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4 10 11 12 13 14 15 16 17 18 19 20 21 22 LY 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 City Council Regular Meeting Minutes September 13, 2005 Page 4 Mr. Morrison noted the four points in the Agreement for the maintenance of Salo Park: The City has a right to use the subject property for park purposes; The development team, through Apache Park, LLC, will manage and maintain the improvements. Reservations for use of facilities will be taken by Apache Park, LLC and City permitting requirements must be met; Specific rules for Salo Park are established in Exhibit B to the Agreement; In exchange for public use of the facilities, the City will, as outlined in the Redevelopment Agreement, pay the annual maintenance costs of the Ponding Site Improvements. Apache Park must provide by July 1 of each year an estimate of the maintenance costs for the following calendar year. Mr. Morrison noted that Exhibit A is the Public Use of Apache Park Property and Facilities. This is set up differently than any other park in the City due to its ownership. There will be a committee of two City employees as well as representatives of the housing and commercial entities. The committee will review applications for use. He explained the rules are those in the City Ordinance, and will be consistent with other park rules in the city. Councilmember Thuesen asked if there was any discussion about a maximum annual increase that could be charged to the City for the maintenance agreement. Mr. Morrison responded there was none. Councilmember Thuesen stated he was searching for some type of justification. Mr. Morrison explained that Apache Park will have to submit a budget every year. He added that there is also a provision that the City can take over the maintenance of the park if it feels something is not being handled correctly. Councilmember Stille questioned whether the name of Salo Park has been fully dedicated and whether the naming of the facility should be incorporated as part of this agreement. Mr. Morrison said a resolution has not been passed for the name of the park. Councilmember Stille commented the Resolution states this would finalize the Agreement, though there are details that need to be worked out. Mayor Faust noted that the final Whereas in the Resolution should have the following added to it: "This park shall heretofore be known as Salo Park." The easement gives us those naming rights. It has been suggested by several committees, and the developers, as well as the Council as a whole to name the park Salo Park. Motion by Councilmember Stille, seconded by Councilmember Thuesen, to adopt Resolution 05- 073, re: A Resolution Relating to Assignment, Assumption, Easement, Park Management and Maintenance Agreement, including in the last Whereas "This park should heretofore be known as Salo Park." Ayes — 2, Nays -1 ( Stille). Motion carried. 44 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. City Manager Morrison reported the following: 4J • John Ohl is the new Police Chief effective 10/31/05.