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september 24, 1990 Council Minutes, Page Three Motion carried unanimously. (5-0) . Councilmember Mahowald noted that he and City Attorney Filla discussed a proposed park dedication with representatives from opus/Group Health, (Case #90-02), a few weeks ago for development at 3930 Northwoods Drive. Mahowald and Filla both recommended that Council accept the Promissory Note in conjunction with a principal amount of $49,000 for a public use fee. This payment would be in three annual installments, (with the first installment of $16,400 due October 1, 1990), assuming the City maintains the storm water pond which was constructed on the Group Health Inc., property. opus PARK DEDICATION The final two installments would be due October 1, 1991 and October 1, 1992 for $16,300 each, plus accrued interest. . Council also discussed the Maintenance Agreement, whereby Group Health would complete construction of a storm water retention pond and control structures for Lot 1, Block 1, Northwoods, according to plans approved by the City. After City acceptance of the improvement, the City would be responsible for maintaining the inlet and outlet structures for the pond and for removal of debris from the pond. The developer would grant a waiver of trespass to the City, in order to permit the city to maintain the pond, provided that the City shall be responsible for any damage to the developer's property as a result of maintenance procedures. Attorney Filla advised Mr. Sellergren, Opus legal counsel, has not reviewed the Agreement and suggested Council may approve the Maintenance Agreement, with the condition that any changes by the developer be approved by the Public Works Supervisor and City Engineer, or continue this matter to the October 9 meeting. Filla also noted that liability issues are no greater with the Maintenance Agreement than without it because the pond is dedicated as an easement to the city on the plat. Councilmember Malone questioned if delinquent park dedication payments could be certified to taxes, with a procedure similar to the one used for delinquent utilities. Filla responded that would be possible and suggested language be placed in the Ordinance to outline the procedure. Mahowald noted that the current park dedication ordinance is antiquated and needs modification. He suggested Attorney Filla be directed to revise the Ordinance to bring it into compliance with State law. Mahowald also stated he would recommend approval of the Maintenance Agreement in substantial form. . councilmember Malone suggested that the water level in Item #4 of the Maintenance Agreement be better defined, such as a certain number of feet above sea level.