Minutes - Council - 09/16/2003 - Special

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Councihnember Strommen inquired if they were going to add language into 5.3 pertaining to the relocation of water lines and that the access to the well site has to be maintained at all times during construction. City Attorney Goodrich replied yes. Councilmember Zimmerman stated that in a sense the City is not receiving anything for the right of way because the developer would have to provide the right of way anyway. Assistant Director of Public Works Olson replied that the City would be getting a paved access to the well site, which is a benefit. Councihnember Zimmerman stated that he took exception to that because the City paid good money for the easement and now they are getting nothing for it. City Administrator Norman explained that section 4.18 Special Service District-Park Improvements allows for a special taxing district for park improvements. He explained that the developer has come forward with some concepts for the park areas and they have indicated that they would like to develop more than what they would be required to do. Under this agreement the City would be allowing for a 90-day period to work out these issues and determine what those improvements would be. If for whatever reason the City were to say the developer's plans were not acceptable, the developer has agreed to allow the City to utilize the special taxing district for those purposes. Councilmember Cook stated that the special service district provides the City the guarantee that something will be done with the park area beyond the standard park requirements. Mayor Gamec inquired if 90 days was an adequate amount of time to review the plans. Mr. Engen stated that one of the most critical elements in creating a Town Center is developing a special green space and park area. The parks are no good if people do not use them. They are trying so hard to give the City something special in the area and it is very important to have all the parks linked within the site and to provide enjoyment for everyone as well as the people coming in from the commercial core. They are trying to make sure that the parks that are created by secondary developers are not duplicated by the master parks. They also have to create parks to accommodate major public events. They can agree with the 90-day review period and if the Council wants to include a special taxing district to take their version of the special park and make it bigger they are fine with that. What they were requesting was a chance to design the park for City's approval and if Council does not agree with what they have proposed they will pay the appropriate fees and move forward. Mayor Gamec stated that he thought that the developer was in line with what the City was looking for. City Council Special Meeting/September 16, 2003 Page 8 of 11