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09-09-1985 JointCITY OF RICHFIELD, MINNESOTA JOINT CITY COUNCIL/H.R.A. MEETING SEPTEMBER 9, 1985 COUNCIL MEMBERS PRESENT: John Hamilton,. Mayor; Howard Bunce; Ivan Ludeman; Donald Priebe; and, Michael Sandahl; H.R.A. MEMBERS PRESENT: Thomas Harms; Ivan Ludeman; Don Hassenstab;.and, Vern Luettinger. STAFF PRESENT: John Cartwright, City Manager; Steven Devich, Administrative Services Director; Donald Fondrick, Community Services Director; Dennis Kraft, Community Development Director; Thomas Ferber, City Clerk; and, Clayton LeFevere, City Attorney. The Meeting was called to order by Mayor Hamilton at 7:03 p.m. PLEDGE OF ALLEGIANCE Item #1 COUNCIL AND H A ON IDER TION A EQUES TO A END THE DEVELOPER'S AGREEMENT AND RELATED DOCUMENTS WITH MARKET PLAZA. C.L. 326, HRA LETTER 46. City Manager Cartwright reviewed Council Letter No. 326, HRA Letter No. 46, regarding a request to amend the Developer's Agreement and related documents with Market Plaza Corporation. City Attorney LeFevere reviewed the five documents presented by Market Plaza Corporation for consideration by the HRA and City Council. HRA Chairman Harms stated his concern regarding the wording of paragraph No. 5 of the "Third Amendment to Contract Dated May 14, 1984" document. Mr. Harms felt the change in guarantors for the project lessened the guarantees to the City and HRA. Dick Krier, Derrick Land Co., explained that two separate entities had been created to develop the shopping center and the housing elements of project. He identified a Mr. Hussman of North Shore National Bank as the new 50~ investor in the shopping center element. Mr. Krier explained the new partnership relationships. Mike Gould, Bor-Son Construction Development Consultant, urged passage of the agreements with the stipulation that paragraph No. 5 be modified to the satisfaction of the City Attorney. Joint Council/H.R.A..Meeting -2- September 9, 1985 Mayor Hamilton temporarily recessed the meeting at 7:58 p.m. The meeting resumed at 8:03 p.m. City Attorney LeFevere recommended that the City Council and the H.R.A. approve all five agreements except paragraph No. 5 of the "Third Amendment" document. The City Attorney recommended that this paragraph be deleted and reconsidered at the September 23, 1985, council meeting after further review and/or modification. M/Hassenstab, S/Luettinger to a rove the amendments to the develo er's a reement as outlined in H.R. Letter No. 4 , except that paragraph o. 5 o t e_"T it Amendment' agreement be deleted. The City Council passed the same motion. Motion carried 4=0. HRA Chairman Harms said that he wanted his vote o be shown as abstaining on approval of the subordination agreement. ADJ UR NT M/Hassenstab, S/ Luettinger that the concurrent HRA/City Council Meeting adiourn. Motion carried 4-0. The City Council passed the same motion. The City Council/HRA Joint Meeting was adjourned at :05 p.m. Date Approved: .11/18/85 ~~2~i? ~ ~~~~ homas Harms Chairman . G,~2~~ T omas P. erber J hn G. ar ight City Clerk xecutive Director