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Mr. Patrow asked if that has to pass before they can rezone and build. <br /> City Engineer Westby replied Council would receive the traffic study and take that into <br /> consideration. <br /> Mr. Patrow asked if it doesn't pass and they decide to move forward with it and there is a fatal <br /> accident, who would be liable for that. <br /> City Attorney Knaak it is a public road design which is not a liability for the City because of the <br /> law. <br /> Mr. Patrow asked if PACT or the developers would be liable. <br /> City Attorney Knaak replied, if it is a public road they wouldn't be any more liable than the City. <br /> Mr. Patrow asked if that is the case if the study shows hazards but the City pushes it through <br /> anyway. <br /> City Attorney Knaak replied yes. <br /> Ron Lindenberg, 6300 163rd Lane NW, stated with a school operating five or six days a week with <br /> the addition of the school, seven days with the park and church, the neighborhood will change <br /> quite a bit. He asked if the park system is aware of what may come to the area and the impact to <br /> Central Park. <br /> Councilmember Woestehoff commented that the motion on the table is contingent on the <br /> Preliminary Plat. He stated he appreciated that it wouldn't be effective until more information is <br /> given but it isn't contingent on the Preliminary Plat and then it would be zoned as park or quasi- <br /> public. Therefore, if PACT decides it is too expensive to develop or doesn't go through with <br /> development, it would be the zoning which would give the City an opportunity to potentially buy <br /> the 18 acres from the church. He suggested not having it contingent on the Preliminary Plat. He <br /> stated he would be opposing it anyway because the land is too small for a school. <br /> Councilmember Howell asked the applicant if their project would be hindered in anyway if the <br /> motion were changed to not be contingent on the Preliminary Plat. <br /> Mr. Fincher, representing the applicant, replied it wouldn't change anything for them, but asked <br /> that it be run past the church. <br /> Councilmember Specht commented for now he is going to leave the motion as is because it can be <br /> addressed at a later time. <br /> A roll call vote was performed: <br /> Councilmember Heineman aye <br /> Councilmember Woestehoff nay <br /> City Council/March 22, 2022 <br /> Page 13 of 25 <br />