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CITY COUNCIL WORKSESSION- APRIL 23, 2007 <br /> • Environmental Remediation/Clean-Uu/Security <br /> Most of the actual subsistent covenants of what has to be done on a remediation are not <br /> going to be on the MDA, but rather on other documents (the Memorandum of Agreement <br /> and RAA) that come out of the OTP. Included in the MDA would be areas considered to <br /> have a potential for continued liability for the City, i.e. insurance requirements. <br /> City reimbursable costs would be dealt with in the MDA as well. The developer most often <br /> would be willing to pay development costs up front with the expectation that the City or <br /> another party would ultimately reimburse those costs if the City contracts with another <br /> developer. Depending upon their final profit in the end, the developer may be able to carry <br /> a portion of the costs. The threshold of profitability expectation would be established up <br /> front and would depend on what the typical industry standard was for that type of <br /> development. Elhers would conduct the profitability analysis and outline what the typical <br /> result would be. Ms. Kvilvang stated that the reimbursable developer cost for Medtronic <br /> was $700,000.00 and for St. Anthony Village was 1.2 million dollars. <br /> Councilmember Holmes asked if the land would still be transferred in October, 2007. Ms. <br /> Wolfe stated that it was not likely with the delay of the PDA. The AUAR, which is <br /> typically a nine to ten month process, was not yet started. <br /> Councilmember Grant asked what would happen if the MDA was not completed by the <br /> • closing date. Mr. Bubul stated the City had the option to stop the closing,but he thought it <br /> was highly unlikely to have gone through all the required documents without being able to <br /> get a completed MDA. <br /> Ms. Kvilvang stated that on Monday, April 30`h, the Council would be walked through the <br /> process of coming up with deal points (what you want to see, land uses,public <br /> improvements, financing or other expectations). Deal points would be where the MDA <br /> negotiations start. <br /> Mr. Bubul stated that deal point meetings would not be closed meetings. Under law the <br /> basis to close meetings was to develop an offer or real estate price. Although a real estate <br /> transaction, since these were terms and conditions of the sale,this was a much broader <br /> project. He stated that the City would be vulnerable to a law suit if the City tried to close <br /> meetings on the MDA. <br /> Ms. Barton stated that Damon Faber was the landscape architect and they would take the <br /> lead on setting the design standards. They would bring suggestions on design ideas to the <br /> Council for approval. Once TCAAP design standards were accepted, the Council could <br /> then pick and choose what they wanted to incorporate from those same standards into the <br /> rest of Arden Hills. <br /> Councilmember Holden asked for clarification as to why the developer would set design <br /> • standards high when it would translate into greater costs that they would incur. Ms. Wolfe <br /> 3 <br />