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Mounds View Planning Commission October 5, 2005 Regular Meeting Page 6 _____________________________________________________________________________ all aspects of this project. He stated he has several unresolved questions pertaining to the purchase agreement. Commissioner Zwirn referenced the purchase agreement, page 16, subd. 2, stating phase 1 will be developed with TIF money, and phases 2 and 3 will not be started until there are TIF districts set up and money has been allocated. He added on page 8, subd. F, it states using TIF is essential under the agreement, which again states no phase 2 or 3 unless the City and governing authorities provide TIF. Director Ericson replied there is nothing to prevent Medtronic from starting phase 2 or 3 with or without TIF dollars and they have the ability to approach Council with this request. Commissioner Zwirn referenced the purchase agreement, page 17, subd. 3, stating if the developer desires they can make changes in construction plans, submit them for City approval, and they shall be deemed approved unless rejected. He added the onus is on the City to respond within 15 days; otherwise they are construed to be approved. Commissioner Zwirn referenced the purchase agreement stating there are missing definitions in Sections E and H. He added on page 19, first paragraph, reimbursement of funds if the developer fails to meet obligations for phases 2 and 3 are not specifically outlined. He noted on page 20, TIF funds would be used for the acquisition of property in Blaine, and stated he thought this was not supposed to be available. Director Ericson replied according to the agreement, expenses incurred in Mounds View would be reimbursed first, before any reimbursements would be provided for expenses in Blaine. Commissioner Zwirn referenced the purchase agreement, page 21, paragraph F, stating the developer understands they will repay the City for qualified costs and any others should stand alone. He asked about the 25-year TIF plan. Director Ericson replied if the developer requests additional financial services a new development agreement is necessary. He added he cannot address the 25-year TIF plan. Commissioner Zwirn referenced the purchase agreement, page 23, section C, stating the goals for the City are to maintain minimum improvements for at least five years. Director Ericson replied this may be a legal requirement and is not part of the issue the Commission is addressing tonight. Commissioner Zwirn referenced the purchase agreement, page 29, paragraph A, stating prior to the certificate of completion the developer needs to perform obligations to minimum improvements under the agreement. He asked if this says once phases 1, 2, and 3 are completed, if the developer chooses they have the right to sublease the development of property as long as they maintain ownership. Director Ericson replied he is unsure without taking a moment to review the agreement. Commissioner Stevenson stated the purchase agreement issues are not relevant to the issue before the Commission tonight. MOTION/SECOND: Miller/Hegland. To approve Resolution 815-05, a Resolution Recommending Approval of a Preliminary Plat Review, Rezoning and Development Stage Plan