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05-491Council File # v� ` `` Resolution # Green Sheet # 3026478 RESOLUTION CITY OF SA�T PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 WHEREAS, in 2003, the State of Minnesota Legislature enacted Minnesota Statutes 2 Sections 469330 et. seq. providing for the creation of biotechnology and health 3 sciences industry zones throughout the State of Minnesota (hereinafter referred to as the 4 "State"); and WHEREAS, pursuant to Minnesota Statutes Sections 469331 (a) and 469333, the City Council of the City of Saint Paul, Minnesota (hereinafter referred to as the "City"), on October 15, 2003, by and through C.F. 03-934, adopted a Development Plan (hereinafter referred to as the "Plan") and applied for designation of a biotecluiology and health sciences indushy zone in the City; and 10 WHEREAS, the Plan contains among other things, a description of the tax credits and 11 exemptions under Minnesota Statutes Section 469336 that could be made auailable to a qualified 12 business located within a biotechnology and health sciences industry zone (hereinafter referred to 13 as the "Tas Exemption/Credit Program"); and 14 WHEREAS, on January 1, 2004, the State through its Commissioner ofDepartment of 15 Employment and Economic Development (hereinafter referred to as the "Commissioner"), 16 designated a biotechnology and health sciences industry zone in the City (hereinafter referred to 17 as the "Zone"); and 18 WHEREAS, Gel-Del Technologies, Inc. (hereinafter referred to as "the Company"), is a 19 biotechnology and health sciences company that is engaged in developing biomedical products 20 simulating human tissue; and 21 WHEREAS, the Company is a lessee of a portion of the property located at 1000 22 Westgate Drive in the City of Saint Paul (hereinafter referred to as the "Project Property"), which 23 Project Property is located within the Zone; and 24 WHEREAS, the Company is a"qualified business" as that term is defined under 25 Minnesota Statutes Section 469330, Subd. 11; and 26 WHEREAS, the Company is applying to the Commissioner for a tax credit certificate 27 pursuant to Minnesota Statutes Section 469.335 seeking to claim taac credits and exemptions 28 from eligible ta}ces as outlined in Minnesota Statutes Sections 469336 though 469339 anclusive; 29 and 30 WHEREAS, the City supports the Company's above-described request for a tax credit 31 certificate provided the Company sarisfies the conditions and obligations contained in a v� ` 32 Development Agreement and Business Subsidy Agreement to be made by and between the City 33 and Company, which approval of said agreements is sought by this Resolution; and 34 35 WHEREAS, the State requires the City and the Company to enter into a Development 36 Agreement and Business Subsidy Agreement both as a condition to the Company's participation 37 in the Tas Exemption/Credit Program and for the purpose of setting forth the respecrive 38 responsibilities of the City and Company in carrying out to a successful conclusion the TaY 39 Exemption/Credit Program in accordance with all federal, state and local laws; and 40 WHEREAS, a public hearing having been had upon the above-referenced Business 41 Subsidy Agreement in accordance with State law and upon due notice, and the City Council 42 having heazd all persons, objecrions and recommendations relative thereto, and having fixlly 43 considered the same; 44 NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul, 45 Minnesota hereby: 46 1. Approves the execution of a Development Agreement and a Business Subsidy 47 Agreement with the Company in substanrially the forms respectively submitted, and that the 48 required City officials are hereby authorized and directed to execute the Agreement on behalf of 49 the City. The Director of the Deparhnent of Planning and Economic Development is hereby 50 further designated and authorized to negotiate and agree to any amendments, deletions or 51 revisions to the above-referenced agreements prior to their respective execution which do not 52 substantially change the rights or obligations of the City, subj ect to the following conditions: a) 53 such amendments, deletions or revisions do not materially adversely affect the interests of the 54 City; b) such amendments, deletions or revisions do not contravene or violate any policy of the 55 City; and c) such amendments are acceptable in form and substance to the Saint Paul City 56 Attomey. Plannin & Economic D velo ment �° ��� ���- �� � Green Sheet.Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � i DepartmenUoffice%ouncil: Date Initiated: I �` ��, i PE — Planning&EconomicDevelo�ment ��-�Y-0S , Green Sheet NO: 3026478 CoMact Person 8 Phone: Martin Schieckel 266-6580 Must Be on 01-JUN-O5 � i uew`unenc aefrz�oreison �mnavuace 0 lannin & Economic Develo i Team Leader - AI C �� Assign 1 lannin¢ & Ec000mic Develon � Deoartment DirecWr i �� Numbe� Z ,C�h•Attomev � CitvAttornev I� II110S For T� Rou[ing 3 inancial Services I Office Financial Servi : Order 4 avor's Office � Mavor/ASSista�[ 5 Couocil I Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approve for submission to Ciry Council a resolurion approving the execurion of a Development Agreement and Business Subsidy Agreement with Gel-Del Technologies, Inc. The resolution needs to be on the June 1, 2005 City Council agenda for a scheduled public hearing on the Business Subsidy Agreement. Recommendations: Approve (A) or Rejeci (R): Planning Commission CIB Committee Civil Service Commission Personaf Service Contrects 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? - Yes No Explain all yes answers on separete 5heet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City Council, through C.F. 03-934, adopted a Development Plan and applied for designarion of a biotechnology and health sciences indushy zone in St. Paul. The Plan allows for tas credits and exemprions to be offered to qualified businesses under Minnesota Statutes Section 469336. Gel-Del Technologies, Inc. is a qualified business seeldng tax credits and exemptions under this progtam. City Cauncil action, including a public hearing, is required to approve the necessary Agreements. Advanqpes If Approved: Will be able to access a State funding sousce to support the crearion of a new biotechnology business m St. Paul. Disadvantapes If Approved: None. Disadvantaqes If Not Approved: � Will reduce the opportuvities for the successful start-up of a new biotechnology business in St. Paul. Total Amount of O Trensaction: Fundinq Source: _ CosURevenue Budgeted: Activity Number: �S r°��S9�iG�1 �i°'n§°�` Financial Information: State taY credits and exemptions. MAV 2 3 2�0� (Explain) 0