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July 22, 2008 Page 5 of 7 3. Approve An Ordinance Relating to the Utilization of Eminent Domain in the City of New Brighton. Report No. 08-210. Ordinance No. 762. City Manager Dean Lotter reported this item came up at a recent policy discussion meeting. It was explained that this ordinance would limit the use of eminent domain in the City of New Brighton beyond the State's requiremerrt. City Attorney Charlie LeFevere shared his concern with the section stating a prohibition for the use of eminent domain for economic development purposes, because the term economic development is unclear. The City Attorney and council amended the ordinance presented, and directed staff to publish the amended ordinance. Councilmember Phillips expressed gratitude to Comcilmember Doffing for all her work related to this ordinance. Councilmember Burg stated her appreciation for the clarity of the ordinance. Motion by Councilmember Doffin& seconded by Councilmember Burg to adopt the revised ordinance as discussed. 5 Ayes — 0 Nays, Motion Carried 4. Authorization to Advertise for Bids for Project 07-5, Northwest Quadrant Dump Closure Plan. Report No. 08-202. (*Moved from Consent Agenda) Councilmember Phillips requested the item be moved in order to discuss any conditions attached to the two grants recently received. Assistant Director of Community Development, David Black reported there are `uses of fiends" attached to each of the deeds. Councilmeanber Phillips stated his concean is related to the ramifications if the City does not comply with the conditions required. Mr. Black reported that in each of the grants there is an ameaidment process, it was reported that amendments are quite common. Councilmember Phillips asked if the City determined higher end condominiums would be desirable, could they be built without including affordable housing. Mr. Black repotted that recantly the City received a grant for tract 2, and Rottlund homes was able to provide a certain number of affordable owner occupied units. Mr. Lotter requested Mr. Black discuss the thresholds of rental costs. The following information was shared: $707 -efficiency, $758-1 Bedroom, $910-2 Bedroom, $1,051-3 Bedroom, $1,172-4 Bedroom. Councilmeanber Phillips requested council be provided with the housing regiurernents as related to the grant. Mr. Black reported staff will provide answers at a forthcoming work session. Councilmember Burg questioned if we forego this grant would that interfere with the passibility of obtaining future grants. Comcilmeanber Bauman questioned the reason the City would apply for a grant with an affordable housing component attached to it. She reported New Brighton has 31 % affordable housing, and feels that is "a lot". For the greater good of New Brighton, it is her feeling that anything requiring affordable housing should be avoided because of the possibility of what it can bring to the community. Mayor Larson asked what the impact would be on the hotel project on waiting for a month or two. Director of Public Works, Grant Wyffels provided the following desired timeline; advertise for bids beginning of August 2008, opening of bids, August 2e, award bids at September 8ffi council meeting, allow 20 days to secure signed contracts with September 29, 2008 being the starting date. Any delay in this process would result in the loss of the 2008 construction season, and a total delay of about 10 weeks in the spring of 2009. 3. Approve An Ordinance Relating to the Utilization of Eminent Domain in the Qty of New Brighton. Report No. 08-210. Ordinance No. 762 4. Authorization to Advertise for Bids for Project 07-5, Northwest Quadrant Dump Closure Plan. Report No. 08-202. (*'Moved from Consent Agenda)