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Housing and Redevelopment Minutes Page 3 <br /> January 3,2022 <br /> ----------------------------- <br /> Commissioner Wagner stated she supports the TIF project but has concerns with the high <br /> cost of soil remediation on this site. She stated they recently turned down a similar request <br /> located nearby for similar soil concerns. She asked if TIF were awarded,would the city be <br /> liable in the future if there were any structural problems with the buildings. She states she <br /> needs to have answers to the taxpayers if future problems occur. <br /> Mr. O'Neil stated there will be more detailed engineering plans that will need to be <br /> completed, followed, and inspected during the sequence of designing the site, and he <br /> anticipates the mitigation would need to be sufficient to support a building. He felt an <br /> answer about city liability would have to be answered by legal counsel. <br /> Commissioner Ovall stated the city could always be sued but the city would have to be <br /> shown to be negligent in this project and felt based upon what we know at this time,we <br /> couldn't ensure that we would be liable for any future roblems. <br /> Commissioner Chuba asked if a hold-harmless clause could be added. <br /> Ms. Huot stated while she couldn't answer if the city may be liable in the futu."', she did note <br /> the structure is pay as you go, and the applicant would be paid as the mitigation is made and <br /> clean up of the site is done per the standard of the expectation of receiving TIF funds. There <br /> are conditions in the agreement itself that would hold them responsible for following or they <br /> wouldn't receive the TIF funds. She felt working with the city attorney could take steps to <br /> ensure the city is held harmless if the corrections were made to make the site buildable to <br /> ensure future safety and,liability concerns. <br /> Chair Toth stated he presumed our en will have reviewed the reports from the soil <br /> borings to know how deep the bog is. <br /> Mr. O'Neil stated they have received a report from the applicant's engineers,who have <br /> indicated there is 5-7 feet of bog that needs to be mitigated. He stated it would be the <br /> engineer's responsibility to have that investigated and a mitigation plan in place,which would <br /> follow the city's permitting process. <br /> Mr. O'Neil commented on the financial analysis presented by Ms. Huot. The developer will <br /> be looking at a funding project through MHFA for funding to supplement the project <br /> budget and if awarded, the city would review to revisit the project and determine if <br /> additional monies would change the scope and scale and perhaps the project can grow. The <br /> notification of awards comes in April of 2022. The applicant is also exploring federal <br /> fundings that may be available. <br /> Ms. Huot stated if the project is awarded the grant funding,the city would have to review <br /> TIF based upon the amount rewarded. By April,we will know what is warranted and if it <br /> would affect the final TIF award. Still on the path that we knew. Contract will come later. <br /> Moved by Commissioner Chuba and seconded by Commissioner Ovall to <br /> recommend approval of the consideration of approval of the TIF Number 28 Plan <br /> and TIF District as outlined in the staff report. <br />