02/12/1996 Council Packet - Laserfiche WebLink

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COUNCIL MEETING JANUARY 22, 1996 Council Member Kuether said that this was brought up at the Wednesday work session and asked if anyone had called Mr. Brixius and asked him about this. Mr. Ahrens said that he had called and talked to Mr. Brixius on Thursday morning. Mr. Brixius said that Brandywood was prior to him working for the City as a consultant. Mr. Ahrens said that generally Mr. Brixius does not get involved any sort of financial arrangement between the developer and the City. Council Member Kuether said that she was talking to Ms. Dahl and asked Mr. Ahrens what was he using for the basis for this conversation. Mr. Ahrens said he did not know but Mr. Brixius said that he does not get involved in financial situations, that this is generally between the City Engineer and the developer. Council Member Kuether asked if Mr. Brixius is saying that he did not talk to Ms. Dahl? Mr. Ahrens did not ask if he talked to Ms. Dahl. He just asked him if he had any background on this and if so what was the background. Council Member Neal asked that Mr. Brixius attend a Council meeting so that the Council can speak with him on this matter. Ms. Dahl said to Mr. Schumacher that even if he made a mistake and forgot about it and cannot go back , it would still be written into the Brandywood development agreement and there would also be a letter of credit which would be in that file. She said that it would not just mysteriously disappeared or fly away by itself. If he forgot is immaterial, it would still be there and the City would at least know the name of the bank. Council Member Kuether replied if it was there to begin with (in the beginning). Mr. Ahrens said that the developer agreement in the Brandywood file referenced construction costs within the plat itself and he did not see any reference to a letter of credit for 12th/Holly. Ms. Dahl asked if there was a reference to a letter of credit for 12th/Holly in the developers agreement. Mr. Ahrens said no. Council Member Kuether asked Mr. Hawkins if this letter of credit "rang a bell" for him. Mr. Hawkins said no that generally he did not get involved with development contracts, Ms. Wyland does handles these matters. Mayor Landers said that it is his opinion that Ms. Wyland and Mr. Brixius should come before the City Council to answer these questions. Council Member Neal suggested that a meeting be held at City hall with all persons involved in this issue. Mayor Landers said he was in favor of such a meeting because there are unanswered questions. Council Member Kuether said that she did not want it to sound that the City lost $250,000.00 because she was sure that this did not happen. Ms. Dahl said that the City made one step forward in paying for the utilities on Birch Street just to go three (3) steps back with $1,952,000.00 road issue. The $20,000.00 feasibility report was to determine the type of road improvements and costs stated. The traffic study which cost the City another $1,500.00 or more, reported that the Trapper's Crossing will generate 70% of the traffic in the usage of this road. She said, therefore, the conclusion can only be Trapper's Crossing share will be 70% of the $1,952,000.00. Ms. Dahl said Chapter 429 as mentioned at the Council work session is just a smoke screen and has no bearing on this existing PDO and preliminary plat agreement. She said that she believes that it is not the job or duty of the staff to renegotiate an existing PAGE 12