City Council Minutes 2014 10 21 - Laserfiche WebLink

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City Council Meeting Minutes October 21, 2014 Page 21 of 24 City Attorney Light explained the transaction is the City Council approved the purchase contract at the last meeting. The second step for authority is to designate the funding for the purchase by ordinance. If the ordinance is not approved the contract goes away. If Council desires to amend the purchase agreement, the ordinance would have to be amended. Staff would then go back to the seller to see if it is acceptable. City Manager Fleming explained Mr. Tebo requested all the specific provisions outlined in the contract. The City staff stated there was no way they could guarantee the conditions would be approved. Mr. Tebo insisted the provisions be included and staff made it clear they would present the conditions to the Planning Commission and the City Council, but it was up to the Planning Commission and the City Council to grant approval. If Council disagreed with the terms, the parties could terminate the contract. Mayor Muckle asked Council member Lipton if he wanted to amend the contract. Council member Lipton asked how other Council members felt about the contract. Mayor Pro Tem Dalton felt this was an acceptable method to move forward. Council member Loo was comfortable with the protections of the contract. Mayor Muckle stated the land use will be processed and evaluated on its merits. Council member Lipton agreed there are adequate protections. MOTION: Mayor Pro Tem Dalton moved to approve Ordinance No. 1674, Series 2014, seconded by Council member Keany. Roll call vote was taken. The motion passed by a vote of 5 -2. Council members Stolzmann and Moss voted no. RESOLUTION No. 65, SERIES 2014 — A RESOLUTION APPROVING A SECOND AMENDMENT TO THE COOPERATION AGREEMENT WITH THE LOUISVILLE REVITALIZATION COMMISSION FOR THE HIGHWAY 42 REVITALIZATION AREA GATEWAY PROJECT FUNDING Mayor Muckle requested a staff presentation. City Manager Fleming reviewed the Second Amendment to the South Street IGA with the Louisville Revitalization Commission. The original Agreement was approved November 5th, 2012. The First Amendment on March 18, 2014 was for construction and funding of the South Street Gateway, which provided the connection between downtown and the Urban Renewal area. Section 1 required a construction contract with BNSF by November 1, 2014. The Second Amendment removes the timeline date due to not having a construction agreement with the BNSF Railroad. The LRC would not need to make payments outlined in the IGA until construction of the Project begins. COUNCIL COMMENTS