City Council Minutes 2014 10 21 - Laserfiche WebLink

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City Council Meeting Minutes October 21, 2014 Page 17 of 24 there is conversation, which assumes this will be public parking for special events. He stated there are many underutilized lots in the downtown area and urged Council to delay this action and review the contract. COUNCIL COMMENTS Council member Lipton noted the City staff will recommend items related to the PUD or the rezoning agreement. He asked if the Planning Commission and City Council still have discretion to approve or disapprove after the contract is signed. City Manager Fleming confirmed the Planning Commission and the City Council could exercise their discretion after the contract is signed. Council member Moss found it disconcerting to have the stipulations included in the purchase contract and stated she could not vote in favor of the contract. Mayor Pro Tem Dalton did not share Council member Moss's concern. He noted the Council has representation through the City Attorney and the Planning Director. This is a statement of what the developer wants. If the City buys the property, Mr. Tebo has to submit his proposal for the Planning Commission and City Council approval. Council member Stolzmann was not in favor of signing this contract and spending money on this land acquisition. She did not feel this was the best opportunity for the City. If this is for future parking in the urban renewal area, other avenues for payment should be explored. She favored spending money on more parking, but did not feel this was the best option available. Council member Lipton commented the Council has been working on this area of town and a preserve of land is needed for parking. The City could wait, but there may not be an opportunity later. He stated the property is within the value appraised range. He was concerned over the stipulations on the development issues, but felt if the City Attorney is confident the City can apply their standards and rules and discretion to accept, modify or not approve the development plan, he felt it was an opportunity for parking and to connect the urban renewal area with the downtown area. He supported the purchase contract. City Attorney Light summarized the contract is set up to provide conditions prior to the closing similar to other recent land acquisitions. Any closing on the purchase is conditioned on land use approvals. The parties to the contract recognize the land approvals are subject to the discretion of the Planning Commission and City Council and that there are no assurances in the contract those approvals will be given. If those conditions preceding the contract are not met the property owner can exit the sales transaction. Those transactions are structured whether the City is buyer or seller. He stated it is quite common to have purchase and sales contract conditions preceding the closing relating to zoning and land use matters. Part of the issue is the number of items the seller has asked for, which have to be effectuated through a land use. The City