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performed by the association toward the benefit of the members. He noted the existing Master Declaration was established by Ramsey Town Center LLC, and has essentially been dormant for the last several years. To assure clear title for not only the HRA properties, but also for the other property owners in the development, it is essential that this matter be addressed by the effected property owners and some resolution be reached that allows the project to develop without this encumbrance. He stated that Tom Bray of Briggs & Morgan has been invited to offer a view of where we are. Tom Bray, Briggs & Morgan, stated that the existing Master Declaration was drafted in 2005 by the RTC, LLC, but it does not cover all of the properties in the Ramsey Town Center. It was kind of a patchwork. He was not certain why some parcels were excluded. Three parcels Jim Deal owns which he alleges he owned before the Declaration was signed. If he did own the properties, before, they would not be subject to the Declaration. He added he has no reason to doubt it. There was the concept in the original Declaration that other properties could be added. To add properties at this time would require a vote of 77 percent of the members. He talked about how the vote would be and that the original Board of Directors was appointed by the original RTC, LLC. The Association had limited powers. This Declaration really did not become an issue until the Allina development started. He talked about the Board of Directors and the By -Laws. The Association is not RTC, LLC — the Association was a separate MN nonprofit organization — it was inactive. In any event, the entity exists, the Declaration exists, but the Association does not have any authority — it is not useful. He said the question is what we want to do with this. The next thing is to look at some things the HRA wants to accomplish in The COR and look at the best vehicle to do so — keeping in mind there are no perfect answers for some of the questions. There is the concept of a Special Services District or we could try to do this with a private declaration. He explained some disadvantages to a private declaration. A Special Services District is a better vehicle for providing control. The City determines the level of service and fees. Mr. Bray stated there are a couple of problems — you have to create a percent of property owners and the veto power by a percent could be a problem. Maybe the HRA does not control residential property to prevent a veto. Residential could be a component and he talked about ways to include residential. Tax classification has to be commercial or industrial and he didn't feel there was any way to get this with a residential component. He added the City could determine how to allocate costs any way it wants. You base your charges on net tax capacity, if you use another method, you cannot use tax capacity to enforce it. HRA owns undeveloped land and that's low tax capacity. He stated that next, we will go through the proposed scope of controls and services. Development Manager Lazan stated that regardless of the method selected, there is a scope of services that can be characterized as above and beyond that, which is normally provided by a city, but not necessarily able to be performed by private property owners within The COR. With regard to access, we have a lot more right-of-way than a normal shopping center. We cannot do signage within the right-of-way as the ordinance sits today; we may be able to amend that. He suggested talking about if the access easements can be a benefit and what's the best avenue to regulate these access drives. Housing and Redevelopment Authority / August 31, 2010 Page 2 of 10