Minutes - Council - 02/22/2022 - Laserfiche WebLink

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Councilmember Heineman replied in looking at the City organization chart, Staff serves at the pleasure of the Council who represents the residents who are governed by the Commission so he thought it could be a possible way to circumvent the Council. He thought to be procedural, it would make sense to exclude Staff. He stated he has restrictions on what he is able to do based on different responsibilities he has so he thinks it should be allowed to exclude Staff. City Attorney Knaak echoed that statement made by Charter Commission Chair Fields that it has to be by ordinance and they have 60 days to respond. Councilmember Howell asked if there is a way that the City Staff can provide Charter Commission Chair Fields with an up-to-date Charter and make sure there is no question that he has the most current version. City Administrator Ulrich confirmed this. The consensus of the Council was to direct Staff and the City Attorney to prepare an ordinance that would accomplish what was indicated and bring it back to the Work Session on March 8, 2022. 7.10: Adopt Resolution #22-055 Rescinding and Replacing Resolution #22-008 Approving Development Agreement for Riverstone South City Engineer Westby stated this case and the following case were added today and apologized for that. He explained this is a procedural detail, reviewed the staff report, and recommendation to rescind and replace Resolution #22-008 so the Capstone closing can occur. Motion by Councilmember Specht, Seconded by Councilmember Musgrove, to adopt Resolution #22-055 Rescinding and Replacing Resolution #22-008 Approving Development Agreement for Riverstone South. Further Discussion: Councilmember Riley stated when he read the case it didn’t make sense to him. He commented as City Engineer Westby had stated, there was a lot of discussion about the assessments and the agreements. The last version of it was passed October 26, 2021 and the explanation given now is they need more time to review it but will have it done in three weeks. He stated it didn’t make sense and asked why there was a five month hold up. City Engineer Westby replied there has been a lot of discussions and meetings on this project. There have been meetings with both developers weekly, the current property owners, and Capstone. He stated draft assessment agreements were provided to them about two months ago but the City didn’t receive a response. In the meantime, there were other pieces of the puzzle with other approvals and plans associated so there has been a lot of moving pieces. He stated he would accept responsibility for not following up with them. He stated he recently reached out to them and was told they hadn’t forwarded the initial assessment agreements that were sent to their attorney and that they would send the new one on immediately. He stated that is the Pearson’s end, which is not going to meet Capstone’s development needs, which is to get started with the tree removal. He stated he couldn’t speak to the delay. Councilmember Riley replied he is not inclined to allow this to go on. He stated the Council has City Council / February 22, 2022 Page 31 of 34