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COUNCIL MINUTES December 10, 2018 <br />DRAFT <br />239 Council Member Manthey said he felt some concern about that language but he understands that there <br />240 are surface water needs in the area. <br />241 Mayor Reinert said he is concerned that this council and future council should not be bound to make <br />242 bad decisions. <br />243 Council Member Stoesz said he is also concerned about language on the surface water project; there is <br />244 no flexibility on the date to complete. Mr. Grochala explained the rate structure for surface water <br />245 management, typically collected on a phase basis; the amount in this development requirement applies <br />246 the amount as an assessment across all the acreage; it isn't subject to change. <br />247 Mayor Reinert asked the cost of the channel project and Mr. Grochala said approximately $3 million. <br />248 The mayor asked how staff knows that $2.1 million to the developer is the correct amount; Mr. <br />249 Grochala said it is based on calculation of established City charges. Mayor Reinert suggested this is <br />250 not an average project. <br />251 <br />252 Mayor Reinert noted that surface water reuse is mandated by this document. That's a fairly new idea <br />253 but he sees it as a good idea to use pond water for irrigation. He doesn't like the word "mandate" for <br />254 that project though. Mr. Grochala explained what is proposed — what areas will be served by surface <br />255 water irrigation and those that would be served by typical methods. Engineer Hankee explained that <br />256 there are rules and regulations about use of the surface water and information will be posted. <br />257 Council Member Stoesz remarked that the "mandate" occurs in two areas of the agreement. <br />258 Council Member Manthey recalled past council discussions that brings the process forward for part of <br />259 the project. <br />260 Engineer Hankee explained when the typical irrigation system would kick in. She also noted use of the <br />261 surface water irrigation model in other cities; there is not concern about the process. <br />262 Mayor Reinert noted language in the agreement allowing the developer to periodically change financial <br />263 security but he doesn't see any guidelines to manage that. Attorney Squires said it is typical in a <br />264 development agreement to allow a reduction in security as work is completed and the project moves <br />265 on. The referenced language allows a request only once per month. The approval is normally not <br />266 brought to the council. Mr. Grochala noted that posted security and staff (engineer) review and <br />267 approval is involved. Mr. Grochala noted the language related to the Letter of Credit. <br />268 Mayor Reinert noted language on park dedication that appears to bind the City. Mr. Grochala <br />269 explained the location of the park and when the park dedication language occurred in the process and <br />270 how it will be used going forward. <br />271 Mayor Reinert discussed the language on the clubhouse, reading that it is to be constructed at "518 <br />272 building permits". Mayor Reinert proposed instead of 518 building permits that it read "518 lots <br />273 approved". <br />274 Mayor Reinert pointed out language that requires the Peltier lake channel to be built by 2020; he asked <br />275 the council about their opinion on the language. Council Member Maher asked about the rationale? <br />276 Mr. Grochala explained that the developer cannot go forward with phases (even with grading) that they <br />277 have committed to without the water outlet that would allow for approval from the watershed district; <br />278 that year is doable from a construction standpoint. <br />7 <br />