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RES 11-02Extract of Minutes of Meeting of the Board of Commissioners of the Housing and Redevelopment Authority of the City of Elk River, Sherburne County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the Board of Commissioners of the Housing and Redevelopment Authority of the City of Elk River, Minnesota, was duly held in the City Hall in the City of Elk River, on August 1, 2011, commencing at or after 5:30 P.M. The following members were present: Chair Wilson, Commissioners Lieser, Motin and Toth and the following were absent: Commissioner Koester Member Toth introduced the following resolution and moved its adoption: RESOLUTION NO. 11- 02 RESOLUTION ADOPTING AN AMENDED SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 16 AND MODIFYIl~TG INTERFUND LOAN RESOLUTION 02-OZ BE IT RESOLVED By the Board of Commissioners (the "Board"} of the Housing and Redevelopment Authority of the City of Elk River, Sherburne County, Minnesota (the "Authority") as follows: Section 1. Background; Findings. 1.01 Minnesota Statutes, Section 469.176 Subd. 4m, (the "Temporary TIF Authority Act") was amended by the omnibus technical tax bill (Chapter 112 - HF 1219) signed into law by Governor Dayton on May 31, 2011 to extend deadlines originally set to expire in 2011. 1.02. The Temporary TIF Authority Act, as amended, authorizes the Authority to spend available tax increment from any existing tax increment financing district, notwithstanding any • other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in 369515v2JSB EL185-12 any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before July 1, 2012; (3) The construction would not have commenced before that date without the assistance; (4) Tax increments under the Spending Plan are spent by December 31, 2012; and (4) The City Council approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions. 1.03. The City Council and the Authority have adopted a spending plan for the following Tax Increment Financing District No. 16 (the "TIF District"} in accordance with the Temporary TIF Authority Act (the "Spending Plan") to utilize existing tax increment revenues from the TIF Districts in order to stimulate construction or rehabilitation of private development in a way that will also create or retain jobs. ® 1.04. The Authority proposes to amend the Spending Plan to conform to the amendments to the Temporary TIF Authority Act and authorize the use of tax increments expected to be generated over the extended period. 1.05. On August 1, 2011, the City Council will hold a public hearing regarding amending the Spending Plan, for which notice was published in a newspaper of general circulation in the City at least once, not less than ten days nor more than 30 days prior to the hearing, and at which hearing all persons were given the opportunity to be heard. Section 2. Approval of the Amendment to Interfund Loan Resolution and Adoption of Spending_Plan. (a) The Spending Plan for the TIF District, as amended, is hereby approved and adopted in substantially the form submitted to the Authority subject to approval by the City Council after the public hearing. (b) The Board hereby recommends approval of the Spending Plan, as amended, by the City Council following a public hearing. • 369515v2 JSB EL185-12 • The motion for the adoption of the foregoing resolution was duly seconded by Member Motin ,and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. ......_ 4 Stewart Wilson Chairman • ATTEST: Annie Deckert Director of Economic Development • 388753v2 JSB EL185-13 t STATE OF MINNESOTA ) COUNTY OF SHERBIJRNE ) SS. CITY OF ELK RIVER ) I, the undersigned, being the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Elk River, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the Board of Commissioners held on August 1, 2011, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the adoption of an amended spending plan for Tax Increment Financing District No. 16. WITNESS My hand as Secretary and this 1g~day of August, 2011. • -~-.~_.5~--''~' Secretary Housing and Redevelopment Authority of the City of Elk River, Minnesota • 369515v2 JSB EL185-12 SPENDIl~?G PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 16 (A REDEVELOPMENT DISTRICT) HOUSING AND REDEVELOPMENT AUTHORITY ADOPTION JUNE 7, 2010, AS AMENDED, AUGUST 1, 2011 CITY COUNCIL ADOPTION JUNE 21, 2010, AS AMENDED, AUGUST 1, 2011 • 369391v4 JSB EL185-12 SPENDII~TG PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 16 (A REDEVELOPMENT DISTRICT) PURPOSE The Housing and Redevelopment Authority of the City of Elk River, Minnesota (the "HRA") proposes to adopt a Spending Plan for Tax Increment Financing District No. 16 (a Redevelopment District) (the "TIF District") in accordance with Minnesota Statutes, Section 469.176 Subd. 4m (the "Temporary TIF Authority Act"). The purpose of the Spending Plan is to develop or redevelop sites, lands or areas within the City of Elk River, Minnesota (the "City") in conformance with the City's Comprehensive Plan by using available tax increments from the TIF District to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, which will .create or retain jobs in this state. II. PLAN The HRA is authorized as follows: (a) To amend resolution 02-02 to defer payment of the interfund loan described therein. (b) To use available tax increments from the TIF District to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities for (i) outpatient medical clinics, (ii) Class I restaurants of at least 50 seats, (iii) green manufacturing or other renewable energy facilities, and (iv) general light industrial or manufacturing. The construction or substantial rehabilitation of such facilities must commence before July 1, 2012 (or such later date as authorized under the Temporary TIF Authority Act if amended) and would not have commenced by such date without the assistance provided pursuant to this Spending Plan. (c) To amend the budget set forth in the Tax Increment Financing Plan for the TIF District as necessary to provide for the assistance authorized by this Spending Plan. (d) To take any other action necessary and authorized under the Temporary TIF Authority Act connection with the construction or substantial rehabilitation of facilities of the type described in Clause (b) above. The assistance provided pursuant to this Plan shall be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidy Law"), if applicable, and shall be subject to the requirement that the recipient create or retain at least 1 full time equivalent jobs (including construction jobs) for every $25,000 of assistance provided. 369391v4 JSB EL185-12 • The authority to -spend tax increments pursuant to tlus Spending Plan terminates on December 31, 2012 (or such later date as authorized under the Temporary TIF Authority Act, if amended). 369391 v4 JSB EL185-12