Minutes - Council - 03/25/2003 - Laserfiche WebLink

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Case//9: Authorize Execution of Memorandum of Understanding with Ramsey Town Center, LLC City Administrator Norman stated that the developer of the proposed Town Center is the Ramsey Town Center LLC, a Minnesota Limited Liability Company (RTC). The City has begun formal discussion with RTC since last year and now a great deal of staff time is being utilized for the Town Center project. Staff realizes that a development agreement may be months away from consideration, and the City desires a more formal relationship with the developer. The Town Center Task Force had recommended the negotiation and development of a Memorandum of Understanding with RTC. The Memorandum of Understanding with RTC is not a development agreement. It does, however, set the stage for negotiations with the developer, for.a development agreement. Perhaps the most important feature of the Memorandum is the agreement by the developer to create an escrow to post a cash escrow from which escrow expenditures attributed to the Town Center Project, or City staff time and resources can be reimbursed. Staff recommends authorization of the Memorandum of Understanding. City Attorney Goodrich noted that he has had some communication with the developer's attorney regarding item 2d on page 2 of the document. The developer's attorney has asked that the following language be added "The Developer will use all reasonable efforts to.", but the City will require the developer to receive all necessary permits. He noted that it was not a large issue, but if the Council authorizes him to do so he could address the issue. He explained that the document is designed to be a vehicle for discussion in an attempt to get to a final development agreement. He noted that the portion of the agreement that would be binding is the escrow to cover City expenses. Councilmember Elvig stated that this was brought forward because it is too early in the process to have a complete development agreement and he felt that it was an excellent tool to keep things moving forward and make sure they are on the same page with the developer. Councihnember Kurak stated that they have to remember that the Town Center project is different and they will be running across things where they may have to treat situations differently because of the size of the project but they need to make sure they are in balance. Motion by Councihnember Cook, seconded by Councilmember Elvig, to authorize execution of the Memorandum of Understanding with the Ramsey Town Center, LLC, contingent upon the review of the City Attorney. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Cook, Elvig, Pearson,' Strommen, and Zimmerman. Voting'No: None. Abstained: CouncilmemberKurak Case/ti O: Receive Bids and Award Contract for'Sunwood Drive Lift Station Construction Principal City Engineer Olson stated improvement Project #03-21 consists of installation of a sanitary sewer lift station facility to serve the newly created Sunfish Lake Business Park. The sanitary sewer pipes have already been installed as part of Improvement Project #99-52, Sunwood Drive Street and Utility Project. The City has a development agreement that is signed City Council/March 25, 2003 Page 12 of 16