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ARDEN HILLS SPECIAL CITY COUNCIL—DECEMBER 20, 2010 2 MOTION: Mayor Harpstead moved and Councilmember McClung seconded the motion to approve the minutes as presented. Motion carried unanimously {5-0.) 4. CONSENT AGENDA - 4.A Approve Ordinance 2010-016 Adopting the 2011 Utility Use Charges - MOTION: Councilmember Grant moved and Mayor Har stead seconded the motion to approve Consent Agenda. Motion carried unanimous) 5-0. 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS None. 8. UNFINISHED BUSINESS &A Proposed TIF District—Presbyterian Homes Redevelopment Community Development Director Hutmacher explained that at the December 13, 2010, meeting the Council reviewed and discussed the proposed modification to the Development Program for Development District No. 1 and the establishment of Tax Increment Financing District No. 4 to assist with the redevelopment of Presbyterian Homes of Arden Hills. The Council provided direction regarding negotiations on the TIF contract with Presbyterian Homes. She then reviewed the changes to the contract as requested by the Council. Section 1.1 Definitions. A definition for Environmental Response Actions was added. The change to the definition of Housing Revenue Bonds reflects the changes to financing provisions in Article VII of the contract. Section 3.5, subsection(d). Environmental matters. Changes to this section include: • The City and Developer will cooperate on seeking grants from the State and other sources; • The Developer will enter into any agreements necessary to disburse and administer grant proceeds; • The Developer shall not be obligated to pay more than $50,000 over and above grant proceeds for environmental remediation; • If the Developer's costs for environmental remediation exceed $50,000 over and above grant proceeds, the Developer will notify the City. The City then has two options: