08-22-07 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 22, 2007 The City Administrator reported that a Settlement Agreement has been negotiated relative to these costs This Settlement Agreement stated that the developers will pay the City $40,000 toward the costs with the balance due assessed against the unsold lots at 6% interest. The developer has agreed that they will release these costs from any future legal challenge. The City Attorney felt that the Settlement Agreement was a reasonable solution to the ongoing dispute over development review costs, and recommended approval of the Agreement. Mr. McGraw introduced the following resolution and moved its adoption: RESOL UTION NO. 2007-8-207 -ACCEPTING THE SETTLEMENT AGREMENT WITH DAYSPRING DEVELOPMENT RELATIVE TO THE PRESERVE REVIEW COSTS AND AUTHORIZING THE MAYOR AND CITYADMINISTRATOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The foregoing resolution was duly seconded by Montour. Ayes (5). Nays (0). Resolution declared adopted. AMENDMENT The City Administrator reported that when County Road B-2 was TO improved, the four-unit townhome development on the corner of County ASSESSMENT Road B-2 and Viking Drive was assessed at the commercial rate. Viking POLICY Drive is now being improved, and to assess these townhomes again at the commercial rate results in an inequitable assessment. The Administrator reviewed the City Engineer's letter dated August 17, 2007 which outlines three assessment scenarios for these townhome properties. The first is assessment at the commercial rate, the second is at the commercial rate with a .594 cap, and the third is at the residential rate. The City Administrator felt that applying the residential rate to this townhome project for both the County Road B-2 and the Viking Drive improvements was the most equitable. The Administrator reported that if the Council agrees with staff s recommendation, there will be some procedural logistics to work out given that the County Road B-2 improvement costs will have to be re- assessed to the townhomes. He recommended approval of the proposed amendment to the Assessment Policy which classifies townhome projects of four units or less as residential property. It also includes the City's neighborhood meeting process as part of the project initiation process.