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Regular City Council Meeting Monday,April 15,2019 Page 12 Mayor Roe thought it was conceivable for someone to come forward for a Zoning Text Amendment to allow some use in a particular part of the Twin Lakes area that the City had not anticipated or to change from Community Mixed Use One to Community Mixed Use Two on a particular property and that would come before the City Council. He stated he was trying to envision the type of things that would bring the development forward to the City Council for review and approv- al. He was not sure he wanted to put in place something that requires someone to come before the City Council for something that is not otherwise seen by the City Council in terms of development. Councilmember Groff stated any time the City can reduce regulations that are re- dundant or unnecessary, he is in favor of doing so. Reading through this, he thought it was a good proposal. Mayor Roe stated he would be supportive of rescinding this. He wondered if the Council wanted to have something like the narrative he had suggested on other proposals, rezoning and things like that, which come before the City Council that says what the onsite environmental issues are that are known. Councilmember Willmus stated he would look at this from a different angle, is the City putting itself in a position of presenting information that is being deemed re- liable, particularly on a commercial transaction where really the burden is on the party that might be developing or acquiring that parcel. He would not want the City to put something forward that in some manner may actually misrepresent what issues or lack of issues are on that parcel. He wondered if the City put themselves in some sort of jeopardy by taking on that role. That would be a con- cern he would have. He is actually in favor of rescinding the ERW for that very reason, because other entities are responsible and obligated to do these reviews. Ms. Gundlach stated it sounds like environmental contamination seems to be of utmost concern. She noted that preparation of a Response Action Plan(RAP) is an evolving process and when the developer is in front of the public for financial assistance or a rezoning or Comp. Plan Amendment, the developer has not done soil borings a lot of times and has not refined exactly what the developer is doing so the depth of remediation the City is going to be able to have at that time is go- ing to be a very high level summary. When the developer prepares a RAP, the developer has to have contingencies in place. She thought the City could poten- tially be putting itself in a box and saying these are all of the issues and every- thing is being taken care of when at the very early stage of getting a project ap- proved. She noted, with a RAP, the developer is required to write a RAP imple- mentation report when it is all done. She stated the City Staff gets copied on the RAP implementation letter and can forward to the Council, once received, so the Council has confidence that the project was cleaned up in the manner expected.