CC_Minutes_2012_0723 - Laserfiche WebLink

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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23, 2012 Page 48 Mayor Roe noted that, if the motion passed, it would be staff's responsibility to change the language of the Development Agreement as applicable. Roll Call Ayes: McGehee. Nays: Pust; Johnson; Willmus; and Roe. Motion failed. Councilmember Pust thanked staff for ensuring that there was no parking along roadways, anticipating future problems and concerns that would e heard from the community(Development Agreement, Page 8, Lines 211-213). Development Agreement,Page 9, Subparagraph P(Costs),Line 341 At the request of Councilmember Pust, Mr. Trudgeon noted the mechanism for billable costs through an escrow account tracking staff hours for planning, prep- aration of materials, meeting times, various discussions, and other tracking to the greatest extent possible. Councilmember Pust suggested that in other areas of the Development Agree- ment (e.g. twice on page 10, line388 and page 11, line 433), Wal-Mart was to reimburse the City for costs to enforce the agreement, including all reasonable attorney fees. Councilmember Pust noted that this provision provided various options if people didn't play by the rules, and suggested that attorney fees would be included if there was a need for the City to bring legal action in the fu- ture. Pust moved, Johnson seconded,Page 9 of the Development Agreement be re- vised at lines 355-360 to include in the indemnification clause that it be speci- fied "including reasonable attorney fees." Roll Call Ayes: McGehee; Pust; Johnson; Willmus; and Roe. Nays: None. Willmus moved, Johnson seconded, adoption of Resolution No. 10995 (At- tachment G) entitled, "A Resolution Approving the Twin Lakes Second Addi- tion Plat and Associated Development Agreement(PF-12-001);" as amended as above-referenced. Councilmember Willmus spoke in support of the motion, with the realization that while Wal-Mart may not be what he had ultimately envisioned on that par- cel, it was compliant with the City's Zoning Code and Comprehensive Plan.