08-27-07-R - Laserfiche WebLink

Home Browse Search

ARDEN HILLS CITY COUNCIL - AUGUST 27,2007 5 MOTION: Counci1member Holden moved and Councilmember McClung seconded a motion to approve the Engineering Consultant Pool. The motion carried unanimously (5-0). B. Motion to Approve Sixth Amendment to the TCAAP Offer to Purchase Ms. Wolfe reviewed the sixth amendment to the TCAAP Offer to Purchase (OTP) dated August 28,2007. She stated at a meeting with the Army and General Services Administration (GSA) in Minneapolis on June 21, 2007, the City and Army/GSA agreed that it would not be possible to reach agreement on the credits by August 31, 2007. However, further information was needed before setting a future date by which to reach agreement on the credits. During a conference call on August 14, 2007, between the Army/GSA, the City, and RRLD, a new date of February 1, 2008 was agreed upon. It was also agreed that Attorney Mike Comodeca would prepare a sixth amendment to the OTP extending the date to reach agreement on the remediation credits to February 1, 2008. Council will need to take action prior to this Friday, August 31, 2007, to extend the deadline and preserve the OTP. Councilmember McClung asked if this is going to just keep going on, noting the City has been negotiating this for some time and another deadline has come and gone. He questioned what realistic chance there was to meet this upcoming deadline and indicated he is worried about the continued extensions. He is also concerned that once agreement is made, the federal government may require closing within 90 days. Ms. Wolfe stated that is valid input and the two previous amendments were extensions to agree on the bond. In that case, the deadline was met. There is some track record to extend some deadlines and then to meet them. It was agreed by the parties that the August 31, 2007 deadline would not be met. Ms. W oIfe stated that after discussion, the parties believe February 1, 2008 is a more realistic deadline. Mayor Harpstead asked if there was an update on the expected closing date. Ms. Wolfe stated the expected closing date is not a contractual obligation. The Army has stated they would like to work towards a July 2008 closing. MOTION: Mayor Harpstead moved and Counci1member Holden seconded a motion to approve the Sixth Amendment to the TCAAP Offer to Purchase as presented. Councilmember Holden stated a lot of time has been spent on this by City staff and the residents of Arden Hills are paying for this time. She questioned who from the City staff will be going to Washington D.C. Ms. Wolfe stated Attorney Mike Comodeca would be going and will be reimbursed for expenses by the developer as provided for in the Preliminary Development Agreement. Councilmember Holden stated it is premature to extend it only for this time period. She believes a couple more months may be added to the deadline and suggested the timeline be revised.