10-07-2002 Council Special Minutes

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MINUTES CITY COUNCIL OCTOBER 7, 2002 property. The City also has to take action relative to the illegal tenant that is on the property. Montour asked what the impact will be if Ultimate Golf leases the vacant space in their building prior to the commencement of eminent domain action. The Administrator replied that the City would likely be responsible for relocation expenses. The Administrator recommended that this evening the Council enter into the development agreement with Sherman Associates for The Lodge at Little Canada as outlined in his October 6'~' memo. Fahey expressed concern about the impact of the purchase agreement that Sherman negotiated with Ultimate Golf. Council discussed this impact, and the Administrator pointed out that Sherman wanted to obtain the back portion of the Ultimate Golf property to add density to the townhome project as well as ensure that the property was cleaned up. Scalze expressed concern about the illegal tenants on the Ultimate Golf property and the lack of code enforcement action. The Administrator noted that the property was cleaned up at one point. However, the turnover in the City's code enforcement position has contributed to the re-occurring problem. The City Attorney indicated that there is the possibility that Rutzick will propose a settlement offer to the City in the condemnation action. Part of the settlement may involve a gift letter to the City for a portion of Rutzick's perceived value of the property. The Council indicated their openness to any reasonable settlement offers. The City Administrator noted the need to complete the eminent domain process for the court to clear up the title issues with the property. Anderson pointed out that the proposal was to tie 95% of tax increments to a December construction start and 90% to a 2003 construction start. The Administrator replied that that was correct. He again noted that the City will take steps with the County to get the value of The Venetian property adjusted downward. Again, the Administrator pointed out that the development agreement for the senior project is a stand-along project, but the development agreement for the townhome project is tied to development of the commercial site on the northeast corner. The Administrator pointed out that Sherman Associates will not demolish The Venetian building until they are ready to begin construction so That mobilization only has to occur once. The goal is to have the other development agreement (townhomes and commercial) ready by early December. Mr. Fahey introduced the following resolution and moved its adoption: RESOI, UTION NO. 2002-10-227 -APPROVING THE PURCHASE AGREEMENT AND TIIE DEVELOPMENT AGREEMENT FOR THE LODGE AT I ITTL E CANADA AS RECOMMENDED 13Y THE CITY ADMINISTRATOR 4