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November 23, 2010 Page 3 of 5 <br />During the 2010 regular session, the Minnesota Legislature adopted the so-called Jobs Bill. One of those <br />provisions (Sec. 32) modified state statutes related to the use of tax increment. This provision allows cities to <br />spend tax increments (i.e. cash from existing TIF districts) for certain activities intended to stimulate <br />construction. The Jobs Bill would allow cities like New Brighton to use these resources as an economic <br />stimulus. In our case, these funds would be used to assist the proposed Stuart Development project. <br />Councilmember Bauman questioned if the city is required to approve the Stuart proposal as part of the process. <br />Director Femelius reported the City is obligated to provide some specificity. Councilmember Burg <br />requested an explanation of the use of the money if it is not used for this purpose. Director Femelius explained <br />that if there is any surplus, it would go back to the various taxing jurisdictions. Mark Ruff, representing Ehlers <br />reported that the plan is to be transparent as well as allow for some flexibility in the event costs are less than <br />anticipated. Councilmember Samuelson requested clarification on what the process is if the Stuart project <br />does not materialize. Director Femelius responded if the closing never occurs, the City would keep the $1.2 <br />million in the tax increment districts. If the projects starts, and the funds are released to the developer, these <br />types of scenarios are addressed in the development agreement. Councilmember Bauman questioned <br />if Stuart Companies is the only interested party. Councilmember Phillips questioned if Stuart was no longer <br />interested, would the City have the opportunity to work with another developer. Director Femelius responded <br />that the TIF plan would likely have to be amended. <br />Motion by Councilmember Phillips, seconded by Councilmember Burg to open the Public Hearing <br />5 Ayes, 0 Nays-Motion Carried <br />Mayor Jacobsen opened the Public Hearing at 6:50 pm. <br />Mayor Jacobsen asked for additional questions, there were none. <br />Motion by Councilmember Phillips, seconded by Councilmember Samuelson to close the Public <br />Hearing. <br />5 Ayes 0 Nays-Motion Carried <br />The Public Hearing was closed at 6:51 pm <br />Motion by Councilmember Phillips, seconded by Councilmember Samuelson to approve the <br />resolution approving the TIF Spending `Plan for TIF Districts 23, 25, 27, 28, 30 and 33. <br />5 Ayes, 0 Nays-Motion Carried <br />Council Business Council Business <br />1. Don & Cindi Fitch request approval of a Special Use Permit and Nonconforming Use I. Considerrmonof <br />SUPand NCat2200 <br />Permit to permit construction of a drive-thru facility at 2200 Silver Lake Road. Report Silver Lake Rd.Report <br />No. 10-263. Resolution No. 10-075. *Moved from the Consent Agenda. No. 263. Momdfrom <br /> theConsentAgenda <br /> Resolution No. 10- <br /> 075. <br />Councilmember Phillips reported he is favor of the Dairy Queen, and explained this is a site with <br />many non-conformities. It was reported there was a portion of seven or eight parking stalls that