04-096 RES
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF ELK RIVER, MINNESOTA
HELD: December 6, 2004
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Elk
River, Sherburne County, Minnesota, was duly called and held at the City Hall in said City on
Monday, the 6th day of December, 2004, at 6:30 o'clock p.m.
The following members were present:
Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
and the following were absent:
None
Member Tveite
adoption:
introduced the following resolution and moved its
RESOLUTION 04-96
RESOLUTION AUTHORIZING EXECUTION OF
A DEVELOPMENT AGREEMENT
A. WHEREAS, MetroPlains Development, LLC (the "Developer") has requested
that the City of Elk River, Minnesota (the "City") assist with the financing of certain costs of
acquiring approximately one acre of real property located in the City, demolishing and clearing
the existing structures thereon and constructing approximately 68 units of owner-occupied
housing and approximately 10,820 square feet of retail space, together with related parking
facilities (the "Bluff Block Development") and constructing approximately 32 units of rental
housing and approximately 13,000 square feet of retail space, together with related parking
facilities, (the "Jackson Block Development"), to be undertaken by the Developer in the City
(collectively, the "Project").
B. WHEREAS, the Developer and the City have determined to enter into a
Development Agreement providing for the City's assistance for the Project (the "Agreement").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows:
1. The City Council hereby approves the Agreement in substantially the form
submitted, and the Mayor and Administrator are hereby authorized and directed to execute the
Agreement on behalf of the City.
2. The approval hereby given to the Agreement includes approval of such additional
details therein as may be necessary and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and appropriate and approved by the City
officials authorized by this resolution to execute the Agreement. The execution of the
S:\Resolutions\2004 Resolutions\Unapproved\EDA Dee
6IAPPROVING _DEVELOPMENT_AGREEMENT _ SETIING _GOALS _AT _ ZERO DOC
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Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the
approval of the Agreement in accordance with the terms hereof.
3. In accordance with the provisions of Minnesota Statutes, Sections 116J.993 to
I 16J.995 (the "Business Subsidies Act"), the City has determined that the public purpose of the
Project is to encourage the redevelopment of an area of the City which is already built up, to help
prevent the emergence of blight, to provide employment opportunities, to improve the tax base
and to encourage the construction of adjacent housing facilities in the City. After holding a
public hearing November 1, 2004, the City has determined that creation and retention of jobs is
not a goal of the Business Subsidy for this project and consequently hereby sets the wage and job
goals for the Project at zero as set forth in the Agreement.
The motion for adoption of the foregoing resolution was duly seconded by member
Dietz and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
and the following voted against same:
None
Adopted this 6th day of December, 2004.
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C Y lerk
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RlVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing
extract of minutes with the original minutes of a meeting of the City Council of the City held on
the date therein indicated, which are on file and of record in my office, and the same is a full,
true and complete transcript therefrom insofar as the same relates to a Resolution Authorizing
Execution of a Development Agreement.
WITNESS my hand as such Clerk of the City Council of the City of Elk River,
Minnesota this q~ay of December, 2004.
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Cit/y Cyrk
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