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Chairperson McGlone felt it would be easier to sell developed lots in the spring, which may also result in selling for a higher amount. Motion carried. Voting Yes: Chairperson McGlone, Commissioners Wise, Backous, and Ramsey. Voting No: Commissioners Elvig, Strommen, and Tossey. 6. DEVELOPMENT TEAM REPORT Development Manager Lazan reported on the negotiated reinstatement of the McDonalds Restaurant purchase agreement, which will be presented next week at a Special Meeting. He provided updates on projects under construction and land sale negotiations. Commissioner Backous asked whether the issue with the Connexus utility box had been revolved. HRA Executive Director Ulrich stated he met with all parties involved and offered a proposal to split the $19,000 costs to relocate the utility box with the City, Connexus, and Landform each paying one -third of the cost. However, he has not been able to come to agreement with Landform in terms of their percentage. Development Manager Lazan stated it has been well documented that Landform did all humanly possible to prevent this from happening by raising the issue initially, alerting Connexus to not place the utility box on that corner under any circumstances, had placed a conference call for clarification on the location, provided Connexus with a CAD file to identify the location, and provided an exhibit that showed it was to be 81 feet from the curb line. Instead, Connexus took Landform's instruction and put the transformer in the middle of Sunwood Drive. Development Manager Lazan noted Landform had proposed to do the constructing surveying /staking but it was taken away and given to WSB. When Connexus had to move that transformer from the wrong location, they went to the job trailer and asked about a new location and WSB said okay. In addition, Connexus sent an e -mail to all but Landform of the location. When Landform arrived on site, they immediately said the utility box was in the wrong place. He noted the only comment to date about potentially having opportunity to stop this was that it was discussed in the job trailer when Landform employees were in the trailer at the same time. Development Manager Lazan pointed out it was built last year and he thought it was done so he did not instruct Landform inspectors to "keep their eyes open" for it. He believed Landform took more care to assure it was not constructed incorrectly and it still ended up in the wrong location. Development Manager Lazan stated his position that Connexus has the "lion's share" and WSB has another large share of responsibility because they ultimately directed Connexus to construct the utility box in that wrong location. HRA Executive Director Ulrich stated Development Manager Lazan has not had the opportunity to offer that explanation before the other parties. Commissioner Wise asked why the City should pay anything. Housing and Redevelopment Authority / November 13, 2012 Page 8 of 10