1998-07-22 Packet - Laserfiche WebLink

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Councilmember Brenner questioned Staff about the recommendation from the Park and Recreation Committee. Mr. March reported their recommendation is to omit the trail in lieu of a cash settlement. Mayor Wilharber clarified another trail will connect Brian Drive to the Eagle Pass Development. Councilmember Powers confirmed sidewalk is constructed along Dupre Road in the development. Councilmember Brenner felt comfortable with the Park and Recreation recommendation and suggested a cash payment of $7000. Mayor Wilharber believed by removing the trail the City may eliminate future problems with this section of the trail leading to the pond and attracting children. Councilmember Powers was disappointed the City spent time developing a trail vision and then now the vision is proposed to be amended. Mr. March said the Councils wishes are sound. However, he felt the watermain assessment and the trail issue should coincide with each other. Mr. Quigley stated the Eagle Pass Developers only received a pending assessment notice but no further notice nor statements were received. Mayor Wilharber confirmed the assessment cost is approximately $58,200. Councilmember Brenner noted in the legal councils opinion the developer should not be required to pay all existing interest. Mr. Quigley commented the city granted a $20,000 credit for oversizing against the assessment. Councilmember Brenner commented the legal council stated the first year of interest can be excused. Mr. March felt the developer incurred a debt and should be responsible for paying the debt and interest. Councilmember Powers suggested the developer pay the principal amount. Mr. March recommended the City request $9000 for eliminating the trail. Mr. Quigley recalled the developers committed to exceed the City expectation when preparing to develop the park. Councilmember Powers moved to accept a $7000 cash payment in lieu of the trail section. Motion seconded by Councilmember Brenner. Motion carried unanimous Councilmember Powers moved to allow the Eagle Pass Developer to pay the original assessment of $58,200 minus over sizing fees plus a $500 good faith gesture towards interest. Motion died for a lack of a second. Councilmember Brenner moved to allow the Eagle Pass Developer to pay $58,000 plus $6000 interested accrued. Motion died for a lack of a second. Mayor Wilharber moved to allow the Eagle Pass Developer to pay the assessment placed on the inactive property identification number with no interest. Motion died for a lack of a second. Councilmember Powers moved to allow the Eagle Pass Developer to pay $58,000 plus half of the interest accrued Motion seconded by Councilmember Brenner. Motion carried unanimously_ 2