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June 28, 2011 <br />9. Consideration of a resolution appointing a Hearing Officer and calling a <br />Hearing to consider the revocation of a special use permit for the Clearwire <br />Communications, LLC tower at Freedom Park Report No. 11-182. <br />Resolution No. 11-068. <br />Motion by CouncOmember Phillips, seconded by Coundhoember Bauman to approve the Consent <br />Agenda as presented <br />5 Ayes, 0 Nays - Motion Carried <br />Public Hearing? <br />None <br />Council Business <br />1. Consider Agreements with Ryan Companies and NAI/Welsh for Marketing and <br />Development of Commercial Land in New Brighton Exchange. <br />Report No. 11-183. Resolution No. 11-069. <br />Director of Community Development, Grant Fernelius reported that last summer the City began <br />'working with Arne Cook (Montgomery Realty Advisors) on a search to hire a <br />broker/developer to market the commercial sites in the New Brighton Exchange. <br />Staff believes the City will have a stronger presence in the commercial real estate market because <br />of this tag team approach. <br />The search process was narrowed this past spring with the selection of Ryan and Opus for <br />development services and Northmarq and Welsh for brokerage services. The EDC interviewed <br />all four firms in March and recommended that the City hire Ryan Companies and Welsh <br />Companies. The Council reviewed the EDC's recommendation in May and directed staff <br />to start working with each company on separate legal agreements. <br />Director Fernelius explained that the Listing Agreement with Welsh Companies covers <br />general marketing activities such as signage and brochures. Any specialized marketing <br />would be handled by Welsh, but the costs would be shared by the City. Welsh will be <br />required to provide monthly updates to the City on the status of its marketing efforts and <br />contacts with prospective users. <br />In terms of compensation, Welsh would be paid either a direct commission (range: 2% to 6%) <br />for sales that it facilitates; or a co -broker commission (range: 4% to 8%) if the sale is <br />shared with another broker. <br />The agreement will have a term of 2 years and terminate on June 27, 2013, unless it is <br />mutually extended. The agreement may be terminated by either party with a 30 day <br />written notice. Welsh will be required to "register" or provide notice to the City of all interested <br />parties. In the event the City cancels the agreement (or it expires), Welsh would be entitled a <br />brokerage fee for a registered user that closes on the land up to 6 months after the termination/ <br />expiration of the agreement. <br />Director Fernelius reported that the Redevelopment Services Agreement with Ryan <br />Companies is slightly different than the Welsh agreement. In some ways it is similar to a <br />Page 3 of 6 <br />2011 Street <br />Rehabilitation. Ref <br />No. I1-180. <br />8. Consideration <br />Approval of the Ph <br />and Specifications <br />Authorization to <br />Advertise for Bids <br />City Project 11-3, <br />2011 Pavement <br />Management Progr <br />and City Project l l <br />New Brighton <br />Community Center <br />Parking Lot. Repo <br />No. I1-181. <br />9. Consideration o <br />resolution appointii <br />Hearing Officer an - <br />calling a Hearing t <br />consider the revoca <br />of a special use per <br />for the Clearwire <br />Communications, <br />LLC lower at <br />Freedom Park Rep, <br />No. 11-182. <br />Resolution No. 11- <br />068. <br />Public Hearine <br />None <br />Council Business <br />1. Consider <br />Agreements with R} <br />Companies and <br />NAI/Welsh for <br />Marketing and <br />Development of <br />Commercial Land it <br />New Brighton <br />Exchange. <br />ReportNo. 11-183. <br />Resolution No. I 1-0 <br />