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6. PUBLIC HEARING <br />None. <br />7. COUNCIL BUSINESS <br />7.01: Consider Revisions to Development Contract for Legacy Christian Academy /Alpha <br />Development <br />Senior Planner Gladhill reviewed the staff report. <br />Mike Altimer, Legacy Christian Academy, stated the Academy is in agreement with the changes <br />in the report. <br />City Attorney Goodrich explained the purpose is that if the bids come in higher, the City Council <br />would like to have another option to look at it to consider whether the City would like to assist <br />more financially if the developer chooses not to. <br />Motion by Councilmember Jeffrey, seconded by Councilmember Wise, to approve the revised <br />Development Contract, contingent upon opening and awarding of bids for the 429 Assessment <br />Project to ensure City constructed improvements are properly funded and authorizing the City <br />Attorney to make minor amendments as to legal form to the development contract. <br />Discussion: Councilmember Elvig questioned why this could change from past policies. Senior <br />Planner Gladhill explained this case is specifically relating to the sewer and water The City is <br />stating it will collect a letter of credit if the private improvements were not complete. <br />Councilmember Elvig stated he wanted to be careful about setting precedence for the public. <br />Senior Planner Gladhill noted there is a finding in the proposal that this is a non - profit and the <br />City is assured it will be reimbursed. City Attorney Goodrich stated this case is different in that <br />usually the developer sells off lots and the assessments are paid off when the lots are sold and <br />this case that is not expected. <br />Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Jeffrey, Wise, Backous, Elvig, <br />McGlone, and Tossey. Voting No: None. <br />7.02: Consider Storm Sewer Outlet Revisions Related to City Project #08 -33, Ute Street <br />Improvements <br />Assistant City Engineer Himmer reviewed the staff report. <br />City Attorney Goodrich stated he and staff have looked at the easement issue. He noted there are <br />no drainage issues. There is sufficient legal basis with regard to ownership to have the easement <br />where it is. <br />Motion by Councilmember Jeffrey, seconded by Mayor Ramsey, to authorize the proposed Ute <br />Street storm sewer outfall revisions on a time and material basis, not to exceed $2,000. <br />City Council / May 10, 2011 <br />Page 4 of 8 <br />