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Mounds View City Council August 22, 2005 <br />Regular Meeting Page 23 <br />• Mr. Inman stated this plan says when this obligation is exhausted there will be additional <br />increments that will have to be returned. There is nothing in the plan that requires Phases 2 and 3 <br />and there would have to be another process. <br />Councilmember Thomas stated the limit on Phase 1 is the cap, irregardless of future Councils <br />approving another TIF Districts anywhere else in the City. <br />Mr. McCarty stated it is in the contract that when Phases 2 and 3 are ready to go, business <br />subsidies will be revisited. The contract sunsets at completion of Phase 1 and, at the same time, <br />there is a proviso in the contract that references future business subsidies in Phases 2 and 3. He <br />stated he understands what Councilmember Thomas is saying, that the Council can say "no" to <br />that, but asked if they would say no since it is not the end to it but the beginning. <br />Stan Meyer, 2812 Sherwood, stated this is just the basic concept and not a legally binding <br />document. Councilmember Thomas stated that is correct. <br />Mr. Meyer stated anything on the plan can be changed and this is just a "pipe dream." He stated <br />that it has gone back and forth that Medtronic could keep the golf course for themselves. <br />Councilmember Thomas stated the golf course is written out of the contract. <br />. Mr. Meyer asked who disposes of the greens, noting they are valuable. City Attorney Riggs <br />stated the City has control of the assets and has a year to deal with the assets from the signing of <br />the contract. <br />Mr. Meyer stated he thinks the greens are very valuable. City Attorney Riggs stated if the value <br />is over $50,000 the City would have to accept bids. <br />Ms. Haake asked City Attorney Riggs if the contract is such that there is absolutely no chance for <br />a golf course. She noted the location of Phase 1 buildings and stated there is nothing to preclude <br />Medtronic from moving the location of the buildings and parking, and coming back to the City to <br />keep the golf course. She stated it is their property and there is no guarantee in the contract that <br />they will even do Phases 2 and 3. She asked City Attorney Riggs if Medtronic could keep the <br />golf course. <br />City Attorney Riggs stated the development property has been def ned as depicted and it is <br />defined as the development of Phase 1. Any changes for Phase 2 or 3 would have to come into <br />play and a definitional change made to allow that. Right now it does not say "and a golf course," <br />it says an 820,000 square foot development with office with accessory uses. <br />Ms. Haake stated this is just a concept plan and they could still relocate Phase 1 and legally keep <br />the golf course if they wanted. City Attorney Riggs answered no, that could not happen as the <br />• contract is currently written. He suggested that Medtronic be asked that question and noted a <br />restrictive covenant could be included if that's the concern. <br />