05/13/2002 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES APRIL 8, 2002 • City Attorney Hawkins advised if the final cost of the project is equal to or less than the City Engineer's estimate, then the developer cannot appeal the assessment. • • Mayor Bergeson expressed concern regarding the issue of ownership of the property and whether the developer or the future homeowners would be responsible for payment of the assessment. City Attorney Hawkins indicated the assessment must be paid in full prior to a building permit being issued on the project. Councilmember Reinert moved to adopt Resolution No. 02 -28, Ordering the plans and specifications for the West Shadow Ponds Street Improvements. Councilmember O'Donnell seconded the motion. Councilmember Carlson stated she respects the opinions of the other Councilmembers and staff, however, she would not be voting in favor of this project. She noted the project was not included in the City's annual budget, nor the draft five -year plan. Additionally, the Comprehensive Plan has numerous references to requiring infrastructure improvements to be paid by developers. She acknowledged that the City would receive back the money invested in this project, however, she noted the City does not install the infrastructure for all residential projects and she was concerned about fairness to the other developers. She added that the City was not allowing some other projects to go through due to road issues. Councilmember Dahl asked what the normal repayment schedule is for an assessment. City Attorney Hawkins stated this depends upon the project and some assessments schedules can run for up to 30 years. Councilmember Dahl asked Councilmember Carlson to elaborate on her concerns regarding this project. Councilmember Carlson stated she has reviewed the City's Charter, which requires the Council to approve projects according to the budget and this project was not included in the budget for this year. Additionally, the project was not included in the five -year plan and the Comprehensive Plan specifies that the City should not fund infrastructure improvements for private developments. She added the City does not do this type of work for all developments and has not agreed to this type of project for a number of years. City Administrator Waite Smith stated this project would not affect the City's operating budget, only the debt service levy. She questioned what would happen if the City, after approving the development agreement, failed to follow through with the installation of infrastructure as called for in the agreement. It was the opinion of City Attorney Hawkins that because the City is contractually obligated to perform this work, there would be no option for the City to not follow through. He stated if the City failed to order the proposed improvements, this would result in a breach of contract. 9