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<br />ARDEN HILLS CITY COUNCIL WORK SESSION - FEBRUARY 26, 2007 <br /> <br />6 <br /> <br /> <br />City Attorney Bubul replied because, in this scenario of rescission after the CDR is signed, CRR <br />wanted this to happen immediately as quickly as possible since closing on the property would be <br />imminent. <br /> <br />Councilmember McClung stated Council must think about the notice requirements for a public <br />meeting. He said flexibility must be maintained by the City. <br /> <br />City Attorney Filla asked City Attorney Comodeca what would happen if CRR decided, after the <br />CDR is signed, they wanted to terminate their participation. <br /> <br />City Attorney Comodeca replied CRR would be the one at risk. <br /> <br />City Attorney Filla indicated that if the Governor signs the CDR, the time given to the City to <br />return the earnest money or provide Notice of Rescission is shortened. <br /> <br />Councilmember Holmes asked if there is precedence that it could not be rescinded after it was <br />signed by the government. <br /> <br />City Attorney Comodeca replied he had not seen one. <br /> <br />City Administrator Wolfe indicated staff wanted to reserve the City's flexibility if CRR were to <br />back out. She said the meeting notice was a good point. <br /> <br />City Attorney Filla asked if the City needed to say anything about the decision or pursuant to <br />terms of the Offer to Purchase (OTP); is this an escape clause for CRR. <br /> <br />City Attorney Bubul replied CRR directs the action, but must also pay all costs. <br /> <br />A discussion on the changes ensued. City Attorney's Bubul and Filla will change the language to <br />satisfy the special meeting requirements. <br /> <br />City Administrator Wolfe clarified the budget at this stage is similar to adopting the regular <br />budget in that items would come back to the City Council for approval. She explained it is a <br />scope of the City's spending needs during the term of the preliminary agreement with CRR. She <br />stated staff would come back to Council with an agreement and dollar amount for approval. She <br />explained that agreements and consulting contracts would be brought back for approval. She <br />pointed out discussion would be needed on how the project would be managed and what <br />additional stafflllg might be needed. <br /> <br />Mayor Harpstead informed Council it is not approving expenditures by approving the budget. <br /> <br />Councilmember McClung stated the goal is to work diligently towards an MDA. <br /> <br />Mayor Harpstead stated that once the wording changes are made to the PDA it would come back <br />to the City Council for approval. <br />