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ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – JANUARY 3, 2023 9 Councilmember Monson suggested the Council hold a work session with Stacie Kvilvang. Mayor Grant reported if this were done, all of the City’s financial models would become public record, which may make it more difficult for the City to negotiated with the County going forward. Councilmember Monson questioned if the Council could hold a closed meeting to review the financials with Stacie Kvilvang. Mayor Grant stated unfortunately this was not an option. He explained closed meetings were reserved only for personnel matters, litigation matters and to negotiate the purchase of property. He recommended the new Councilmembers meet with Ms. Kvilvang separately versus holding a public meeting. Councilmember Fabel commented on the previous structure that has been followed by the City Council for the JDA, which was made up of two Councilmembers and one member of the public. He stated the ultimate goal was for the JDA to come to an agreement with the County and this agreement would have to be approved by the entire City Council. Mayor Grant discussed how the process evolved over time for the JDA. He reported in the beginning the City zoned the property and the County negotiated the price. Councilmember Monson requested further information regarding the MDA. City Attorney Jamnik explained the master development agreement would be executed between the developer and the County and be primarily a land transfer. He stated the City and the County would have a separate standalone cooperative agreement on the infrastructure financing. He reported this path was chosen because the transaction was effected by the traunch phase acquisition program for the real estate transaction. He noted separate from this was the spine road, utility and water tower financing, which led to the decision to split these items out. He reported the financing of the infrastructure was in flux, along with who would complete the work. Councilmember Fabel spoke to the Rice Creek Commons Master Agreement Summary and the Master Development Agreement from November 2018 and asked what the status was of these documents. City Administrator Perrault reported the PowerPoint in the Council orientation was from the JDA meeting from September 4, 2018. He indicated this was the framework approved by the JDA on a 3-2 vote and these were the most recent documents approved by the JDA. The master development agreement from Alatus was considered execution ready by the developer, but it was not approved by the County or the City. He explained litigation began shortly thereafter. Councilmember Fabel asked who drafted this agreement. City Attorney Jamnik explained the base document was drafted by Jenny Boulton from Kennedy & Graven but noted the red lines were from Jay Lindgren, Alatus’ attorney. He stated in November of 2018, the County stated their circumstances had changed and they were not willing to move forward and litigation commenced in March of 2019.