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2009-61 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: AU1!Ust 10, 2009 RESOLUTION NO: 2009-61 MOTION BY: Litsev SECONDED BY: McDonald A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, the City of Chanhassen, Minnesota is a participant in the Livable Communities Act's Housing Incentives Program for 2009 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City agrees to act as legal sponsor for the project contained in the grant application submitted on August 10, 2009; and WHEREAS, the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW, THEREFORE, BE IT RESOLVED that after appropriate examination and due consideration, the governing body of the City: 1 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: (a) The property owner of the Chanhassen Dinner Theatre currently has existing driveway access for their property. (b) SouthWest Transit may access their proposed park and ride facility through existing driveway access. (c) The City has no dedicated funding source for construction of the proposed roadway. (d) The proposed roadway has potential benefit beyond the two immediate adjacent property owners. 4. Authorizes its Community Development Director to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. Passed and adopted by the Chanhassen City Council this 10th day of August, 2009. i1 L~ Thomas A. Furlong, Mayor YES Furlong Litsey McDonald Tjornhom NO ABSENT Ernst 2