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were whether that was truly the dollar amount to change the Sam's Club prototype and <br />was the prototype initially up to City standards anyway. <br /> <br />Mayer replied that this wasn't an incentive. The City could not require it on the PUD, <br />therefore these monies were expended in order to bring the project up to the Commercial <br />Development Design Standards & Guidelines. However, it appears that the City could <br />have required it under the Commercial Development Design Standards & Guidelines and <br />had a legal right to do so. <br /> <br />Light replied, yes, that is correct. He stated that whether the City wants to use those <br />findings or basis with which to enter into a sales tax rebate agreement is, as of yet, <br />undecided. The Council hasn't approved specific findings as to why the City would want <br />to enter this agreement, they are still in draft form. <br /> <br />Mayer stated that, in some ways, he is less concerned with the legal rationale than what <br />rationale was used to justify this program. He felt that it has been effectively dispensed <br />that the City had to essentially provide the money to bring the project up to the <br />guidelines. The City could have required that quite clearly anyway. Also, did the City of <br />Louisville have to provide Sam's Club with an incentive to come here. He did not believe <br />an incentive was required. He questioned where Sam's Club would have gone otherwise. <br />Boulder wasn't letting 'big box' stores in. Home Depot, according to the Boulder Business <br />Report would have offered the City of Boulder one million dollars in open space if they <br />would let them into Boulder. It's clear that these businesses wanted to be as close to <br />Boulder as possible. Superior already had Costco, leaving Broomfield as the only serious <br />competitor. The question with Broomfield was whether there was any ready site off the <br />highway, as Louisville had. He felt it was obvious that going to Broomfield would have <br />engendered a minimum delay of six to twelve months in terms of a project approval. It <br />could have very well been an even longer delay, if they had to go back through the <br />process to get a site ready to develop. The consequences would have been a loss of <br />revenue and their competitive advantage with Costco. There would also have been a loss <br />of expenses associated with choosing and planning a site from Louisville. They would <br />have moved to a site that would put them at a competitive disadvantage for the Boulder <br />market. The farther that Sam's Club moved from Boulder, the better Costco's situation <br />would be for attracting Boulder retail traffic. It would have also squeezed Sam's Club <br />between the Costco by the Westminster Mall and the Superior Costco. He stated that <br />consumers don't typically pay for membership in two different membership warehouses <br />so opening first was crucial to Sam's Club. He explained that he recently spoke with a <br />marketing employee for Sam's Club. The employee mentioned that Sam's Club was <br />giving away thousands of free memberships, something that she said had not been done <br />anywhere else. He felt that it was easy to translate thousands of free memberships into a <br />significant six-figure cost, which was being done, effectively, as a preemptive strike <br />against Costco. If Sam's had moved to Broomfield, they would have lost all of that. He <br />felt that there was great doubt whether Sam's Club would have moved to Broomfield. He <br />said it was mentioned on the videotape of the Council meeting, that Home Depot paid <br />$100,000 less cash-in-lieu than they should have. He explained that he proposed <br />increasing Home Depot's cash-in-lieu from the required $175,000 to $225,000. He stated <br /> <br />18 <br /> <br /> <br />