Minutes - Council - 09/07/2010 - Special

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had never been adopted. That sale ordinance is now being presented for introduction and then adoption at a subsequent meeting. Mr. Goodrich stated that at the August 24, 2010 City Council meeting, the proposed sale ordinance received a split 3 -3 vote. Staff is bringing the ordinance back in hopes of an actual motion either in support or in denial. The property is currently a subject of platting. The past has proceeded to be potentially platted as Outlots A and B. Should the ordinance pass, staff will proceed forward with the application for site plan review and minor plan. If it does not pass, staff will withdraw the application for both, as the City is the current property owner of the subject property. He introduced Mr. Rick Foster. Rick Foster, President of River's Bend Holdings, LLC, stated he came forward with a plat called River's Bend 4 — Xkimo that extends to 142 north. He gave some history of the property. He talked about what he owned and how he had to wait to develop it and the right -of- access, and the dealings with the City with regard to the right -of- access. He was dealing with the Holiday Gas Station and he was contacted by Mr. Norman, the former City Administrator, who stated the City could not afford to buy Mr. Foster's access and that he either takes a piece of property in trade or the project dies. He wanted the deal with Holiday to work so he took the piece of property by the pump house. He stated he signed over his right -of- access on two parcels and gave that to the City. He closed on the Holiday station — got the purchase agreement completed in 2006 — the rest did not seem to be a rush. He stated he has gone through a couple of site plans on the property. Councilmember Wise questioned Mr. Foster giving his right -of- access without payment to which Mr. Foster replied he got the signed purchase agreement. Councilmember Look inquired if we know what the value of this land is versus the right -of- access. Planning Manager Miller stated that we never got an appraisal on the River's Bend property. Mr. Goodrich added that the appraisal for the right -of- access was done back in 1999. Councilmember Look asked if the then City Council was aware of the purchase agreement that was signed. Mr. Foster stated he also had conversations with Mr. Norman about parcels to the north of Xkimo and Highway #47. Mr. Goodrich stated that there were discussion in 2005 and 2006 at the City Council level and in October 2006, the Council voted 5 — 2 to enter into the purchase agreement. Councilmember Wise stated his assumption is why buy it and pay taxes on it when you can tie it up into a purchase agreement. Councilmember Dehen asked if there was some consideration for Mr. Foster giving away some access. Special City Council — September 7, 2010 Page 2 of 6