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Mounds View City Council August 8, 2005 <br />Regular Meeting Page 5 <br /> <br />Mr. Perrozzi stated that he did ask both Director Ericson and Economic Development 1 <br />Coordinator Backman what direction they wanted to see for this site and he was told retail. He 2 <br />stated that this was the direction he took in remodeling the building but found it is hard for him 3 <br />to do when he has to enter the building on the east side and step down five steps to enter the 4 <br />building. He stated that they kept telling him the grading was fine adding that he caught the 5 <br />problem the day they were digging the footings. 6 <br /> 7 <br />Council Member Thomas cautioned the Council and City Staff stating that they have to be 8 <br />careful with the level of their involvement, as to the extent of what the City could do to support 9 <br />the process, when they are not a party to the negotiations. She agreed that there are issues that 10 <br />the Council could help with but there are also issues that the Council can’t resolve. She agreed 11 <br />that Council should review and discuss this issue at their first work session in September and 12 <br />then determine what kind of assistance, if any, the Council could provide. 13 <br /> 14 <br />Mr. Perrozzi asked who would be responsible for plan review and blueprint acceptance. He 15 <br />asked if it would be the City, Velmeir or Loucks. 16 <br /> 17 <br />Mayor Marty stated that Council would review this issue at the next Council work session in 18 <br />September. 19 <br /> 20 <br />Duane McCarty, 8060 Long Lake Road, stated that he has some concerns regarding the draft 21 <br />Medtronic contract he requested and received three weeks ago. He stated that the way he sees it, 22 <br />after reviewing the contract, the way the proposal was presented there was a lot of attention made 23 <br />to the $14.8 million that Medtronic would pay upfront to help enhance the feasibility of the 24 <br />project, but after reading the purchasing agreement he realized that Medtronic would receive 25 <br />repayment of that $14.8 million from the tax increments, which means that Medtronic would get 26 <br />their investment back via a note from the City at 5-percent interest. He stated that he would like 27 <br />to be able to get 37-percent of his property taxes back at 5-percent interest noting that he thought 28 <br />that Medtronic stood a bit higher than that in terms of their commitments. 29 <br /> 30 <br />Mr. McCarty stated that there is also an indemnity clause included in the contract that would 31 <br />require the City to indemnify all persons against what the contract identifies as environmentally 32 <br />unsafe situations at the golf course property. He stated that although there is some claim that 33 <br />there would be a $200,000.00 limit on the City, he is not sure how this would work. He asked 34 <br />who would pick up the balance if an injured party were to sue and be granted, in court, an award 35 <br />in excess of $200,000.00. He expressed concerns stating that this issue has not been clearly 36 <br />outlined in the contract. He expressed his doubts that the City and Medtronic would be able to 37 <br />contractually agree that the most they would ever pay out on a claim of harm, under these 38 <br />conditions, would be capped at $200,000.00. 39 <br /> 40 <br />Mr. McCarty stated that much of the proposal and presentation revolved around three phases for 41 <br />the Medtronic project. He stated that the purchase contract that is before Council that would run 42 <br />for 25-years, very clearly only touches on or controls Phase 1. He stated that Phase 2 and Phase 3 43 <br />were purposely left out so there is no guaranty or warranty that the City would see anything more 44 <br />than Phase 1. He indicated that the contract recognizes this adding that Medtronic has no 45