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<br />Mr. Walz indicated this could be addressed through the office park association. <br /> <br />Councilmember Elvig indicated a surety would be needed. He inquired about the possibility of a <br />lift station. <br /> <br />Mr. Walz stated he has had several conversations with Brian Olson, Patrick Trudgeon, and Steve <br />Jankowski. Mr. Olson's recommendation was to make no changes and that everything be <br />completed at one time. Mr. Trudgeon's recommendation was to install the road and not to worry <br />about the infrastructure as it could be 10 to 15 years into the future. Mr. Jankowski's <br />recommendation was that the lift station is not included in the Comprehensive Plan. He did not <br />allow for any adjustments for the lift station. <br /> <br />Mayor Gamec stated it would need to be guaranteed through the developer's contract that the <br />infrastructure costs would be absorbed. <br /> <br />Mr. Walz suggested installing the road and using the easement along the road for the <br />infrastructure in the future. The association agreement could include an initial assessment of an <br />amount such as $100 for each building. <br /> <br />Councilmember Dehen stated his concern is as Councilmember Elvig alluded to, which is that <br />the developer will be gone in the future, and he does not want the City to be stuck with the <br />infrastructure costs. From that standpoint he would like to hear from the City Attorney on how <br />they can be protected and have a plan for the future. <br /> <br />City Attorney Goodrich advised there is not a legal document that can be signed to assure that <br />the improvements are paid for at some period out in time. The special assessment chapter 429 <br />process requires projects to be happening for the City to require payment. In the future a special <br />assessment project could be done when sewer and water becomes available, but that would be to <br />the benefiting property owners. <br /> <br />COUncilmember Elvig suggested an escrow account could be set up and that payments begin into <br />the account through assessments. Even if bonding were to be required there would be income <br />dedicated to that. <br /> <br />Councilmember Strommen pointed out that the cost of the future improvements are not known at <br />this time. <br /> <br />Councilmember Elvig suggested a cap could be put on the account. Assessments would continue <br />to be paid until the cap is reached. The account would be a vehicle to take down a portion or <br />perhaps a majority of the cost. <br /> <br />City Attorney Goodrich advised this type of account would not be a normal special assessment <br />project; it would be an escrow fund related to this development agreement. Engineering staff <br />could calculate the amount today with the cost of living index applied. He is not certain what <br />would be done if individuals refused to pay the assessment. <br /> <br />City C(mncil / May 22, 2007 <br />Page 13 of 24 <br />