .. " ~ ". ' , ,. 3.04. 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 Proje~in terms of development intensity, employment opportunities and tax base. 3.05. The modified TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise. 3.06. Nothing contained herein constitutes an election on the part of the Authority or City to proceed with the Project under Sections 469.174 through 469.178 of the TIF Act, except to the extent required by Section 469.179. Section 4. Project and District Established: Certification: Filing. 4.01. The modified Plans are hereby approved and adopted. Said Plans incorporate by reference the original Plans and all subsequent amendments thereto, except as the modified Plans explicitly or by reasonably necessary implication conflict with the original Plans or any of the first eight amendments thereto. 4.02. The geographic boundaries of the Project and the TIF District are not affected by this modification and are as described in the modified Plans, which documents are hereby adopted by reference. 4.03. The Authority is requested to file a copy of the modified Plans with the Minnesota commissioner of trade and economic development as required by the TIF Act. 4.04. The City may at the appropriate time take action to issue and sell its general obligation bonds pursuant to the TIF Act to finance public redevelopment costs identified in the modified Plans. 4.05. The city clerk is authorized and directed to transmit a certified copy of this resolution to the Authority. Passed this 4th day of December, 1989, by the City Council of the City of Chanhassen, Minnesota. ATTEST: /(] (0~ Donald Ashworth, CIty Clerk/Manager CH130-005 3