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<br />" <br /> <br />City of CA:ntelvillc <br />October 8, 2003 <br />C01DlCil Meeting Minutes <br /> <br />City Attorney Hoeft asked Council to provide direction to the developer as to how it <br />wished to proceed. <br /> <br />Mayor Sweeney indicated that Council wants to see a waiver for the costs for Phase III or <br />it is not prepared to move forward with the 429 process. <br /> <br />Ms. Karen Marty indicated that they were aware that COlIDCil might take this action and <br />she thinks they have discussed everything that they are going to discuss and could not <br />bring anything different back at another meeting. She then said that, unless Council has <br />specific direction for them, she does not feel it is necessary to table the matter. <br /> <br />Council Member Broussard Vickers indicated the City is not asking the developer to <br />assume financial risk but is just asking the developer to pay the assessments for what the <br />property improvements cost so the City is ensured that the costs are not picked up by the <br />City. She further commented that this is not a case of beefing up the costs, the costs are <br />what they are for the improvements and the City wants the developer to agree to pay <br />those to limit financial risk to the taxpayers of this City. <br /> <br />Council Member Capra asked if the developer was open to considering financing the <br />improvements rather than the 429 process. <br /> <br />Ms. Marty indicated the developer did a waiver based on the estimate for 429 <br />improvements for all three phases. She then said that they believe that the City has some <br />obligation to follow through with its side of the bargain which is to construct those 429 <br />improvements. She then said the City can do what it wants and the developer will <br />respond accordingly. She further commented that it is unfortunate that the City incurred <br />costs but she does not see where it is possible for the developer to write a blank check to <br />the City for a waiver. <br /> <br />COlIDCil Member Broussard Vickers indicated that the City is not asking for a blank <br />check but an additional specific amount on the waiver for the costs for Phase III. She <br />further commented that the assessment was an estimate and all parties knew that in the <br />beginning. <br /> <br />City Attorney Hoeft responded by indicating that the original waiver did not obligate the <br />City to construct under the 429 process. <br /> <br />Mr. Peterson indicated that he is in the process of working with Staff on the numbers for <br />Phase II for the assessment hearing on November 12, 2003 and he expects to have those <br />figures for the next meeting so that the City will have a better idea of where it is at on the <br />$1.8. <br /> <br />City Attorney Hoeft indicated that counsel for Ground Development has already initiated <br />a challenge to the assessments whether it is a challenge to Phase I, Phase I and II or Phase <br />III, there is a challenge riding out there. <br /> <br />Page 9 of14 <br />