Agenda - Council - 08/25/1992 - Laserfiche WebLink

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Mr. Schroeder Page 2 August 17, 1992 Section I of Resolution #85-89 is entitled "Ramsey's Financing Policy." This section is the source of city Code provision 4.50 also entitled "Ramsey's Financing Policy." Except for subsequent amendments, the language in Section I, Resolution #85-89, and City Code Section 4.50 are identical. City Code Section 4.50.01 "Streets", SUbdo 2 "In new Develop- ments'', states: a. Assess total cost on a unit basis. This provision is clear. In new developments, streets are to be 100% paid for without city participation. There is no language in this subdivision indicating a different payment method for MSA streets. With reference to the City Engineer's comments made to the developer, the City Code and written City policy will take precedence over any comments made by City staff. There could be circumstances where this may not be true, particularly when a developer has acted on a statement to the extent of expending considerable money in reliance on a mis-spoken interpretation of City Code or policy. However, I am not aware that this is the circumstance in this particular situation° I have not had an opportunity to review in any detail the City's previous history with regard to MSA street financing in new subdivisions. However, I am aware in general terms of MSA streets in the River's Bend, Flintwood Hills 2nd and Northfork sub- divisions. If you believe it is necessary, I will review each of the City's prior development agreements in subdivision where MSA streets have been constructed to determine precisely what past actions the City has taken in regard to financing MSA streets in new developments. However, my recollection is that each of these subdivisions required detailed development agreements relating to the unique circumstances of each development. I therefore believe that the last paragraph of your August 12, 1992 letter is perhaps the most significant paragraph of that letter. That is, each development in the City needs to be reviewed and considered independently by the city with the City taking into consideration its unique characteristics and circumstances when determining what, if any, financial assistance the City wants to offer° In summary, it is my opinion that the City has no written policy which requires it to participate in the cost of MSA streets in new developments. I believe it to be the City's unwritten policy to review each subdivision and its required improvements on !50 I I I I I I I I ! I ! I I I I I I I I