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City Council Regular Meeting Minutes 08 September 14, 2004 Page 8 1 Mayor.Pro-tem Thuesen requested that communication be open with regard to the tenants. Mr. 2 Mornson assured him that he will update Council. 3 4 Councilmember Faust clarified for the public the difference between a PUD and a TIF, adding the 5 properties such as Wendy's and Equinox are not included in the TIF. 6 7 Mayor Pro-tem Thuesen noted that this has been a complex project and thanked Councilmember 8 Faust for his further clarification to the public. He concluded in stating that the Council and Staff 9 will do their best to communicate openly with the community as the project progresses. 10 11 C. Update on Restaurant for St. Anthony Market Redevelopment - Jim Winkels, 12 Amcon presenting_ 13 City Manager Morrison reviewed,per the development agreement with Amcon under Section 2.3, 14 Restaurant Unit,the most up-to-date information. 15 Mr. Momson stated Amcon shall use its best efforts to lease the restaurant to a third party for use 16 as a restaurant with a liquor license and charitable gambling by September 1, 2004. He noted, 17 however,if this does not happen, then Amcon needs to provide the City on or before this.date a 18 written summary of its efforts to obtain such a lease and thereafter keep the City reasonably 19 informed until September 2, 2005. 20 Mr. Morrison continued in reporting that if no restaurant is in place by September 1, 2005,the 21 City can exercise its option to purchase the restaurant and related condominium for$100, 22 exercisable at any time on or after September 1, 2005, if such restaurant lease has not then yet 23 commenced or such tenant has not then opened for business pursuant to such restaurant lease in 24 compliance with the development agreement. 25 Jim Winkels of Amcon addressed the Council with regard to the status of their negations with 26 other restaurants. He indicated that they are speaking with two interested parties, adding that he 27 had been contacted by a possible third party as well. He stated that he is confident that the 28 timeline will be met. He noted that the potential restaurants that he is negotiating with at this time 29 are well known names,however, indicted that he is choosing to be cautious in throwing out names 30 due to being"burned"before. He concluded in stating that he has personal interest at stake due to 31 the fact that the value for him is derived out of finishing the last piece of this project. 32 Discussion: 33 Councilmember Horst expressed his disappointment with the lack of communication with regard 34 to what was taking place with Spectators. He suggested that they may have know early on in the 35 negotiation process that it was not going to go through,however, they did not communicate that 36 to.Council and City Staff. Mr. Winkels responded in noting that it is"dangerous"to negotiate 37 leases in public, adding that he had forwarded an e-mail to late Mayor Hodson five weeks ago . 38 with regard to moving forward with Spectators. He stated that it was an on again, off again 39 situation. 40 41 Mr. Winkels assured Council once again that he has `great"motivation and incentive to develop 42 the land.