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RES 18-11v.City of Elk River ver City Council Resolution 18-11 A Resolution of the City Council of the City of Elk River Denying Tax Increment Assistance for Elk Mv9err Lodge & Residential Suites, LLC WHEREAS, the City of Elk River, Minnesota (the "Cite is authorized by Minnesota Statutes, Sections 469.174 to 469.1794 (the "TIF Act's to grant a tax increment assistance in accordance with the TIF Act; WHEREAS, the City has reviewed a proposal by Elk River Lodge & Residential Suites, LLC (the "Developer'D to utilize a portion of the tax increments to be generated by the proposed construction of an approximately 40 -unit rental housing facility (the "Jackson Hills Project") to finance interior and exterior renovations to the Elk River Lodge located within the City (the "Lodge Improvements'D in connection with a conversion to residential rental units; WHEREAS, (i) the Lodge Improvements do not generate tax increments sufficient to finance the requested amount of assistance in the application as a portion of the Lodge Improvements have previously commenced with permits pulled, thus negating incremental value, and (ii) the proposed use of tax increments for the Lodge Improvements does not meet the but -for test under the TIF Act because a portion of the proposed Lodge Improvements are required to bring the Elk River Lodge into compliance with the City's zoning code and construction on a portion of the Lodge Improvements has already commenced; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Council denies the Developer's application and declines to provide assistance for the Lodge Improvements. 2. This resolution is effective on the date hereof and staff is directed to return any unspent portion of the Developer's deposit for costs after applying such deposit to costs incurred by the City through the date hereof. Passed and adopted this 206 day of February 2018. ut � Tina Allard, City Clerk j J. Dietz, &Zyor rorratt ar MATURE