Minutes - Council - 01/11/2005 - Laserfiche WebLink

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and this is the type of thing they absolutely did not want in Town Center. He is still opposed to giving D.R. Horton a break and does not ~want them to take advantage of the City by not doing anything for a year. City Administrator Norman indicated with this agreement D.R. Horton will be building 179 units as opposed to 900 units. 103 of the units would be built at the 2004 fees. Assistant Public Works Director Olson indicated only the 103 units have received final plat approval. City Attorney Goodrich advised a motion on this ordinance should include a statement that the expiration is December 31, 2005. Councilmember Elvig noted there are other phases D.R. Horton may still be looking at in Town Center for final plat approval. Final plat approval is generally the time of payment, but D.R. Horton has an allocation agreement that states they will pay the sewer and water charges at the time of building permit. That leaves 76 units that would have the allocation agreement with the City that D.R. Horton pays at time of the building permit that have not gone through the final plat stage. At the time of final plat the City could request that the fees be paid at that time, but he does not know how successful the City would be at forcing the hand. He questioned if the City is this lenient with other folks as far as when they will pay and stated he would hate to have this leach into something else. Assistant Public Works Director Olson replied the reason this ordinance works specifically for this developer is because the City has never swayed from the policy of requiring payment at the time of final plat until now. Councihnember Strommen stated it is at the developer's risk that the fees go up. This was bad policy in the beginning, and now a precedent is being set. On the other hand, she would question if they want D.R. Horton building in the City. Councilmember Jeffrey questioned if it is included in the contract with D.R. Horton that they will not develop the rest of the 900 units. City Attorney Goodrich replied that i agreement is between D.R. Horton and RTC. Councihnember Strommen stated she would not go through with this ordinance until this is spelled out in the agreement. City Administrator Norman indicated this is the introduction of the ordinance and the agreement will be in place by the time the ordinance comes back for adoption in two weeks. Councilmember Elvig asked if there is any activity on the property at this time. Assistant Public Works Director Olson replied the most recent activity was by the master developer to get the site pad ready. Councilmember Jeffrey clarified the contract between D.R. Horton and RTC regarding the number of units that will be developed will be in place when this ordinance comes back before the' Council for adoption. Mayor Gamec stated if the agreement is not in place the Council can opt not to adopt the ordinance. Motion cmTied. Voting Yes: Mayor Gamec, Councilmembers Cook, Jeffrey, Olson, and Pearson. Voting No: Councilmembers Elvig and Strommen. Further discussion: City Attorney Goodrich clarified the motion that was just acted on agrees with the expiration date on the fees of December 31, 2005. Mayor Gamec indicated D.R. Horton could be informed that even though this has been approved tentatively with these dates there are concerns and fi~ture approval is contingent on some other comments. Case #8: Adopt Resolution Authorizing Application for 2005 Community Development Block Grant (CDBG) Funds Assistant Community Development Director/Executive HRA Director Frolik explained that Anoka County received CDBG funds from. the Department of Housing and Urban Development City CounCil/January 11, 2005 Page 15 of 18