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ARDEN HILLS CITY COUNCIL—SEPTEMBER 28, 2015 7 City Attorney Jamnik believed that the City was adequately secured to make sure the promised improvements would be made by both Frattallone's and Hemisphere Restaurant Partners. The motion carried 3-1 (Holmes opposed). C. Assignment of Development Agreement—Arden Plaza, LLC and Hemisphere Restaurant Partners Councilmember Holmes requested further information on this item from staff. She believed that this item was important enough and should not have been on the Consent Agenda. Associate Planner Bachler discussed the proposed development agreement between Arden Plaza, LLC and Hemisphere Restaurant Partners. He noted that Arden Plaza, LLC has requested approval of two separate agreements in order to clarify certain terms and obligations between the parties, while also transferring a portion of the property for the development of the Tavern Restaurant. He reported that if these terms or responsibilities were not being met by Hemisphere Restaurant Partners, the City could then follow up with this property owner and would not have to be in contact with Arden Plaza, LLC. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to Approve the Assignment of the Development Agreement between Arden Plaza,LLC and Hemisphere Restaurant Partners. Councilmember Holden asked if the City would be charged by the City Attorney to prepare the assignment agreement documents. City Attorney Jamnik commented that the Seller prepared the documents and his review of the documents would be charged back to the Seller. The motion carried 3-1 (Holmes opposed). 8. PUBLIC HEARINGS None. 9. NEW BUSINESS A. Set Preliminary Levy and Establish Truth-In-Taxation Public Hearing Date for Proposed Taxes Payable in 2016 City Administrator Klaers stated that the proposed maximum tax levy needs to be approved by the City Council and certified to Ramsey County by the end of September 2015. The final 2016 tax levy amount is set by the City Council in December 2015, following the Truth in Taxation public hearing. The proposed maximum tax levy established by the City Council in September can be lowered in December but it cannot be increased in December. Accordingly, it is very important for the City Council to discuss the financial needs of the City before it establishes the proposed maximum levy amount.