092214 EDA
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
EDA Minutes September 22, 2014
Regular Meeting City Hall
CALL TO ORDER President Hemken called the meeting of the Economic Development
Authority to order at 8:20 p.m.
ROLL CALL Present: Kathi Hemken, President
John Elder, Commissioner
Andy Hoffe, Commissioner
Eric Lammle, Commissioner
Daniel Stauner, Commissioner
Staff Present: Kirk McDonald, City Manager
Aaron Chirpich, Community Development Specialist
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Steve Sondrall, City Attorney
Stacy Woods, Assistant City Attorney
Also Present: Stacie Kvilvang, Ehlers
APPROVE MINUTES Motion was made by Commissioner Hoffe, seconded by Commissioner Elder,
to approve the regular meeting minutes of September 8, 2014. All present
voted in favor. Motion carried.
PUBLIC HEARING President Hemken introduced for discussion EDA Item 4, Continuation of
IMP. PROJECT 893
Public Hearing - Resolution authorizing the execution of a purchase and
Item 4
development agreement with Hy-Vee, Inc. (project no. 893).
Ms. Stacie Kvilvang, Ehlers Inc., explained the public hearing was opened on
September 8 and was continued to the September 22 meeting as the ECR
(Easements with Covenants and Restrictions Affecting Land) was not in final
form. She reviewed the terms of the ECR (Exhibit H): Excluded Uses,
Competing Business – Lot 3, TIF District, Buildings, Lot 3 Parking Ratio,
Easements, Maintenance, and Duration of the ECR.
Ms. Kvilvang stated the ECR is in effect in perpetuity. She explained if Lot 1
ceases to be used for a grocery store, pharmacy or retail wholesale club for a
period of more than 12 months, the ECR terminates.
Ms. Kvilvang also stated a redline version of the changes made to Sections 3.6
and 4.4 (c) of the Purchase and Development Agreement requested by the
Council was provided. She stated no other changes were made to the
agreement.
Commissioner Stauner indicated the Easements with Covenants and
EDA Meeting
Page 1September 22, 2014
Restrictions Affecting Land (ECR) refers to Hy-Vee as either developer or Hy-
Vee. He stated he believes this language makes it appear as a three party
agreement when it is not. He recommended the ambiguity be clarified.
President Hemken opened the floor to members in the audience. There was
no one present desirous of addressing the EDA for the public hearing.
The EDA thanked Ms. Kvilvang for her diligence throughout the negotiation
process.
CLOSE HEARING Motion was made by Commissioner Lammle, seconded by Commissioner
Item 4 Hoffe, to close the public hearing. All present voted in favor. Motion carried.
RESOLUTION 2014-17 Commissioner Elder introduced the following resolution (subject to Hy-Vee
Item 4
and developer language clarification in the ECR) and moved its adoption
“RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE
AND DEVELOPMENT AGREEMENT WITH HY-VEE, INC. (PROJECT
NO. 893).” The motion for the adoption of the foregoing resolution was
seconded by Commissioner Stauner, and upon vote being taken thereon, the
following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and
the following voted against the same: None; Abstained: None; Absent: None,
whereupon the resolution was declared duly passed and adopted, signed by
the president which was attested to by the executive director.
ADJOURNMENT Motion was made by Commissioner Lammle, seconded by Commissioner
Elder, to adjourn the meeting. All present voted in favor. Motion carried. The
New Hope EDA adjourned at 8:32 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
EDA Meeting
Page 2September 22, 2014