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ARDEN HILLS CITY COUNCIL – SEPTEMBER 28, 2015 6 <br /> <br />City Attorney Jamnik was uncertain if Frattallone, LLC has closed or not as the City is not party <br />to that information. <br /> <br />Mayor Grant understood Councilmember Holmes’ concerns, but did not believe the wording <br />concerns should delay the agreements. <br /> <br />Councilmember Holmes did not believe the agreements were necessary and should therefore not <br />be approved. <br /> <br />Mayor Grant commented that Hemisphere Restaurant Partners believed that the agreement is <br />necessary and will not proceed without it. Therefore, the project will not move forward without <br />the agreement in place. <br /> <br />Associate Planner Bachler indicated that staff is still drafting the Development Agreement with <br />Hemisphere for the Tavern Grill project. The parking and financial surety requirements will be <br />addressed within this Agreement. <br /> <br />MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to <br />Approve the Assignment of a Development Agreement between Arden Plaza, <br />LLC and Frattallone, LLC. <br /> <br />Councilmember Holden had trouble understanding why an agreement was necessary between <br />Arden Plaza, LLC and Frattallone, LLC when the site was further along in the process. She <br />understood why an agreement was necessary for Hemisphere Restaurant Partners. <br /> <br />City Attorney Jamnik advised that the Seller had requested the assignment. <br /> <br />Associate Planner Bachler provided further comment on the subdivision of Arden Plaza <br />approved by the City in Planning Case 15-002 and how this resulted in two new parcels that <br />Wellington Management is in the process of selling. <br /> <br />Councilmember Holden requested further information on Exhibit A of the Frattallone’s <br />agreement. She feared that the requirements within this Exhibit were not properly spelled out <br />within the PUD and she did not want the City getting into the middle of this situation. <br /> <br />City Attorney Jamnik commented that the Council was not being asked to approve the terms of <br />the assignment. Rather, the Council was being asked to consent and release it. <br /> <br />Councilmember Holmes believed that the apportionment should be different. <br /> <br />Mayor Grant questioned if changes could be made to the document with regard to the proposed <br />apportionment in the future. <br /> <br />City Attorney Jamnik reported that this was the case. <br /> <br />Councilmember Holden asked if the City Attorney supported Council approval of the <br />assignment agreements.