2003-10-22 CC Packet - Laserfiche WebLink

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City of Centerville October 8, 2003 Council Meeting Minutes Dupre as the feasibility study for the street and utility improvements included the sidewalk and that will be done at the same time. City Attorney Hoeft suggested amending the language to state that the sidewalk: comes under the street and utility improvement by indicating the developer hereby requests the City construct a concrete sidewalk. He then indicated that he would work out the language and provide it to the developer. Ms. Moore-Sykes indicated that the Parks and Recreation Committee had asked for language in the developer's agreement to ensure that the sidewalk: and trailways were constructed. Ms. Karen Marty indicated she had nothing new to say with regard to the waiver. Council Member Broussard Vickers asked if the developer was willing to sign a new waiver. Ms. Karen Marty indicated the developer is not willing to sign a new waiver. Council Member Broussard Vickers asked for the options from the City Attorney. City Attorney Hoeft indicated the City could proceed without a waiver, make the assessment and wait fo see if the amounts over the waiver will be contested. He then said there is a cost to defend a contested assessment but he feels the developer's agreement obligates the developer to pay for those costs. He further commented that, other than for entertainment value, he does not 'know why the developer would challenge the assessments because he feels that the benefit can easily be proven. Council Member Capra indicated that Ms. Marty had stated that there was an original waiver in the original agreement and that is why they do not want to waiver this agreement. City Attorney Hoeft indicated the developer says the City approved the development plan for all construction and waived up to $1.8 million so that is what they are obligated to so the question is whether the City is obligated to do the 429 process on this portion of the land and he is not convinced that the City is. He then indicated that the City has given independent approval by this body for each phase and just because it is indicated in the initial agreement that the City would proceed with the 429 process with a waiver of X number of dollars does not commit the City to going forward with 429 process. He further commented that the interesting question is if the City does not go . forward with 429 process for the final phase and waiver of $1.8 million he would anticipate that the developer would say that the $1.8 million was for a three phase project and try to factor out the first two phases so the City may have an assessment challenge even if Phase ill does not go forward. Page 7 of 14