2019-09-16 EDA Minutes (signed) - Laserfiche WebLink

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REDA Meeting Minutes—Monday,September 16,2019 Page 13 and EDA and certainly a policy decision. She suspected there could be city staff or EDA staff that could be hired to take this position on. Member Etten asked if the language EDA Attorney Ingram helped create would address those concerns. EDA Attorney Ingram explained it would, short of actually hiring someone. She believed this is the most proactive that the city can be. It is suggesting that although the EDA and city are not taking on the responsibility for active enforcement and ensuring themselves the developer is complying, staff is reviewing evidence that is submitted and making a determination based on that. Staff has the ability to declare an event of default under the contract and to terminate the contract and the tax increment should such an incident be present. Member Groff asked what the process would be for an issue, if it occurred, such as was the case with Eric. EDA Attorney Ingram indicated it sounded like Eric did exactly what he should have done and report that violation to the Department of Labor. Willmus moved, Etten seconded, adoption of REDA Resolution No. 52 entitled, "Resolution Approve Contract For Private Redevelopment With And Awarding The Sale Of, And Providing The Form, Terms, Covenants And Directions For The Issuance Of Its Tax Increment Revenue Note To Walton Holdings, LLC." EDA Discussion Member Willmus explained when the city enters into development contracts with the development community, it is something that the city is obligated to make sure it is dealing with organizations that are of the highest integrity. The city does attach its name in partnership with these developments. He thought early on as these projects come forward, there were some articles in the newspaper, etc. In knowing that and in having staff look into this and having staff come forward and work with the Carpenters Union to help facilitate and show some short comings that the city perhaps has in its development contract language where the city can improve and afford some greater protections than what would ordinarily be there, he thought is a positive. He did think that as a developer, as a contractor, in a general contracting role, there is an obligation to know and understand what the subs are doing and how the subs are treating people. That is something the developer owes themselves and owes the community in which it works. He thought this has been a good, eye opening conversation and it will help provide a path forward to make sure the city is doing what it can to afford greater protections for those that might not ordinarily have them.