12/15/1999 Council Minutes - Laserfiche WebLink

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• CITY COUNCIL WORK SESSION DECEMBER 15, 1999 The City Attorney advised the developer's agreement must include a provision for the road. Mr. Baylor distributed copies of a letter he wrote to the City requesting City assistance for the road. He indicated at that time the City did not offer any assistance. He stated he is working on the developer's agreement with the City. He indicated he would work through the eminent domain process. However, he is concerned about the time factor regarding that option. He advised he would continue negotiations with Mr. Rehbein. He noted that he believes discussions with Mr. Rehbein will lead to an agreement before the public process allows for the road. He stated he needs a "catch all" to move forward with the project. Mr. Baylor distributed a copy of language for the developer's agreement that is acceptable to him. The City Attorney advised the City does not purchase roads at a fair market value. The City does not have a method to do that. Staff advised they have gone to every effort to come to an agreement and believe an agreement will be made. However, staff advised Council to approve the City process to build the road in case an agreement is not reached. Discussions will continue with Mr. Baylor. Staff indicated they would also encourage discussions between Mr. Baylor and Mr. Rehbein Mayor Sullivan advised the City does use tax increment financing. However, TIF is not available for commercial properties. Purchasing roadways at fair market value is not the standard practice of the City. Council Member Lyden advised he would not support the eminent domain process. Mr. Mark Vergo, representative for Mr. Rehbein, advised that Mr. Rehbein would prefer the road be developed privately. However, if an agreement can not be reached, he will support the eminent domain process. Mr. Greg Hayes, Developer for the area, advised a market study has been done relating to the development of a grocery store. The market will support a grocery store in the area. The impasse relating to negotiations with Mr. Baylor is value. Mr. Baylor does not support eminent domain but also does not want to be held hostage. A grocery store may decide not to go in because of the controversy with the road. Mayor Sullivan advised that if an agreement is reached before Monday, December 20, 1999, the City would not have to proceed with eminent domain process. 410The feasibility study and authorization of eminent domain will be on the agenda at the regular Council meeting Monday, December 20, 1999, 6:30 p.m.