Agenda - Council - 09/21/2004 - Special

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able to say it is not the same situation. Councilmember Strommen expressed concern beyond this ch'cumstance, and the effects any time fees are changed in the future. Assistant Community Development Director Tructgeon indicated the typical fee schedule is approved in October for the upcoming year, which is done by resolution. There are some fees, mainly building code fees, which are passed by ordinance, but most of the fee schedule is passed by resolution. That type of situation could be opened tb the same thing, and the fees are amended throughout the year for various reasons. Councilmember Elvig stated there is a need to get a handle on the'findings of fact for this situation. This would need to be something fairly unique. Mayor Gamec suggested this could come out in a policy in relation to the number of days following the change in fees. Mr. Thomas stated in relation to precedent, Liberty Land Development did submit for final plat before the resolution was passed, and the fees were changed in the middle of their process without their knowledge of it coming up. City Attorney Goodrich suggested the final plat be tabled and sta~' be directed to provide information regarding the effects of this case. He noted Mr. Thomas has a good point in that they had submitted for final plat before the resolution was passed. Councihnember Cook withdrew the motion on the floor. Further Discussion: Mr. Thomas stated they are ready to go with construction, and the Parade of Homes will be in two weeks. There are some lots on hold waiting for the final plat, and some areas in the existing development need curbs. Liberty Land Development has agreed to changes in the islands, redoing asphalt, and changing trails and landscaping; they would like to be able to complete the needed work before the Parade of Homes. City Attorney Goodrich inquired what is needed for the Parade of Homes. Mr. Thomas replied they have lots pre-sold that are waiting for construction to start, and they could have curb and asphalt in so people could drive through the full cteveiopment for the parade. Councilmember Kurak questioned if there would be some way to get the curb, gutter and streets in. She commented 146th Avenue has been washing away and causing problems all summer. Assistant Community Development Director Trudgeon explained typically this is not done until final plat approval when there is surety and payment required. Sewer and water trunk fees need to be able to be collected before the plat is released. A signed development agreement is needed, and staff could then work with the developer to amend the development agreement to lower the fees. That would be the only way he could see to allow them to move ahead. Mr. Thomas stated he would like the development agreement to be contingent on working the numbers out. He inquired if some of the Councilmembers could be at a meeting with staff to come to an agreed upon figure, if it is not going to be the original amount. [-[e stated they paid quite a large amount of money for this development. These fees have increased the cost by $202,000, which could stress this to ,vhere it is not feasible. Councilmember Kurak stated the bottom line is that the Council can pass this'as it is right now with the heightened fees. The intention is for the Council to come back and readjust the fees, and this would allow Liberty Land Development to get their curb and gutter in. She questioned why l,iberty Land Development would hold itself up when the Council plans on working with them. Mr. Timorous explained he just wants the Council to understand the $202,612 is not feasible. If it is app~'oved at those ~'ees that second plat could si~ at the City for many months until someone can make a deal. Councilmember Kurak replied she understands that, but no one on the Council wants the project to ~o south. Councilmember Elvig stated he agrees with Councilmember CiD' Council/August 24, 2004 Page 21 of 25 -23-