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3. Consider approving modification No 12 to redevelopment plan for Chanhassen downtown redev project 1 i 3 C ITYOF • ‘ CHANHASSEN 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 I �f (612) 937 -1900 • FAX (612) 937 -5739 `tea Action by City Admin!stratot / Dwh Ender Y _ 1 MEMORANDUM End °� _ 1111 TO: Don Ashworth, City Manager Deb. , tl „ ., -n FROM: Todd Gerhardt, Assistant City Manager ,, Tc.ii DATE: December 10, 1992 1 SUBJ: Public Hearing to Consider Approval of Modification No. 12 to the Redevelopment Plan 1 Attached for your consideration is Modification No. 12 to the Redevelopment Plan and Tax Increment Financing Plat for the Chanhassen Downtown Redevelopment Project. Under state I statute, the City Council must hold a public hearing when considering a modification to the redevelopment plan. 1 Both the Planning Commission and the HRA have approved the modified plan and found it to be consistent with the City's overall Comprehensive Plan. Copies of this plan have also been I sent to School District #112 and Carver County for their review (see Attachment #3). Listed below is a summary of the proposed modifications to the plan: 1 1. Target Store: The HRA intends to purchase approximately 16 acres for development of a Target Store and the creation of several outlots. The project will be located north of I Highway 5 and south of West 78th Street. A portion of West 78th Street will be vacated to accommodate the project. Target will occupy a site of slightly more than 10 acres. I 2. Taco Shop /Apple Valley Red -E -Mix: These properties on Highway 5 will be redeveloped with more attractive and appropriate land uses. Plans call for use of portions of these sites for highway related amenities, including a rest stop or open space. Other portions 1 will be developed for highway - oriented commercial uses. 3. Conference Center/Recreational Center: The HRA intends to acquire property north of 1 the Soo Line Railroad in the vicinity of the Chanhassen Dinner Theatre, including the FMG Warehouse, Chanhassen Bowling Center and Frontier Building. Plans call for 1 t sir� 1 PRINTED ON RECYCLED PAPER 1 Don Ashworth December 10, 1992 Page 2 development of a multi - purpose conference center /recreation center/bowing facility. Retail uses, including a cinema or restaurant, and a library may also be included. 4. The HRA is committed to certain additional expenditures which will be of mutual benefit 1 to the HRA, Carver County and School District #112. RECOMMENDATION Staff would recommend that the City Council adopt the following motion: 1 "The City Council approves the attached resolution approving Modification No. 12 to the Redevelopment and Tax Increment Financing Plan for the Chanhassen Downtown Redevelopment Project ." ATTACHMENTS 1 1. Tax Increment Plan. 2. Resolution. 3. Letter to School District #112 and Carver County. 1 1 1 1 1 1 1 1 1 1 1 1 REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR DOWNTOWN CHANHASSEN REDEVELOPMENT AREA 1 1 CITY OF CHANHASSEN MODIFICATION NO. 12 December 14, 1992 1 1 Prepared By: HOLMES & GRAVEN, CHARTERED 1 470 Pillsbury Center Minneapolis, Minnesota 55402 1 1 1 • 1 1 TABLE OF CONTENTS Page 1 I. Redevelopment Plan 1 I A. Definitions 1 B. Project Area. 2 C. Project Area Redevelopment Objectives. 2 D. Proposed Project Area Redevelopment Activities. 3 I E. Project Area Plan 4 F. Project Area Financing 5 1 II. Tax Increment Financing Plan 6 A. Statutory Authority 6 B. Statement of Objectives 6 I C. Statement of Public Purpose 6 D. Relation to Redevelopment Plan 7 E. Boundaries of TIF District 7 I F. Description of Downtown Redevelopment Area 7 G. Development and Other Agreements 7 H. History and Classification of TIF District 8 I 1. Modification of TIF Plan 8 J. Use of Tax Increment 8 K. Excess Tax Increment 8 L. Duration and Modification of the TIF District 9 I M. Relocation 9 N. Properties to be Acquired Within the TIF District 9 O. Public Improvements Plans 9 I P. Estimate of Project Costs 9 Q. Original Tax Capacity. 10 R. Estimate of Captured Tax Capacity and Tax Increment 11 S. Estimate of Impact on Other Taxing Jurisdictions 10 1 T. Annual Report Regarding TIF 11 1 1 1 1 1 1 (i) 1 I. REDEVELOPMENT PLAN A. DEFINITIONS. 1 For the purposes of the Redevelopment Plan and Tax Increment Financing Plan, the following terms shall have the meanings specified below, unless the context 1 otherwise requires "City" means the City of Chanhassen, a municipal corporation under the laws of the state of Minnesota; 1 "Comprehensive Plan" means the City's Comprehensive Plan, including the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City; "City Council" or "Council" means the Chanhassen City Council; 1 "County" means Carver County, Minnesota; "HRA Act" means Minnesota Statutes, sections 469.001 through 469.047, as 1 amended; "Housing and Redevelopment Authority" or "HRA" means the Housing and Redevelopment Authority in and for the City of Chanhassen, Minnesota, created pursuant to the HRA Act; "Redevelopment Plan" means the plan for redevelopment of the Project, originally adopted by the City on December 19, 1977, and as subsequently modified; "Redevelopment Project" or "Project" means the redevelopment project established by the City on December 19, 1977, in downtown Chanhassen and expanded on December 18, 1978, to include the Chanhassen Lakes business park 1 south of T . H . 5, pursuant to Minnesota Statutes, sections 469.001 through 469.047; "State" means the State of Minnesota; "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued by the City to finance the public costs associated with the Project as stated in the Redevelopment Plan and in the TIF Plan, or any obligations issued to refund the Tax Increment Bonds; "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, 1 sections 469.174 through 469.179, as amended; and "Tax Increment Financing District" means the tax increment financing district established within the downtown redevelopment area and the Chanhassen Lakes business park area; "Tax Increment Financing Plan" or "TIF Plan" means the plan by which the HRA intends to assist development within the Project, which Plan was originally adopted on December 19, 1977, and as subsequently modified. This marks the twelfth formal modification of the TIF Plan. 88826558 08130 -5 1 1 1 B. PROJECT AREA. The Chanhassen Downtown Redevelopment Project Area contains ' approximately 630 acres of land. One hundred seventy -five acres are located north of STH 5 and .comprise what is generally recognized as downtown Chanhassen. The remainder of the Project Area is south of STH 5 in the Chanhassen Lakes business park. Together these areas comprise the Project Area. The Project Area is generally described as being bounded by Audubon ' Road on the west; STH 101 on the east; the north shore of Lake Susan as extended westward to Audubon Road on the south and STH 5 and West 78th Street on the north, but also includes lands north of West 78th Street that are 1 presently zoned for business and multi - family housing uses. The Project Area officially includes all lands shown in Figure 1 of ' Modification No. 11, dated April 17, 1992, and described in Exhibit A of City Council Resolution No. 77 -72, dated December 19, 1977, Exhibit B of City Council Resolution No. 78 -73, dated December 18, 1978, and in Subsection A Project Area of Modification No. 9, adopted in November, 1989. No property is being added to the Project Area as a result of this modification. 1 C. PROJECT AREA REDEVELOPMENT OBJECTIVES. The HRA through this Redevelopment Plan seeks to achieve the following objectives: 1. Diversify the tax base of the City by encouraging commercial and 1 industrial development which in turn will enhance employment opportunities, create stability in the tax base and increase and protect property values; 1 2. Encourage redevelopment of commercial and service - oriented businesses to better serve the consumer needs of the community; 1 3. Remove structurally substandard buildings which cannot be rehabilitated; ' 4. Acquire and remove buildings that are economically or functionally obsolete or underutilized and acquire land that is vacant or underutilized to facilitate redevelopment; 1 5. Eliminate blighting influences which impede potential development in the area; 1 6. Provide redevelopment sites of the size and character necessary to assure development of the area and strengthen the overall economy and improve the sources of public revenue; 1 7. Promote industrial development, provide increased employment opportunities and supplement the financial base of the community; 88826558 1 0 130 -5 2 1 8. Provide land for publicly assisted housing; 1 9. Provide land for needed expansion of existing businesses in the 1 area; 10. Provide adequate street, utility and other public improvements and facilities to enhance the area for both new and existing development; 11. Achieve rehabilitation of buildings when economically feasible; 12. Accomplish the applicable goals of the City's Comprehensive Plan; 13. Provide maximum opportunity, consistent with sound needs of the City as a whole, for redevelopment by private enterprise; 14. Provide general design guidance in conjunction with suitable 1 development controls in order to enhance the physical environment of the area; 15. Encourage and facilitate involvement of the community in resolving neighborhood problems related to business, physical structures and land use; and 1 16. Provide financial incentives as appropriate to stimulate growth and private sector redevelopment efforts within the Project Area. D. PROPOSED PROJECT AREA REDEVELOPMENT ACTIVITIES. The stated objectives of the Redevelopment Plan are intended to be accomplished through the following actions of the HRA: 1. Clearance and redevelopment; 1 2. Relocation of buildings and the inhabitants of buildings; 3. The provision of building sites for new and expanding 1 businesses; 4. Vacation of rights -of -way; 1 5. Dedication of new rights -of -way; 6. Land acquisition and leasing; 1 7. Soils corrections and land preparation; 8. A Special Assessment Reduction Program designed to stimulate development within the Project Area; 9. New construction, or improvement of public streets and parking 1 lots; 88826558 C11130 -5 3 i 1 10. Installation or replacement of public facilities and utilities; 11. Financial subsidies to induce businesses to locate within the 1 Project Area; and 12. Landscaping and streetscape improvements . 1 E. PROJECT AREA PLAN. Figure 2 of Modification No. 11, dated April 17, 1992 portrays the 1 overall plans for the Project Area. Plan highlights include the following: 1. The Chanhassen Lakes business park comprising 450 acres, fully 1 served by sewer, water and landscaped streets; 2. The downtown redevelopment area which is intended to be redeveloped for a multiplicity of uses including convenience and I specialty retail, services, entertainment, recreational, cultural, office, institutional and multi - family residential and including public parking to adequately serve new developments; 1 3. A linear open space system within the business park and including parks on Lake Susan and in downtown Chanhassen; 1 4. The relocation of STH 101 to intersect with STH 5 at Dakota Avenue and remove traffic from the downtown area by routing it directly to STH 5 and new Market Boulevard; I 5. The extension of Lake Drive from County Road 17 to STH 101 to accommodate local traffic demands; 1 6. The realignment of West 78th Street at County Road 17 to provide adequate stacking distance between West 78th Street and STH 5; 1 7. The widening of County Road 17 from Lake Drive to the northerly line of the tax increment financing district and the creation of an urban section in this Project Area; I 8. The construction or reconstruction of public utilities within the downtown redevelopment area to accommodate new development I including the acquisition and construction of a major ponding area with over a million cubic feet of storage to serve all of the downtown area; 1 9. The construction of Market Boulevard from West 78th Street to the southerly line of the tax increment financing district; I 10. The construction of Lake Drive from Audubon to existing TH 101 and the upgrading of Audubon within the tax increment financing district; and 1 11. Redevelopment of the area north of STH 5 extending from Great Plains Boulevard easterly to realigned TH 101; 1 88826558 08130 -5 4 1 12. The development of a new park and the expansion of an existing 1 park; 13. Heritage preservation enhancements; 1 14. The meeting of public facility needs; and 15. Aesthetic improvements to Highway 5 to enhance the downtown 1 area's image and identity. F. PROJECT AREA FINANCING. The HRA has undertaken and intends to continue to develop plans for public improvements and to make land available for redevelopment by private parties within the Project Area. Previous Redevelopment Plans have contained descriptions of new projects . New proposals proposed by the HRA at this time are detailed in Subsection G of the accompanying modified Tax Increment Financing Plan. The HRA intends to finance both public improvements and redevelopment activities through a combination of special assessments and tax increment financing. Special assessments levied within the Project Area may be eligible for reimbursement through the HRA's Special Assessment Reduction Program which is described in more detail in Subsection P of the accompanying Tax Increment Financing Plan. Tax increment paid to the HRA is pledged through a written agreement with the City for repayment of bonds issued by the City to pay for public costs in the Project Area. 1 1 1 1 1 1 1 1 1 86826558 C11130 -5 5 1 1 II. TAX INCREMENT FINANCING PLAN A. STATUTORY AUTHORITY. ' Pursuant to the HRA Act, the City on December 19, 1977 created the Project in the downtown portion of Chanhassen north of Highway 5 and established the area as a tax increment financing district. On December 18, 1978, the Project was expanded to include an additional 416 acres south of Highway 5 and that area was also included as part of the TIF District. At the time of the creation of the Project, the Redevelopment Plan was adopted by the HRA and the City. The Redevelopment Plan contained details of the Project, and included a brief discussion regarding the use of TIF. This constituted the "statement of the method proposed for financing" the Project required at 1 that time by the HRA Act. Due to changed circumstances and new development opportunities, the HRA and City have chosen from time to time to amend the TIF Plan. The HRA and the City now wish to adopt another modified TIF Plan which accurately reflects the current financial plan for the Project, with particular emphasis on downtown Chanhassen. This constitutes the twelfth modified TIF Plan. ' However, adoption of this modified TIF Plan does not constitute an election on the part of the City or HRA to proceed with the Project under the TIF Act, except to the extent required by section 469.179. The HRA and City intend to continue to administer the Project as a TIF District created and certified prior to August 1, 1979, to the extent permitted by law. ' B . STATEMENT OF OBJECTIVES. The HRA and City seek to achieve the following objectives through the modified TIF Plan: 1. Provide employment opportunities within the City; 2. Improve the tax base of the City and the general economy of the City and State; 3. Encourage redevelopment of the Project Area which is an area of 1 Chanhassen which has not been utilized to its full potential; 4. Implement relevant portions of the City's Comprehensive Plan; 5. Assist in the acquisition of certain properties for the purpose of constructing needed public improvements and promoting redevelopment; and 6. Implement a program of special assessment reductions for properties within the Project Area whose market values have increased due to new construction since the creation of the TIF District. C. STATEMENT OF PUBLIC PURPOSE. In adopting the modified TIF Plan and administering the Project, the HRA and City have made the following findings: 88826558 1 08130 -5 6 1 1. Redevelopment of the Project would not reasonably be expected 1 to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of TIF is deemed necessary; 1 2. The Redevelopment and TIF Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project by private enterprise; and 3. The Redevelopment and TIF Plans conform to general plans for the development of the City as a whole. 1 D. RELATION TO REDEVELOPMENT PLAN. The City authorized the Project on December 19, 1977, and modified its boundaries on December 18, 1978. Additional land was included within the Project Area in connection with the adoption of Modification No. 7 to the TIF Plan in 1987 and with Modification No. 11, dated April 17, 1992. This Modification No. 12 does not add any property to the Project Area. E. BOUNDARIES OF TIF DISTRICT. 1 Boundaries of the TIF District area are shown on Figure 1 of Modification No. 11. The TIF District includes property in both the downtown • and Chanhassen Lakes business park areas. Legal descriptions of the boundaries of the TIF District were included as exhibits to Resolution Nos . 77 -72 and 78 -73, adopted by City Council on December 19, 1977 and December 18, 1978, respectively. The boundary of the TIF District will not be changed ed as a result of this Modification No. 12. F. DESCRIPTION OF DOWNTOWN REDEVELOPMENT AREA. 1 The downtown redevelopment area is the portion of the Project originally created by the City in 1977. It consists of approximately 175 of the Project's total of 630 acres. The downtown redevelopment area is located north of Highway 5 and a majority of it is west of Highway 101 (Great Plains Boulevard) . The area contains the retail and commercial core of the City, including the Chanhassen Dinner Theater. Although the infrastructure and public facilities have been improved significantly in recent years, the downtown redevelopment area is still characterized by the underutilization of land. G. DEVELOPMENT AND OTHER AGREEMENTS. The HRA has negotiated numerous agreements with developers in the past seeking to develop land within the downtown redevelopment area. Many of these projects have been outlined and discussed in previous modifications. In addition to those matters, the following projects are the subject of current or upcoming negotiation: 1. Target Store. The HRA intends to purchase approximately 16 acres for development of a Target Store and the creation of several outlots. The project will be located north of Highway 5 and south of West 78th Street. A portion of West 78th street will R8826558 08130 -5 7 1 be vacated to accommodate the project. Target will occupy a site of slightly more than 10 acres. 2. Taco Shop /Apple Valley Redimix. These properties on Highway 5 will be redeveloped with more attractive and appropriate land uses . Plans call for use of portions of these sites for highway- related amenities, including a rest stop or open space. Other 1 portions will be developed for highway- oriented commercial uses . 3. Conference Center /Recreational Center. The HRA intends to acquire property north of the Soo Line railroad in the vicinity of the Chanhassen Dinner Theater, including the FMG Warehouse, Chanhassen Bowling Center and Frontier Building. Plans call for development of a multipurpose conference center /recreation center /bowling facility. Retail uses, including a cinema or restaurant, and a library may also be included. 1 H. HISTORY AND CLASSIFICATION OF TIF DISTRICT. The TIF District was established by the HRA and City in late 1977 and contained approximately 175 acres centered on what is now known as the downtown redevelopment area. The TIF District was expanded the following year with the inclusion of approximately 455 acres in the area south of Highway 5 known as the Chanhassen Lakes business park. For purposes of 1 classification, the TIF District is a pre -1979 TIF District and the HRA and City intend to retain that designatioh except as required by section 469.179 of the TIF Act. 1 I. MODIFICATION OF TIF PLAN. This modification marks the twelfth formal modification of the TIF Plan. The TIF Plan may be modified again in the future by the HRA and City as changing conditions warrant. 1 J. USE OF TAX INCREMENT. All revenues derived from the TIF District shall be used in accordance with the current modified TIF Plan. The revenues shall be used to finance or otherwise pay the capital and administrative costs of development activities within the Project Area as identified in the TIF Plan. Tax increment paid to the HRA is pledged through a written agreement with the City for repayment 1 of bonds issued by the City to pay for public costs in the Project Area. K. EXCESS TAX INCREMENT. 1 In any year in which the increment exceeds the amount necessary to pay the costs authorized by the TIF Plan, the HRA shall use the excess amount to 1 do any of the following, in the order determined by the HRA: 1. Prepay any outstanding bonds; 1 2. Discharge the pledge of tax increment therefore; xEBze55e CE130 -5 8 1 1 3. Pay into an escrow account to the county auditor who shall distribute the excess amount to the City, the County and the school district in direct proportion to their respective tax capacity rates. 1 In addition, the HRA and City may choose to modify the TIF Plan again in order to provide for public improvements or other development costs within , the Project. L. DURATION AND MODIFICATION OF THE TIF DISTRICT. The geographic area of the TIF District may be reduced but it cannot 1 be enlarged after August 1, 1984. As a TIF District established prior to August 1, 1979, the TIF District will expire on August 1, 2009, except as the provisions of section 469.176, subdivision 1(e) of the TIF Act may require otherwise. M. RELOCATION. , The HRA accepts as binding its obligations under Minnesota Statutes, sections 117.50 through 117.56 for relocation and will administer relocation services for families, individuals and businesses displaced by public action. N. PROPERTIES TO BE ACQUIRED WITHIN THE TIF DISTRICT. Figure 3 of Modification No. 11 shows all properties which have been or will be acquired within the Project Area as a result of actions described or authorized by the TIF Plan. No additional property is scheduled for acquisition as a result of this Modification No. 12. O. PUBLIC IMPROVEMENTS PLANS. 1 Substantial public improvements have been undertaken during the last several years within the Project Area. Additional improvements are contemplated at the present time or in the near future. P. ESTIMATE OF PROJECT COSTS. Since the downtown redevelopment area is within an existing TIF District, increment is currently being generated and administered by the HRA. Increment generated by the TIF District has been collected by the HRA since shortly after the creation and expansion of the TIF District and Project in the late 1970s. Funds generated through tax increment have been used for a variety of purposes, including land acquisition, relocation and public improvements. The HRA commits itself to expend the portion of the increment generated by the TIF District which is necessary to pay the outlined costs. The HRA has also initiated a special assessment reduction program for properties throughout the Project. Under the program, benefitted properties are eligible for reductions in assessments if there has been an increase in the assessed value of the properties due to new construction. Properties assessed at a rate of less than $30,000 per acre qualify for a reduction equal to seven percent of the value added to the property through new construction. 1 RR826558 CB130 -5 9 I I 1 Properties assessed at a rate of $30,000 per acre or more qualify for a reduction equal to 12 percent of the added value. I The amount of the reduction for which a property owner is eligible is equal to the tax increment from the parcel (as determined by the auditor and adjusted for fiscal disparities contributions) for a three year period following I construction and commencing with the year in which the HRA receives the first full year's increment, or such other three year period as may be agreed to by the HRA and owner. However, the maximum reduction may not exceed the total special assessments levied and outstanding against the parcel for I qualifying public improvement projects. Owners wishing to participate must enter into a special assessment reduction agreement with the HRA. In addition to project costs outlined in previous modifications, the following are costs anticipated for upcoming projects: 1 Land Acquisition Taco Shop $ 313,000 Apple Valley Redimix 1,000,000 I James Property 490, 000 Burdick Property 2,736,000 Bowling Center 850,000 I Bloomberg Property 1,200,000 Subtotal 6,589,000 1 Administration 300,000 TOTAL $ 6,889,000 1 The HRA is committed to certain additional expenditures which will be of mutual benefit to the HRA, Carver County and I.S.D. No. 112. The HRA I intends to expend $500,000 per year during the period 1996 through 2000 on county highway projects within the Project Area. During the same period the HRA is committed to redistributing a similar amount through a voluntary agreement with I . S. D. No. 112 regarding increment produced as a result of I school referenda adopted after the date of certification of the tax increment financing district. I Under current state law, the HRA's activities within the Project Area will be substantially curtailed beginning on April 1, 2001. The HRA intends to seek adjustment of those restrictions from the Minnesota legislature and will seek the support of Carver County and I. S. D. No. 112 in its efforts to secure I special legislation for this purpose. If the HRA is successful in these efforts, the HRA will initiate a discussion with the county and school district regarding sharing increment during the period following April 1, 2001. 1 Q. ORIGINAL TAX CAPACITY. I The Tax Increment Financing District has been highly successful in meeting the goals and objectives outlined in this Plan. With the completion of all projects currently anticipated, over three million square feet of commercial I and industrial space will have been constructed. The current total tax RE1326558 CE130 -5 10 1 1 capacity of the Tax Increment District is $3,579,891 with a base tax capacity of $150,972. R. ESTIMATE OF CAPTURED TAX CAPACITY AND TAX INCREMENT. The estimated tax capacity of the Target store and adjacent outlots discussed in Section G of this Modification No. 12 will be $429,700 after completion. The original tax capacity for the property involved is $9,900. The estimated captured tax capacity is $419,800. Based upon current tax capacity rates, the above captured tax capacity should produce a yearly increment of approximately $480,000 after completion of the Target store. 1 S. ESTIMATE OF IMPACT ON OTHER TAXING JURISDICTIONS. The composite tax capacity rate for the property is currently 114.349 1 percent. Applying the percentage of the total tax capacity rate attributable to each taxing jurisdiction to the annual increment of $480,000 reveals the annual "loss" of tax dollars by each jurisdiction if the Target project would have occurred without TIF. Although the City and HRA believe the actual impact on other taxing jurisdictions is zero because development would not have occurred within the reasonably foreseeable future without public intervention, the assumed amount of tax dollars foregone by each jurisdiction is listed below: ESTIMATED TAX INCREMENT ATTRIBUTABLE TO VARIOUS TAXING JURISDICTIONS TAX ESTIMATED ' TAXING CAPACITY TAX LOSS JURISDICTION RATE ($) City of Chanhassen 24.1 $ 101,164 Carver County 35.23 147,884 , Independent School District No. 112 51.604 216,617 Others 3.415 14,335 i TOTAL 114.349 $ 480,000 T. ANNUAL REPORT REGARDING TIF. 1 Pursuant to section 469.175, subd. 6a of the TIF Act, the HRA must report annually by March 1 to the Minnesota commissioner of revenue the following amounts for the entire municipality: 1. the total principal amount of nondefeased tax increment financing 111 bonds that are outstanding at the end of the previous calendar year; and RH826558 1 CH130 -5 11 1 2. the total annual amount of principal and interest payments that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. The HRA must also annually report to the commissioner of revenue the ' following amounts for the TIF district. 1. the type of district, whether economic development, redevelopment, housing, soils condition, mined underground space, or hazardous substance site; 2. the date on which the district is required to be decertified; 1 3. the captured net tax capacity of the district, by property class as specified by the commissioner of revenue, for taxes payable in the current calendar year; 4. the tax increment revenues for taxes payable in the current calendar year; 5. whether the tax increment plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or may be expended on activities located outside of the district, (ii) for deposit into a common fund from • which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment district; and 6. any additional information that the commissioner of revenue may require. 1 1 1 1 1 1 RH826558 CH130 -5 12 1 - - f 1 — ' • 7 * - • -- - :—/ 4 - .. \ 0 .___ 1 . ° \ ••, - (17 – i t i l . :I , 7 ...... . Ilk\ . . 1 1 111\ I I / L • I ! • Nil ' \ • .. fi • • .. . g • N r /, I I g • • 11! 5 i .: . i . ' ! ? II (! I z l I/ 1 - 0 . 8 ' i _ , U 1 k! c a 'a% PI 1 ( f » i i' o° 1 s / 'I ' LT 1 0 NZ_ ( - ; ' [ , __ ._1_ . i Fl – I -2.‘-'-Thf 1 I - I N.. / . i Ai 1 ... .:_.- I k„ kl ,O. !RI -,A ip \ .. -..t, • f ,$ 11 )_ . A. 1 ' !I . • g ' i W '- . • I goo , • y' ` � . ri.„ ji l 5011 Iri tit I 1 z 1 It I I , ...# 4 Elli V7 1 I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1 RESOLUTION 1 Date Resolution No. I Motion By Seconded By RESOLUTION APPROVING MODIFICATION NO. 12 TO I THE REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE CHANHASSEN DOWNTOWN REDEVELOPMENT PROJECT I BE IT RESOLVED By the City Council (the Council) of the City of Chanhassen, Minnesota (the City) as follows: Section 1. Recitals. I 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) I approved a redevelopment project for the downtown Chanhassen area (Project) and adopted a redevelopment plan and tax increment financing plan (Plan) for same on November 29, 1977, and December 19, 1977, respectively. 1 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 eleven modifications since its adoption in 1977. I 1.03. Changes and additions to the public and private improvements to be constructed in the Project has prompted the need for another modification to the 1 Plan. 1.04. In response to these changes, the Authority has authorized the I preparation of a modified Plan, which is contained in a document entitled "Redevelopment Plan and Tax Increment Financing Plan for Downtown Chanhassen Redevelopment Area, City of Chanhassen Modification No. 12," dated December 14, 1992, and now on file with the city clerk. I 1.05. In accordance with Minnesota Statutes, sections 469.174 through 469.179 (TIF Act), the modified Plan was referred to the Chanhassen planning I commission which on , 1992, found that it conforms to and is not in conflict with the general plan for redevelopment of the City as a whole. 1.06. The Authority on , 1992, approved the modified Plan for the Project and referred it to the Council for public hearing and consideration as provided by the TIF Act. I 1.07. Copies of the modified Plan 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 Council on December 14, 1992, as required by the TIF Act. 1 RIi1330634 1_4 - 2 C13130-5 4__ , �� 1 1.08. The Council has fully reviewed the contents of the modified Plan 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 111 conditions of economic obsolescence, physical deterioration, underutilization and inappropriate uses of land. 2.02. It is further specifically found and determined that: 1 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. 1 2.03. The findings in this section are made in compliance with section 469.028, subdivision 2 of the Housing and Redevelopment Authorities 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. 1 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, that 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 Plan 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 Plan conforms to the general plan for redevelopment of the City as a whole. 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 Project in terms of development intensity, employment opportunities and tax base. 1 1 88830634 08130 -5 2 1 1 1 3.05. The modified 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. Adoption of Modification No. 12; Filing. 4.01. The modified Plan is hereby approved and adopted. The modified Plan incorporates by reference the original Plan and all subsequent amendments thereto, except as the modified Plan explicitly or by reasonably necessary implication conflicts with the original Plan or any of the first eleven amendments thereto. 4.02. The geographic boundaries of neither the Project area nor the TIF District are affected by this modification and are as described in the Plan, as previously modified. 4.03. The Authority is requested to file a copy of the modified Plan 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 Plan. 1 4.05. The city clerk is authorized and directed to transmit a certified copy of this resolution to the Authority. 1 DATED: , 1992 ' Donald Chmiel, Mayor ATTEST: 1 Donald Ashworth, City Clerk /Manager YES NO ABSENT 1 1 RHB30634 1 CH130 -5 3 HOLMES & GRAVEN I CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337-9300 LAURA K. MOLLET RONALD H. BATTY BARBARA L PORTwooD STEPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN I JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L WILK Ns CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929-1991) DAVID J. KENNEDY 337 -9262 JOHN R. LARSON O F COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON November 20, 1992 Mr. Dick Stolz I County Administrator Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 RE: Modification No. 12, City of Chanhassen Redevelopment Plan and TIF Plan (Downtown Chanhassen Redevelopment Area) 1 Dear Mr. Stolz: This is to notify Carver County that the City of Chanhassen will conduct a public I hearing on Modification No. 12 of the Redevelopment Plan and TIF Plan for the captioned Project at a city council meeting on Monday, December 14, 1992, at 7:30 I p.m. in the city hall. A representative of the county is invited to attend the meeting or you may send written comments to Mr. Don Ashworth, Chanhassen City Administrator. Enclosed is a draft copy of modification No. 12 of the Redevelopment Plan and TIF Plan. Your attention is especially directed to Section P of the TIF Plan regarding anticipated expenditures. I As you are aware, the county must be given 30 days notice of the public hearing or waive that requirement by submitting written comments regarding the TIF Plan. The City regrets that it was unable to give 30 days notice as is its usual practice in such matters. Because of the need to adopt the Plan modification prior to the end of the year and the fact that the Chanhassen city council will meet only once in December, I the City requests that the county waive the statutory notice requirement by submitting written comments prior to that date. If you have any questions regarding the Plan, please feel free to call me at 337 -9262 I or Mr. Ashworth at 937 -1900. - -1y, i °PA S onald H. Batty Special County to the I City of Chanhassen RECEIVE RHB:ckr - - NOV 2 4 1992 . 7:' / R>5845018 /// ; _�_ ; ` --/ CITY Ut t;hhivthASSEN CH130 -5 1 I HOLMES & GRAVEN CHARTERED I Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337-9300 LAURA K. MOLLET RONALD H. BATTY BARBARA L. PoRTwooD I STEPHEN J. BUBUL Facsimile (612) 337-9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER I JAMES S. HGLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929 -1991) DAVID J. KENNEDY 337 -9262 oFCOUNSEI JOHN R. LARSON WELLINGTON H. LAW ROBERT C. CARLSON I CHARLES L. LEFEVERE ROBERT L. DAVIDSON November 20, 1992 1 Superintendent Independent School District No. 112 1700 Chestnut Street 1 Chaska, MN 55318 RE: Modification No. 12, City of Chanhassen Redevelopment Plan and TIF Plan 1 (Downtown Chanhassen Redevelopment Area) Dear Superintendent: t This is to notify I. S.D. No . 112 that the City of Chanhassen will conduct a public hearing on Modification No. 12 of the Redevelopment Plan and TIF Plan for the captioned Project at a city council meeting on Monday, December 14, 1992, at 7:30 I p.m. in the city hall. A representative of the school district is invited to attend the meeting or you may send written comments to Mr. Don Ashworth, Chanhassen City Administrator. 1 Enclosed is a draft copy of modification No. 12 of the Redevelopment Plan and TIF Plan. Your attention is especially directed to Section P of the TIF Plan regarding I anticipated expenditures. As you are aware, the school district must be given 30 days notice of the public hearing or waive that requirement by submitting written comments regarding the TIF I Plan. The City regrets that it was unable to give 30 days notice as is its usual practice in such matters. Because of the need to adopt the Plan modification prior to the end of the year and the fact that the Chanhassen city council will meet only I once in December, the City requests that the school district waive the statutory notice requirement by submitting written comments prior to that date. If you have any questions regarding the Plan, please feel free to call me at 337 -9262 I or Mr. Ashworth at 937 -1900. Sin rely, 1 `,A;. nald H. Ba y I Special County to the City of Chanhassen RHB : ckr i 112133450113 1 CH130 -5