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92-35 A CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date M~rc.h 9, 1992 Resolution No. Motion By Workman Seconded By 92-35A Mason 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. On May 22, 1989, the boundaries of Development District No. 2 were expanded and the Program accordingly modified. 1.03. On May 22, 1989, the boundaries of Tax Increment Financing District No. 2-1 were expanded and the Plan modified and the Plan for Tax Increment Financing District No. 2-1 was again modified on October 22, 1990. 1.04. It has been proposed that the City again expand the boundaries of Development District No. 2 and modify the Plan for Tax Increment Financing District No. 2-1 in order to authorize financing of additional public expenditures within Development District No. 2. 1.05. The Council has investigated the facts and has caused to be prepared a modified Development Program for Development District No. 2 and a modified Plan for Tax Increment Financing District No. 2-1, describing the additional actions to be undertaken by the City to aid the development of property within Development District No. 2. 1.06. The City has performed all actions required by law to be performed prior to the enlargement of Development District No. 2 and the modification of the Plan for Tax Increment Financing District No. 2-1, 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 RHB30606 CH130-11 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 Plan upon such notice as is required by law. 1.07. The modified Development Program and Tax Increment Financing Plan are contained in a document entitled "Modified Development Program, Development District No. 2 and Modified Tax Increment Financing Plan, Tax Increment Financing District No. 2-1, City of Chanhassen, Minnesota," dated March 9, 1992, and on file in the office of the City Manager. 1.08. 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; b) 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 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 Modification of the Plan for Tax Increment Financing District No. 2-1. 3.01. It is the opinion of the Council that development of the properties included within the 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 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 commission. 3.03. The Council finds that the modified Plan for Tax Increment Financing District No. 2-1 will afford maximum opportunity, consistent with the sound needs RHB30606 CH130-11 2 of the City as a whole, for development of the expanded District by p~ivate enterprise. 3.04. The Council further finds that the authorization for additional public expenditures and other changes reflected in the modified Plan for Tax Increment Financing District No. 2-1 are intended, and in the judgment of the Council, their effect will be to promote the public purposes and accomplish the objectives specified in the modified Tax Increment Financing Plan and Development District Program. 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 the modification of the budget and other matters related to 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. This modification of the Plan for Tax Increment Financing District No. 2-1 does not involve the addition of any property to Tax Increment Financing District No. 2-1. 4.03. The City Manager is authorized and directed to file a copy of the modified Development Program and modified Tax Increment Financing Plan with the Minnesota commissioner of trade and economic development. DATED: March 9, 1992. ATTEST: Donald A~sh~rt~~ity ~l~nager ])6nald Chmi~l, Mayor YES Chmiel Wing Dimler Mason Workman ~0 None ABSENT None RHB30606 CH130-11 3