Agenda - Planning Commission - 02/03/2005

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Councilmember Strommen inquired who requested that these fees be paid at the time of building permits, rather than at final plat. City Attorney Goodrich replied he assumes it was at D.R. Horton's request. Councilmember Strommen stated she is an advocate for variety as much as anyone,, but it was at D.R. Horton's request to deviate from City policy, and the City will now be losing out on $107,000. She has an issue with that. The City has a standard for development in Town Center, and those standards were not hidden when D.R. Horton asked for 60 percent of the development. Councilmember Elvig stated he agrees with Councilmember Strommen. However, this amendment to the fee is for i1 or 12 days and will remove D.R.-Horton from 60 percent of thc development that they will cookie cut. He is pleased to see this come around, but not to give a variance to the ordinance. He questioned when the payment will be made by D.R. Horton, and stated the fees should be paid now. City Administrator Norman explained the City's policy is payment at time of final plat. He understands the sentiment seems to be not to make an exception in the future. He explained D.R. Horton has requested payment be required by December 3 I, 2005. Assistant Public Works Director Olson advised payment is generally required at the time of recording of the plat. If payment had been made at the time of approval it would have been in the amount of $298,000. Councilmember Elvig stated if this variance is going to be granted to D.R. Horton to pay the fees at last year's rates, they should 'not be allowed to pay that over the year. The payment should be made now. City Administrator Norman replied that is what was offered and staff asked that the amount be put into escrow. D.R. Horton. stated this is the deal or they will go ahead with their project at the 60 percent. He indicated this is the Council's choice, if the action is changed from what has been set forth it Will likely be a deal killer. Councilmember Cook commented in the overall scheme of things getting back the ability for different types of housing and opening it up to get things done is probably worth the $107,000 at this point. Motion by Councihnember Cook, seconded by Mayor Gamec, to introduce an ordinance amending Ordinance No. 04-46 to collect sewer and water trunk hook-up charges at the 2004 rate scheduled for the Ramsey Town Center 2nd Addition. Further discussion: City Attorney Goodrich advised this ordinance Will not go into effect fo~' 30. days. Mayor Gamec suggested the motion be amended to require the fees to be paid within 60 or 90 days after approval of the resolution. City Administrator Norman suggested if the Council does not want to give D.R. Horton this deal they should let D.R. Horton continue to work with P70 City Council/January 11, 2005 Page I4 of 18