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City Council <br />Meeting Minutes <br />April 15, 2008 <br />Page 8 of 10 <br />MOTION: Councilor Muckle moved to approve of Award of Listing Agreement for <br />Damyanovich Home Property to Steve Anderson of Remax Alliance of Louisville, <br />seconded by Councilor Yarnell. All in favor. Absent: Councilor Clabots. <br />DISCUSSION /DIRECTION -BUSINESS ASSISTANCE PROPOSAL - <br />PROJECTJONAH <br />Becky Hogan, EDge Consulting, 56 Steele Street, Denver, CO explained the City <br />Staff is seeking Council direction on a Business Assistance Proposal (BAP). The <br />request is for a BAP to encourage construction of a mixed use project resulting in <br />new office and retail space in downtown Louisville. The entire investment in the <br />project is $6.5 million dollars, from which 15,000 SF will be new retail. Staff <br />requested direction on what incentives, if any, the City Council would consider for <br />this prospect and whether Staff should move forward in negotiations. Staff <br />recommended a 40% rebate ~on incremental sales tax over a four year period to <br />be capped at $90,000. Four years or $90,000, whichever comes first. <br />PUBLIC COMMENT <br />John Leary, 1116 LaFarge Avenue, Louisville, CO voiced his concern over using <br />taxpayer's money for the BAF' confidential financial analysis, but not releasing <br />the information to the public. He was also concerned over the poor quality of the <br />financial analysis and the amount of the City Attorney's time it will take to make a <br />legal analysis. Mayor Sisk aslked City Attorney Light to address Mr. Leary's <br />concern. City Attorney Light :stated this is not an action item and it will come <br />back before Council with a specific proposal and itemized financial information. <br />With respect to confidential rriemos, the executive session laws do not permit <br />Council to discuss these proposals in executive session for the purpose of <br />instructing negotiators. He noted the executive session law is not co-equal with <br />the public records law. The open records law grants the right to treat certain <br />documents as confidential; including attorney/client privilege, work product <br />privilege and when persons who provide information request it remain <br />confidential. <br />City Manager Fleming explained the City Council has established a BAP program <br />under certain parameters. Staff reviews the proposals and the parameters of the <br />BAP and discusses what incentives, if any could be offered. Council direction is <br />requested on whether Staff should spend any more time on this particular <br />application. <br />COUNCIL COMMENT <br />Councilor Muckle voiced his preference for a Staff presentation on the BAP and <br />eliminating Council discussion and direction. He suggested the confidential <br />