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Commissioner Fox referred to the future of the Chain of Lakes and inquired if this is the model they will agree to in principle as the Chain of Lakes goes forward, if there will be the ability for passive recreation, or if the Martin Avenue piece will remain the way it is. Ms. Harryman replied that the negotiation took a long time, and that Zone 7 and the City were focused on getting this matter wrapped up. Commissioner Fox noted that in 2004-2005, Ponderosa and the City took out the bike path and then installed the storm drain and rebuilt the bike path. She inquired who owned the property between trees and the curb and if the City will also replace trees that were damaged. Wes Jost replied the Martin Avenue right-of-way is adjacent to the buffer, and there is no gap between the buffer area and the road right-of-way. He indicated that the City will control that entire area and that according to the landscape architect, most of the dying trees are Black Walnut trees, which have lived their normal life cycle and will be removed by the City with no intention of replacing them. Commissioner Fox inquired what the process to have the trees replaced would be after the License Agreement is signed. Mr. Jost replied that he was not aware of that the Agreement calls for in this regard but that this would fall under the responsibility of the Department of Parks and Community Services. In response to Commissioner Fox's inquiry if there was an encroachment permit since the pipeline was under the bike path, Mr. Jost replied that the maintenance of the pipeline is the City's responsibility after it was installed by Ponderosa. He added that this would be included in the License Agreement. THE PUBLIC HEARING WAS OPENED. Michael O'Callaghan indicated that he has been involved in the area since 1978 when homes were being built in the Martin-Trenery area. He stated that their understanding then was that the buffer area was always going to be open space and part of the Chain of Lakes. He noted that he has worked since 1980 on infill development and that nothing strikes more clearly than a Public zoning. He stated that developers have no fear of Agricultural zoning as they see properties like the buffer as opportunities for making money. He added that he sees a playing chip between Zone 7 and the City for along-term trade-off as many developers like parcels where they could build custom homes and still have enough room for trails. He indicated that he believes the buffer area should remain open space and that as a citizen, he would like to see a Public zoning. He stated that the Commission should carefully consider its zoning if the City is really interested in keeping area as open space in perpetuity and developed into the Chain of Lakes. Commissioner Blank disclosed that he personally knows Sherryl Dennis. PLANNING COMMISSION MINUTES, July 23, 2008 Page 16 of 25