Agenda Packets - City Council - regular meeting 6/13/1988

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Council would require a 4/5's vote. The City however, could undertake the project on a 25% City 75% developer split at its own expense without the assessment on a 3/5's vote. The City does not have the agreement of the contractor to extend his bids, so that this matter could not presently be tabled beyond the June 27, 1988 meeting be considered as late as the CounciI's July II, 1988 meeting. The agreement with the developers make them responsible for the costs. Mr. McDowell has verbally agreed to pay his share as a lump sum and Attachment D is a letter to the Woodhill Country Club requesting a lump sum payment also. At Lhis time all lots are sold so there is no property of the development against which an assessment could be made, although the Woodhi 11 Country Club project does abut the road. (In order to have Woodhi 11's payment done as an assessment, it would requi re the necessary 4/5's vote for the project.) The project vote, ordering the project, in any less than 4/5's however, negates any subsequent vote to assess the abutting property owners apart from Woodhill and MSM (it ..could give them an initial basis on which to contest the special assessment hearing.) An alternative avenue and project direction would be to undertake the following process in advance of the public hearing: 1. Vote to cease the project's initial consideration from last fall. 2. Receive a petition from the developer. (Although there is no guarentee of receiving the petition - especially since all lots have been sold.) 3. Reorder the feasibility :study. 4. Accept the feasibi 1 ity study that has already been done. 5. Withdraw bids. 6. Hold a public hearing. At that point the City would be a position to order the project on a 3/5's vote. Issue 2. Ordering the Project - Once it has been determined as to the course of action the City chooses to undertake the next issue would be determination as to whether the project itself should be ordered with final resolve of the 3/5's or 4/5's vote issue. Should the City not choose to undertake the project at this time the developer would no longer be required to pay anything regarding the improvement directly. In the future, should the City choose to undertake improvement to this public street it will either have to do it at its expense or attempt to specially assess some portion of the project to the abutting property owners. In the case of a future assessment direct benefit to the six lots in the Woodhill subdivision may not be easily .,