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BRIGGS AND MORGAN <br />2200 FIRS"I' NA"fIONAL BANK BUILDING <br />332 MINNESO"I'A STREET <br />SAIN"f PAUL, MINNESO'T'A 55101 <br />TELEPiIONE (651) 808-6600 <br />FACSIMILE (651) 808-6450 <br />PROFESSIONAL ASSOCIATION <br />August 29, 2006 <br />VIA E-MAIL <br />Cathy Mehelich <br />Community Development Director <br />Elk River City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330-5600 <br />Dear Cathy: <br />WRI'1'1?R'S DIRECT DIAL <br />(651) 808-6620 <br />WRI"I'ER'S E-MAIL <br />mippel@briggs.com <br />It is my understanding that the Elk River Housing and Redevelopment Authority (the <br />"HRA") is contemplating the purchase of certain real estate within the City of Elk River pursuant <br />to a contract for deed. It is proposed that at some point the existing structures on the land would <br />be demolished and a public parking ramp would be constructed. <br />The HRA has the authority under Minnesota Statutes, Section 469.001 to 469.047 to <br />undertake housing projects, housing development projects or redevelopment projects or a <br />combination of those projects. This project would qualify as a redevelopment project and prior <br />to undertaking a redevelopment project, Minnesota Statutes, Section 469.028 requires that when <br />an HRA determines that a redevelopment project should be undertaken, it shall apply to the <br />governing body of the City in which the project is located for approval. The application shall be <br />accompanied by a redevelopment plan, a statement of the method proposed for financing the <br />project, and the written opinion of the Planning Commission. Before approving any <br />redevelopment plan, the governing body of the City shall hold a public hearing thereon after <br />published notice in a newspaper general circulation in the municipality at least once not less than <br />10 days nor more than 30 days prior to the date of the hearing. <br />The HRA shall not proceed with the project unless the governing body of the City finds <br />by resolution that: <br />1. the land in the project area would not be made available for redevelopment <br />without the financial aid to be sought; <br />2. the redevelopment plans for the redevelopment areas in the locality will afford <br />maximum opportunity, consistent with the needs of the locality as a whole, for the <br />redevelopment of the areas by private enterprise; and <br />1940157v1 MINNEAPOLIS OFFICE • IDS CENTER • WWW.BRIGGS.COM <br />MEMBER - LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT' LAW FIRMS <br />