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02-026 RES Extract of Minutes of Meeting of the Elk River City Council Pursuant to due call and notice thereof, a duly called and held regular or special meeting of the Elk River City Council was held in the Elk River City Hall on April 8, 2002. The following members of the Council were present: Mayor Klinzing, Council Members Dietz, Kuester, Tveite and Motin and the following were absent: None During said meeting, Councilmember Motin following Resolution and moved its adoption: introduced the RESOLUTION NO. 02- 26 RESOLUTION APPROVING DEVELOPMENT PROJECT AND DEVELOPMENT PROGRAM BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, Minnesota (the "City"), as follows: Section' 1. Recitals. 1.01. It has been proposed by the Elk River Economic Development Authority (the "EDA") that the EDA establish its Develgpment Project No. 1 (the "Project") and adopt the Development Program for the Project to reflect public development and redevelopment costs and activities, all pursuant to Minnesota Statutes, Sections 469.090 through 469.108,469.001 through 469.047 and 469.124 through 469.134, respectively (collectively, th~ "Plans"); and all as reflected in that certain document entitled in part "Development Project No. 1 of the Elk River Economic Development Authority," dated as of April 8, 2002, and presented for the Council's consideration. As used herein, the term "development" includes redevelopment. 1.02. The Council has been advised of the facts relating to ihe Plans. 1.03. The City has performed certain actions prior to the adoption and approval of the Plans, including a review by the City Planning Commission of the Plans and the holding of a Council public heating thereon following at least 10 but not more than 30 days' prior published notice thereof. Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans are in the public interest. 1382791vl 2.02. The Council further finds that, based in part upon the nature of the subject properties and the intended development thereof, the proposed development would constitute a "redevelopment project" under Minnesota Statutes, Section 469.002, Subdivision 14 (in part because the successful completion of planned or likely improvements in the Project is believed to lessen or prevent emergence of factors, such as population downturn and resultant economic stag-nation, which may contribute to the emergence of blight); that the proposed developments would not or could not occur solely through private investment within the reasonably foreseeable future and that the land in the Project would not be made available for such redevelopment without the aid to be soug4ht and,' therefore, the use of EDA powers is deemed necessary; that the Plans conform to the general plan for the development or redevelopment of the City as a whole because the proposed project is properly zoned or otherwise designated for the intended uses, and the anticipated development is in furtherance of long range plans of the City for the respective areas; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Project by private enterprise and otherwise because they will enable the EDA to provide and finance suitable and necessary public inducements and assistance. 2.03. The Council further finds that the Plans are intended and, in the judgment of this Council, their effect will be, to promote the public purposes and accomplish the objectives specified in the Development Program for Development Project No. 1. Section 3. Approval and Adoption of the Plans. 3.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Clerk. Adopted by the Elk River City Council on April 8, 2002. 1382791vl - CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Elk River, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on the date therein indicated, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and' correct transcript thereof insofar as said minutes relate to the actions referenced therein with respect to Development Project No. 1 of the Elk River EDA. WITNESS My hand officially and the official seal of the City this 8th day of April ,2002. .~ City Clerk City of Elk River, Minnesota (SEAL) 1382791vl