05-0887R                                                          REPLACEMENT


BY COUNCILOR REINERT (introduced by President Ness):

     The city council makes the following findings:

     (a)  It is in the public interest to have adequate multi-use meeting, community center and recreational facilities that are conveniently located within the city;

     (b)  Assisting in the development of such multi-use and recreational facility is a public purpose which purpose is consistent with the Laws of Minnesota and the City Charter;

     (c)  After a needs assessment, the city has determined that there is a need for expanded multi-use and recreational facilities in the area of town served by the city park known as Wheeler Field;

     (d)  City officials, community leaders and officials of the Salvation Army have engaged in extensive discussion and planning about a multi-use and recreational facility that would meet the public need. City of Duluth, through its employees and city council, has identified the preferred site location, although the exact boundaries will depend upon the final facility design, which is currently in progress;

     (e)  The council’s primary interest in completion of the facility, which will be part of a program operated under the legacy gift of Joan Kroc, donor, is the furnishing of multi-use and recreational opportunities to the citizens.

     NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth intends to, as soon as possible, as part of the development of the project known as the Kroc Center, transfer to the Salvation Army, an Illinois not for profit corporation, a suitable tract of land at the site in Duluth, Minnesota, known as Wheeler Field, of approximately four to five acres, the approximate boundaries of which are shown on the diagram on file with the clerk as Public Document No. __________, for use as the location of the planned Kroc Center development, which is a multi-use meeting, recreation and community center, privately managed by Salvation Army, for fair market value, and at no loss of value to the city, and that the city now declares the land to be available for sale and to be sold without bids, and to be sold for an alternative price, as required by Duluth City Code sections 2-176 and 2-177, subject to conditions below.

     BE IT FURTHER RESOLVED, that the transfer is conditioned upon the following:

     (a)  All legal requirements for such a transfer are met, including any required affirmative vote of the city council and planning commission, and declaration that the land is available for transfer;

     (b)  The city has fee ownership, or other estate acceptable to Salvation Army, that it can transfer to the buyer;

     (c)  The parties have duly entered into a purchase agreement and a development agreement for the construction and operation of the Kroc Center in accordance with all applicable laws, ordinances and regulations, including the Constitutions of Minnesota and of the United States of America;

     (d)  Any financing, subsidy, contribution or payment to be made by the city in relation to the project has been duly approved by the city council, or any other body from which approval is required, upon or after the date that this resolution is approved.

STATEMENT OF PURPOSE:  This resolution expresses the city’s intent to sell land, at fair market value, for construction of the Kroc Center and declares it available for transfer, as required by City Code. There should be no affect on the tax base. If the land currently occupied by a gas station is included, some tax base could be lost. The sale itself will have to be done by ordinance. Before the sale is completed, the exact boundaries, sale price, operation issues, etc. will be determined and contained in a purchase and development agreement which will come before the council. These events will happen as part of the application and approval process for the Kroc Center in Duluth.