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November 23, 2010 Page 3 of 5 During the 2010 regular session, the Minnesota Legislature adopted the so-called Jobs Bill. One ofthose provisions (Sec. 32) modified state statutes related to the use oftax increment This provision allows cities to Tend tax increments (i.e cash from existing TIF districts) for certain activities intended to stimulate construction. The Jobs Bffi would allow cities like New Brighton to use these resources as an economic stimulus. In our case; these fiords would be used to assist the proposed Stuart Development project Councilmember Bauman questioned ifthe city is required to approve the Stuart proposal as part ofthe process. DirectorFemelius reported the Cityis obligated to provide some specificity. Councilnmember Burg requested an explanation ofthe use ofthe money ifit is not used for this purpose. DaectorFemneliusexplained that ifthere is any surplus, it would go back to the various taxing jurisdictions. Mark Ruff, representing Ehlers reported that the plan is to belrasparemt as well as allow for some flexibility in the event costs are less than anticipated Councilmember Samuelson requested clarification on what the process is ifthe Stuart project does not materialize. Director Fc menus responded ifthe dosing never occurs, the City would keep the $1.2 million in the tax increment mment districts. If theprojects starts, and the fiurds aro released to the developer, these types of scenarios are addressed in the development agreement Councilmember Bauman questioned if Stuart Companies is the only interested party. Councilmember Phillips questioned if Stuart was no longer interested, would the City have the opportunity to, work with another developer. DirectorFemelius responded that the TIF plan would likdybave to be amended Motion by Councilmember Phillips, seconded by Councilmember Burg to open the Public Hearing 5 Ayes, 0 Nays -Motion Carried Mayor Jacobsen opened the Public Hearing at 6:50 pm. Jacobsen asked for additional questions, there were none. 'Mayor Motion by Councilmember Phillips, seconded by Councilmember Samuelson to close the Public Hearing. 5 Ayes 0 Nays -Motion Carried The Public Hearing was closed at 6:51 pm Motion by Councilmember Phillips, seconded by Councilmember Samuelson to approve the resolution approving the TIF Spending Plan for TIF Districts 23, 25, 27, 28, 30 and 33. 5 Ayes, 0 Nays -Motion Carried Council Business Council Business 1. CbmWau onof 1. Don & Cindi Fitch request approval of a Special Use Permit and Nonconforming Use Permit to permit construction of a drive-thru facility at 2200 Silver Lake Road. Report SUPmrINCat2200 ,h.LakeRd, Tod No. 10-263. Resolution No. 10-075. *Moved from the Consent Agenda. Na 263. Abvelfi Me CanyawAgmla Resolution No. 10- 075. Councilmember Phillips reported he is favor of the Dairy Queen, and explained this is a site with many non -conformities. It was reported there was a portion of seven or eight parking stalls that