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August 15, 2012 Page 3 of 6 2012 formally in a work session meeting to discuss the concept plan. The general consensus of Council was to keep working with the company. Pulte has since expressed an interest in doing further due diligence on the site, including soil testing and other work. Due to the fact this involves a fairly significant amount of resources; the company would like a commitment from the City that it will not negotiate with other parties while Pulte is conducting due diligence activities. A Contract for Exclusive Negotiations was drafted by George Hofl the City's redevelopment counsel and commits the parties to work together for the next 21/2 months. At that point, Pulte will make a decision if they want to proceed and start contract negotiations or tenninate their interest in the site. Staff recommended the Council approve a resolution authorizing the execution and delivery of a Contract for Exclusive Negotiations with Pulte Homes of Minnesota, LLC for a proposed residential development in New Brighton Exchange. Mayor Jacobsen expressed concern with the language on Page 2, under Section 2.01 of the document stating it currently reads the proposed development `promotes" the City's objectives. He requested the language be changed to read, the project may promote the objectives outlined in the City's modified program. He also questioned if the environmental and soil testing could be completed in the proposed 10 weeks time schedule. Ian Peterson, Pulte Homes, indicated a great deal of environmental work has already been completed on the site. He indicated a few exploratory tests may be completed to confirm the water level. He did not object to the proposed language change. Councilmember Jacobsen agreed this was an aggressive time schedule. Mr. Peterson stated Pulte was in the position and wanted to come to a conclusion on the property. He was in agreement with the 2'/z -month timeline. Mayor Jacobsen questioned what type of homes Pulte was proposing for this development. Mr. Peterson described the homes in detail noting the prices would range somewhere around $375,000. He indicated a market study has been completed and this was the range suggested. He noted the school district and surrounding amenities in the community would be a draw for potential homeowners. Councilmember Samuelson was looking forward to this development moving forward. Councilmember Burg stated the proposed home values were important to the City, as this would affect the City's tax base. She recommended Pulte consider adding a one-story townhome to the development as there was interest in the community for this type of home. The one-story townhome would allow retirees and empty nesters to stay in New Brighton. Councilmember Bauman suggested the "specific period of time" be clarified within the Resolution. City Manager Lotter indicated the dates could be added. Motion by Councilmember Jacobsen, seconded by Councilmember Samuelson to approve a Resolution authorizing the execution and delivery of a Contract for Exclusive Negotiations with Pulte Homes of Minnesota, LLC for a proposed residential development in New Brighton Exchange with amendments as noted above. 5 Ayes, 0 Nays -Motion Carried 2. Consideration of Resolution Accepting Bids and Awarding a Contract for Prc j ect 12-9, Phase I Freedom Park Flood Mitigation Improvements. Report No. 12-197. Resolution No. 12-063. City Manager Lotter reported that a significant rain event took place in July of 2011. After that time, the City was contacted by Tish Woods regarding the losses at her property. The Council has since authorized staff to study stormwater management throughout the City. Public Works Director Wyffels reviewed the Phase I Freedom Park flood mitigation improvements plan with the Council in detail. He indicated bids have been received for the project and if approved this evening would begin in September of this year. The proposed project completion date would be November 9, 2012. He then reviewed the bid results explaining the low bid was received from Midwest Asphalt Corporation in the amount of $282,524.20. This was a great rate considering the engineer's estimate was $320,300. He reviewed the location of the project at Freedom Park noting the project would expand the pond into areas 2. Consideration of Resolution Accepting Bids and Awarding a Contrw for Project 12-9, Phase I Freedom Park Flood Mitigation Improvements, Report No. 12-197. Resolution No. 12-063.