Laserfiche WebLink
City of Centerville <br />Council Meeting Minutes <br />April 13, 2016 <br />Council Member Love desired to discuss Item #5, late notification of removal of Mr. James <br />Huisenga from the Consent Agenda and desired to know if the City would continue to advertise <br />for filling the position. Public Works Maintenance Technician Mr. Tedd Peterson stated that he <br />was just informed that Mr. Huisenga had accepted a position elsewhere and felt that upon the <br />direction of the Public Works Director continued advertising of the position until filled would <br />commence shortly. <br /> <br />Motion by Council Member Fehrenbacher, seconded by Council Member Love to Approve <br />Consent Agenda as presented. All in favor. Motion carried. <br /> <br />VIII. OLD BUSINESS <br /> <br /> <br />1.Request for Letter of Credit Reduction, Ground Development **TABLED** <br /> <br />Administrator Ericson stated that this item had been tabled from a Council previous meeting. It <br />was table for staff to review to Ground Development’s tax forfeiture of open space that was <br />required by their Developer’s Agreement, lack of continued maintenance of streets, sidewalks, <br />and vacant lots during both the summer and winter months. This also provided an opportunity to <br />the Parks and Recreation Committee to discuss the item. <br /> <br />Both Administrator Ericson and Council Member King stated that the Parks and Recreation <br />Committee had discussed placing a park bench near the trail in the future. Council Member <br />King stated that the Committee would discuss it again in the future. <br /> <br />City Attorney Glaser stated that Ground Development is requesting a reduction of $14,000 to <br />their letter of credit which expires June 15, 2016. City Attorney Glaser stated that the City has <br />experienced several issues with this developer in the past from tax forfeiture of property due to <br />lack of project maintenance. He explained that City Code required Ground Development to <br />create a homeowners association for the purposes of retaining and paying property taxes on <br />Outlots, and maintaining Monument Markers for the development. However, Mr. Fitterman <br />named himself president and sole board member. He never added residents to the Board. The <br />homeowners association never began operating. Mr. Fitterman presented incorporation and <br />bylaw documents to Council in order to obtain approval of its development plan for the <br />subdivision. City Attorney Glaser stated that changes to the development plan by not operating a <br />homeowners association is a direct violation of the development agreement he has with the City. <br />He also stated with the last request for letter of credit reduction, Mr. Fitterman agreed to <br />modifications of his developer’s agreement allowing the City to use that letter to pay for the City <br />to remediate nuisances on his properties (cutting grass, cleaning sidewalks, etc.). Attorney <br />Glaser stated that this may be the time to request to re-establish a homeowners association or <br />obtain outstanding property taxes on the tax forfeited properties that should have been owned by <br />the homeowners association. <br /> <br />Discussion ensued regarding ensuring that the City remains covered by a letter of credit for all <br />other issues and some funds for maintenance in case the developer again fails to provide such <br />services. Legal Counsel stated that the reduction was only $14,000 and if the City needed to file <br />Page 3 of 11 <br /> <br /> <br />