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Commissioner Pearce noted that it appears staff has looked into Kaiser's mission statement and inquired whether the City thinks it is feasible to get an easement agreement from Kaiser by the end of the year. Mr. Dolan replied that he hopes an agreement could be reached by then. He stated that considering what he sees as the extreme benefit, one can work around ten feet with this size of a parcel. He likewise indicated that the one behind Parcel 2 on the north end is probably more critical of the two, and he emphasized Chair Narum's comment regarding making the development walkable. Mr. Dolan stated that all literature on walkable communities indicates that smaller block sizes are needed, and this is what the Task Force and staff are trying to do. He added that Mr. Fleissig, the TOD consultant, travels all over the country talking to TOD experts with similar stature in the field about what the most important components of TOD are, and one emphasized including retail and another getting block sizes smaller. Commissioner O'Connor noted that if the City is not able to work things out with Kaiser, it would not want to end up with half a trail that would never be put in. He inquired if any resulting pathway would be owned by and dedicated to the City. Mr. Dolan replied that he was not certain what instrument would be used but that he thinks it would be an easement. He indicated that it sounds reasonable to have a sunset, but he thinks that a recommendation to the City Council should include language indicating that substantial progress has been made rather than specifying a sunset when the deal should be completed. He reiterated that staff is reasonably certain that this would be accomplished. Chair Narum inquired if he would be opposed to adding some wording in the document to that effect. Mr. Dolan replied that if this is compelling to the Commission, it is not an unreasonable thing to do. Commissioner O'Connor stated that he thinks this is necessary. He noted that if this is an easement, the property owners would have to accept liability as well. Commissioner Pearce referred back to the parks issue and indicated that her fundamental question is whether or not a park belongs in what is technically an urban setting. She indicated that she has had this conversation a lot and sat through all Task Force meetings, and she is not convinced that in such an urban setting, the City cannot utilize non-traditional open spaces. She expressed interest in the incentive idea, however, and inquired if staff has thought about ways to manage this. Mr. Dolan replied that the main incentive he thought about would be some type of credit on the park dedication fee beyond just the acreage provided. He explained that the EXCERPT: PLANNING COMMISSION MINUTES, January 26, 2011 Page 20 of 40