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<br />ARDEN HILLS CITY COUNCIL -FEBRUARY 12, 2007 <br /> <br />6 <br /> <br />Councilmember Grant stated ifhe were the developer he would want significant TIP. He asked <br />who would provide the rigors of the "but/for" test. Mr. Bubul responded it would be the City, <br />City staff, and the consultants. <br />Councilmember Grant noted under item J, on Page 6, he asked if the City wanted to send <br />something of a legal nature which they do not want to make public, he asked if they had to <br />provide a copy to CRR, which would then become a public document. He asked if there was an <br />issue with this. Mr. Bubul responded he did not see this as an issue. He indicated they needed a <br />free-flow of communication between the parties. <br /> <br />Mayor Harpstead suggested instead of an actual document, would they consider taking a <br />surmnary. He noted if this was under attorney/client privilege they would want it not included. <br />Mr. Bubul responded they would look at this. <br /> <br />Councilmember Holmes suggested they strike (I) on page 6 because it was vague. Mr. Bubul <br />agreed. <br /> <br />Councilmember Holden stated the prioritizing concerned her. She respect to 4a on page 5, how <br />would they make City staff available for consultation. Mr. Bubul responded this was a general <br />statement they were negotiating in good faith and as a practical matter this was not usually be a <br />problem. He noted they would be paying the additional costs, as well as any additional staff. <br /> <br />Councilmember Holmes recommended they add the language "reasonable". Mr. Bubul <br />responded they could add that wording. <br /> <br />Councilmember Holmes asked if they should add the OTP and the Memorandum of <br />Understanding under section 5 on Page 7. She asked on the two business days, they could add in <br />accrued reimbursable costs also. Mr. Bubul responded they could add those recommendations. <br /> <br />Council Holden asked under 5(b) if there were any City staff costs reimbursed from May 2005 <br />until now. She stated if the City was not being reimbursed, this is not in the best interest of the <br />City. Ms. Wolfe responded that this has not been discussed yet. <br /> <br />Ms. Barton noted on the spreadsheet of reimbursable costs, the City time would be added to <br />Exhibit C. <br /> <br />Councilmember Grant noted there were a number of bench handouts requested by Council and <br />in the past Council has had a freestanding policy that they would not be basing their decisions on <br />bench handouts. He stated that being the case, he believed they needed additional time to look at <br />all of the information. Mayor Harpstead suggested they finish the review of the document, <br />register questions, and requested this be brought back to Council in the future. <br /> <br />Councilmember Grant asked if the term "master developer" had any legal significance. Mr. <br />Bubul responded it did not and it just meant this was the developer they were dealing with on the <br />entire TCAAP site. He indicated however if Council was uncomfortable with this wording, it <br />could be changed. <br />