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the developer. He tried these Ixegotiatio~ and D,R. Horton replied the. answer is take it or leave <br />it. Councihnember Elvig stated h~ is v_'erY pleased to get that kind of attitude out of their City <br />and this is the type of thing they abs°luteiydid not want in Town Center.' He is still opposed to <br />giving D.R. Horton a break and does not want them to take advantage of the City by not doing <br />anything for a year. City AdministratoriNorman indicated with this agreement D.R. Horton will <br />be building 179 units as opposed to 900 Units. 103 of the units would be built at the 2004 fees. <br />Assistant Public Works DireCtOr @lson indicated only the 103 units have received final plat <br />approval. City Attorney Goodrich advis.ed a motion on this ordinance Should include a statement <br />that the expiration is December 3I, 2005. ~ COuncilmember Elvig noted there are other phases <br />D.R. Horton may still be looking at in TbWn Center for final plat approval. Final plat approval is <br />generally the time of payment~ but :D.R. i Horton has an allocation agreement that states they will <br />pay the sewer and water charges at: the time°f building permit. That leaves 76 units that would <br />have the allocation agreement withthe City that D.R. Horton pays at time of the building permit <br />that have not gone through the final plat stage. At the time of final plat the City could request <br />that the fees be paid at that time, but he does not know. how successful the City would be at <br />forcing the hand. He questioned if~ .the iCity is this 'lenient with other folks as far as when they <br />will pay and stated he would hate to ,hm/e this leach into something else. Assistant Public Works <br />Director Olson replied the reaSon this ordinance works specifically for this developer is because <br />the City has never swayed from the po!icy~ of requiring payment at the time of final plat until <br />now. Councilmember Strommen stated it ,is at the developer's risk that the fees go .up. This was <br />bad policy in the beginning, and now ~ precedent is being set. On the other hand, she would <br />question' if they want D.R. Horton building in the City. Councilmember Jeffrey questioned if it <br />is included in the contract with D.R. Horton that they will not develop the rest of the 900 units. <br />City Attorney GoOdrich replied that agreement is between D:R. Horton and RTC. <br />Councilmember Strommen stated, she would not go throUgh with this ordinance until this is <br />spelled out in the agreement. City Admiiaistrat°r NOrman indicated this is the introduction of the <br />ordinance and the agreement will be in Place bY the time the ordinance comes back for adoption <br />in two weeks. CounCilmember Elvig ~ked~ if there is any activity on the property at this time. <br />Assistant Public Works Director Olson rePlied the most recent activity was bY the master <br />developer to get the site pad ready, coUnciimember Jeffrey clarified the contract between D.R. <br />H orton and RTC regarding the number,0f iunits that will be developed will be in place, when this <br />ordinance comes back before the Counci! for adoption. Mayor Gamec stated if the agreement is <br />not in place the Council can opt not to adopt:the ordinance. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers COok, Jeffrey, Olson, and <br />Pearson. Voting No: Councilmembers Eivig and Strommen. <br /> <br />Further discussion: City 'Attorney :Goodrich clarified the motion that was just acted on agrees <br />with the expiration date on the fees of December 31, 2005. Mayor Gamec indicated D.R. Horton <br />could be informed that even though this has been approved tentatively with these dates there are <br />concerns and future approval is contingent on some other comments. <br /> <br />Case #8: Adopt ResolUtion Agthorizing Application for 2005 Community <br /> DevelOpment Block Graat (CDBG) Funds <br /> <br />City co,no'January ! 1, 2005 <br /> !Page 15 of 18 <br /> <br />P71 <br /> <br /> <br />