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City Attorney Goodrich noted that the $250,000 will be used for park maintenance, but there was <br />no letter of credit guaranteeing that. He also noted that section 4.12 should be part of section <br />15.1 so that if the developer does not pay the $250,000, the City could cancel the agreement. <br /> <br />Councihnember Strommen requested that staff explain where the new wells would be located. <br /> <br />Councilmember Zimmerman suggested that the language in section 5.3 be changed to Existing <br />City Well site. <br /> <br />Assistant Director of Public Works Olson reviewed the location of the two new wells that will be <br />drilled on the site. <br /> <br />Assistant Community Development Director Trudgeon noted that drainage and utility easements <br />are included for those wells on the final plat. <br /> <br />Assistant Director of Public Works Olson explained that the developer will be required to <br />relocate the infrastructure that currently exists within the easement to the new access location at <br />the developer's expense and that the access to the well site is maintained during construction. He <br />suggested that those requirements be included in the development agreement. <br /> <br />Tim Engen, Ramsey Town Center, LLC, stated that it appeared to him that those were issues that <br />could be addressed as part of final plat approval rather than making the development agreement <br />an engineering discussion. <br /> <br />City Attorney Goodrich noted that the City would be conveying 90 feet along the northern <br />portion of the property, reducing the well site by 4,800 square feet in addition to losing the <br />easement south of #116 to the well site. In 1999, the City paid over $100,000 for the well site <br />and the easement. What the City will receive in return is the City Hall site and $250,000 for park <br />maintenance in 2005. <br /> <br />Councilmember Pearson inquired if the City had the legal right to convey the 90 feet. <br /> <br />City Attoruey Goodrich replied that the City owns the land in fee title. The only issue is that <br />Councils in the past have stated that the easement would be kept for a buffer but the City does <br />have the legal right to sell the land. <br /> <br />Assistant Community Development Director Trudgeon noted that the City would be receiving <br />about 3.5 acres in exchange for 5.5 acres that includes some wetlands. <br /> <br />Councilmember Cook replied that the City would also be receiving $250,000 for park <br />maintenance. <br /> <br />City Council Special Meeting/September 16, 2003 <br /> Page 7 of 11 <br /> <br /> <br />