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June 28,2011 Page 3 of 6 City Project 11-8, New Brighton Community Center Parking Lot. Report No. 11-181. 2011 Street Rehabilitation. Rei No. 11-180. 9. Consideration of a resolution appointing a Hearing Officer and calling a 8. Consideration e Hearing to consider the revocation of a special use permit for the Clearwire Approval of and and Specifications Communications, LLC tower at Freedom Park Report No. 11-182. Authorization to Resolution No. 11-068. Advertise for Bids City Project 11-3, 2011 Pavement Motion by Councihnember Phillips,seconded by Councihnember Bauman to approve the Consent Management Progr Agenda as presented. and City Project l 1 New Brighton Community Center Parking Lot. Repo 5 Ayes,0 Nays-Motion Carried No. 11-181. 9. Consideration o resolution appointii Hearing Officer ani Public Hearing calling a Hearing t consider the revoca None of a special use per for the Clearwire Communications, LLC tower at Council Business Freedom Park Reps 1. Consider Agreements with Ryan Companies and NAI/Welsh for Marketing and No. 11-182. Development of Commercial Land in New Brighton Exchange. Resolution No. 11- 068. Report No. 11-183. Resolution No. 11-069. Public Hearing None Director of Community Development, Grant Fernelius reported that last summer the City began Council Business working with Arne Cook (Montgomery Realty Advisors) on a search to hire a 1. Consider broker/developer to market the commercial sites in the New Brighton Exchange. Agreements with Ry Staff believes the Citywill have a strongerpresence in the commercial real estate market because Companies and g NAI/Welsh for of this tag team approach. Marketing and The search process was narrowed this past spring with the selection of Ryan and Opus for Development of Commercial Land ir development services and Northmarq and Welsh for brokerage services. The EDC interviewed New Brighton all four firms in March and recommended that the City hire Ryan Companies and Welsh Exchange. Companies. The Council reviewed the EDC's recommendation in May and directed staff Report No. 11-183. to start working with each company on separate legal agreements. Resolution No. 11-0 Director Fernelius explained that the Listing Agreement with Welsh Companies covers general marketing activities such as signage and brochures. Any specialized marketing would be handled by Welsh,but the costs would be shared by the City. Welsh will be required to provide monthly updates to the City on the status of its marketing efforts and contacts with prospective users. In terms of compensation, Welsh would be paid either a direct commission(range: 2%to 6%) for sales that it facilitates; or a co-broker commission (range: 4%to 8%) if the sale is shared with another broker. The agreement will have a term of 2 years and terminate on June 27, 2013,unless it is mutually extended. The agreement may be terminated by either party with a 30 day written notice. Welsh will be required to "register" or provide notice to the City of all interested parties. In the event the City cancels the agreement(or it expires), Welsh would be entitled a brokerage fee for a registered user that closes on the land up to 6 months after the termination/ expiration of the agreement.