07-09-2014 Council Workshop Minutes

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MINUTES CITY COUNCIL JULY 9, 2014 to determine a violation that couldn't be appealed to the City Council if necessary. It was noted that Frattalone's attorney recommended alternative wording for the last sentence of Paragraph 30, and based on the recommendation of the City Administrator, the Council's consensus was that this sentence should read "In the event the City does any such necessary work, the City may, in addition to its other remedies, assess its reasonable costs in whole or in part against the property to be collected in the manner of the property taxes". With regard to Paragraph 32, the City Administrator reported that Mr. Frattalone has the proper bonding and insurance in place. With regard to Paragraph 35, Frattalone's attorney indicates that there may be some items that cannot be fixed within a 48 hour notice as they may be significant or beyond the control of the Owner. After discussing this point, the City Attorney suggested that he reword this paragraph to allow the Owner to immediately notify the City if he cannot make a correction within 48 hours and the City can then determine the appropriateness of whether or not to grant additional time. Frattalone indicated that he would not oppose a penalty provision of perhaps $100 per day for corrections that extend beyond the agreed time period for correction. Council agreed. Frattalone expressed concern with the wording of Paragraph 36 relative to the City's ability to take ownership of materials on the site as well as ability to place demands on the Owner's financial security. The City Administrator agreed that this could provide the City with a way to benefit both from the materials and the financial security. The Council was agreeable with Frattalone's Attorney's modification of this paragraph to prevent that type of situation. Frattalone's attorney recommended the addition of the word "material" relative to a breach of the terms of this Agreement. The City Administrator recommended against the addition of the word "material", but suggested that the paragraph be reworded to provide for notice to the Owner of a breach with an opportunity to cure a breach within seven days. There was discussion relative to minor and major breaches. The City Attorney suggested language that would provide for suspension of the IUP or non -renewal for repeated breaches. The Council was agreeable to the City Administrator's and City Attorney's recommendations. Keis asked if an offer comes in for the property that meets the qualifications provided for in the Agreement, is the IUP terminated. Frank Frattalone agreed that if the property is sold, then the IUP terminates. 3