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11 City Council Regular Meeting Minutes September 23, 2003 Page 11 1 within the district. He noted Erickson's and Video Update had been removed. He also asked 2 regarding the status of the Equinox Apartments. 3 4 Mr. Cadwallader indicated he felt the City had picked and chosen who would be included and 5 excluded. He asked if US Bank had indicated they did not want to be part of the district and, 6 therefore, they were not part of it. He stated he did not want to be part of the district; however, 7 he had not been given a choice. He added his property had been rezoned and replatted before a 8 TIF district had been established. He asked why the City was taking these actions without 9 authority to do so. 10 11 Mr. Cadwallader agreed this had been a long, complicated process and asked why there was a 12 rush at this point in the process. He felt actions were being taken without a proper foundation, 13 even though he agreed the actions might be doable. Mr. Cadwallader asked that all of the 14 process be completed prior to taking action. 15 16 Bruce Malkerson, Malkerson Gilliland Martin LLP, noted he was the attorney representing Pratt- 17 Ordway, Inc. He stated he had a question regarding Resolution 03-082. He suggested the 18 following reports be added to paragraph 1.04,which referred to "certain written reports relating 19 to the Plans and to the activities contemplated therein": NW Area Quadrant Plan and the update 20 of that plan, summary of inspections of findings by LHB Architects, full report of inspection 21 procedures and results for determining the qualification of the TIF district and building code and 22 conditions deficiencies report. He felt these reports should be included because they were part 23 of the overall study of the district. 24 25 Mr. Gilligan stated he agreed with Mr. Malkerson and indicated the third sentence in paragraph 26 1.04 should read as follows: These reports include the Summary of the Inspections and Findings 27 prepared by LHB, the Environmental and Asbestos Reports prepared by Braun Intertec, the NW 28 Quadrant Task Force Report and the NW Redevelopment Area Blight Analysis prepared by 29 DSU. 30 31 Mr. Malkerson indicated Stacie Kvilvang of Ehlers and Associates might also have a 32 presentation on blighting conditions in the area and asked if that should also be included. Mr. 33 Gilligan responded he was not aware of such a report. 34 35 Peter Beck stated he represented the owners and managers of the Apache Medical Building. He 36 indicated they had been concerned earlier in the process when the medical building had been 37 included in the potential PUD and were now pleased to see it was not a part of the PUD. He 38 stated the owners and managers of the Apache Medical Building would like confirmation that 39 the building was not included and access would not be closed to 39`h Avenue. 40 41 Mr. Beck explained the owners of the building were planning to renovate and reposition the 42 building in exciting ways. He noted it was understood the building was also in the TIF district, 43 which was more of a concern. He added, if the decision was made to make the investment in the 44 property, the primary concepts being pursued would require some measure of assistance. He 45 stated the owners would like to clarify that the intent of the building being in the TIF district 46 would not be that any investment made would generate TIF for the PUD but would be increment