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Motion carried. Voting Yes: Chairperson McGlone, Commissioners Ramsey, Wise, Backous, <br />Elvig, Strommen, and Tossey. Voting No: None. <br />5.04: Consider Granting Access and Utility Easement Over Outlot A, COR ONE <br />Development Manager Lazan reviewed the staff report. <br />Motion by Commissioner Wise, seconded by Commissioner Ramsey, to approve granting access <br />and utility easement over Outlot A, COR ONE and to enter into a Reciprocal Easement <br />Agreement with Flaherty & Collins regarding the shared access between Lot 3, Block 1, COR <br />ONE and Outlot A, COR ONE. <br />Motion carried. Voting Yes: Chairperson McGlone, Commissioners Wise, Ramsey, Backous, <br />Elvig, Strommen, and Tossey. Voting No: None. <br />5.05: Consider Letter of Engagement for Legal Services <br />Development Manager Lazan reviewed the staff report. <br />HRA Executive Director Ulrich stated staff works with a variety of consultants depending on <br />area of expertise, which is the intent of this consideration and to gain efficiencies. <br />The HRA acknowledged Attorney Judith Krow and Fabtanske, Westra, Hart, and Thomson have <br />an outstanding reputation related to real estate law and commercial transactions; however, <br />concern was expressed that the work of Ms. Krow had not been covered by an engagement letter <br />and the untimely submittal of the January 21, 2012, invoice for Ms. Krow's work. <br />Development Manager Lazan explained Ms. Krow had responded to an immediate need and <br />apologized the letter of engagement and invoice were not submitted in a timely manner. It was <br />noted the former HRA Executive Director had authorized the work to be conducted by Ms. Krow <br />due to its immediate nature, the amount was within the budget for legal services, and the hourly <br />rate charged was less than the current rate of Mr. Bray. <br />The HRA also debated whether the creation of a legal consultant pool should follow the same <br />process undertaken to vet Public Works consultants. <br />Development Manager Lazan indicated the Management Team can bring forward names of <br />lawyers with real estate expertise if the HRA would like to consider other or additional legal <br />counsel. <br />Motion by Chairperson McGlone, seconded by Commissioner Elvig, to approve execution of the <br />engagement letter, authorize payment of the outstanding invoice, to continue to utilize the <br />services of Ms. Krow to complete the deal she has been working on, and direct staff to put <br />together a pool of legal counsel to present to the HRA. <br />Housing and Redevelopment Authority / April 24, 2012 <br />Page 3 of 4 <br />