10-01-18 JDA Agenda Packet - Laserfiche WebLink

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Mr. Lux stated the reason the MOU has not been delivered to the City was because his attorney stated it was invalid due to the agreement between the developer and the County. He explained the original thought was Alatus would take down all of the property at one time and now the land would be taken down in increments over time. He commented this change made the MOU invalid. Commissioner Grant stated on September 4th the JDA was informed the Civic Site would be part of Phase I. He questioned what would stop the developer from executing the MOU if the Civic Site was included in Phase I. Mr. Lux explained Phase I includes three blocks in the down town area, but does not include the Civic block. Chair Wicklund encouraged the City Council to meet with the developer in order to resolve this issue. He anticipated a new MOU would have to be drafted to properly reflect the new terms of the land sale. Commissioner Grant asked if the County had been made aware of the change. Mr. Lux reported this was the case and stated he believed all three parties could come together in order to reach a new MOU. He stated he could not take action on land that he does not yet own. Commissioner Huffman reported the County has been negotiating in good faith. He stated the Civic Site was not in the current phasing but stated he did not see any reason that the MOU could be amended and resolved. Commissioner Grant recommended there be some meetings between Alatus and the City of Arden Hills. He questioned why the developer had not signed and submitted the document 18 months ago, before the phasing was even addressed. Mr. Lux commented the issue of phasing was being discussed quite early and for this reason the MOU was not executed. Development Director’s Report Director Perrault had nothing additional to report. Administrative Director’s Report Director Olson had nothing additional to report. Commissioner Updates Commissioner McClung apologized for being late to the meeting.