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HomeMy WebLinkAboutemail from Spivey to Bozynski with commentsFW: Deltic; Rahling Road Rezonings and Master Street Plan amendments. Pagel of 3 Malone, Walter From: Bozynski, Tony Sent: Friday, October 24, 2008 8:56 AM To: Malone, Walter; Moore, Monte Cc: Carney, Dana Subject: FW: Deltic; Rahling Road Rezonings and Master Street Plan amendments. FYI Bill pretty much covered everything we talked about for over an hour. -----Original Message ----- From: Bill Spivey [mailto:jspivey@wlj.com] Sent: Thursday, October 23, 2008 2:17 PM To: Bozynski, Tony Cc: tdaters@whitedaters.com Subject: FW: Deltic; Rahling Road Rezonings and Master Street Plan amendments. Tony: I appreciate your meeting with Tim and me this morning and discussing the proposed resolution. I apologize for my emotional reaction to the language of the resolution prepared by Walter Malone, but I hope you understand that this has been a difficult process for the applicants as well as the Staff. I appreciate that there is a need to confirm the "commitments" offered during the Planning Commission meeting on October 2 and I want to be accurate in what was intended by the applicants when the proposals were made. I have listed below the text of the three "commitments" from which I read during the meeting. Of course, what was said can be confirmed by reference to the DVD of the meeting, but I want to stress the points we discussed this morning: 1. 1 do not think that adoption of a resolution, whatever its content, is the appropriate way to memorialize the "commitments" or to insure either party of what is supposed to happen. It would be more appropriate, in my way of thinking, to provide for a written agreement or contract, if you will, between Deltic and the City and to authorize the City to enter into the agreement in the ordinance or ordinances presented for consideration at the November 18 Board meeting. Recognizing that the agenda meeting for that meeting will be held on November 10, we should all strive to have these terms worked out by that time, I should think. 2. "Chenal Properties" is neither an applicant nor a landowner in this matter. Both the minutes of the Planning Commission Meeting and the draft resolution incorrectly identify Chenal Properties as one or the other. I do not believe that the name "Chenal Properties" was ever mentioned or used during the Planning Commission meeting by any one from the applicants, but I could be mistaken. 3. The section of the Resolution which attempts to add an additional "condition" that Deltic will not sell "even one acre" of land before the street improvements have been completed is simply inaccurate. It is possible and maybe even probable, although I do not have any specific recall at this time, that I used the phrase "before or whether or not even one acre of property has been sold". However, this was done to illustrate the seriousness of Deltic's commitment and was never offered as a condition. To condition future land sales upon whether the Staff ever approves plans for construction of the streets or approval of a construction permit is simply not a part of this proposal and takes completely out of context what the applicants' intentions and commitments were at the meeting. We said in many conversations leading up to the meeting that there are no contracts for sale of any portion of the property to third persons at this time, and that Deltic does not know when if ever any portion of this property may be sold. Nevertheless, its commitment is to proceed with construction of the roads as set forth below. 10/27/2008 FW: Deltic; Rahling Road Rezonings and Master Street Plan amendments. Page 2 of 3 4. Section 5 attempts, in my opinion, to engraft conditions on the "commitments" which were never even mentioned at the Planning Commission meeting. It may well be that Walter believed his language to be a fair construction of the commitment to add traffic signals at the intersection of the new collector and Rahling, but nothing was ever said that even resembles the language of his Section 5. We only made reference to the "traffic circles" because the public works staff had indicated to Tim and Ernie that they believed that a traffic circle might be preferable to traffic signals. Nevertheless, based upon Tim's comments this morning, we will discuss with Deltic whether it makes practical sense to construct the additional Rahling Road improvements to the standards agreed to in the original Rahling Road ordinance as part of one construction project. We have no authority to even suggest that Deltic is prepared to do all of this work as one project, but if Tim is correct and Deltic agrees, we'll certainly clarify this point. As I mentioned, we do not contend, now that the City has apparently changed its position as expressed to me months ago by Mike Hood, that construction of the collectors are a precondition to completion of the Rahling Road improvements. Deltic has the right, but not the obligation, at present to move forward with construction of these additional improvements and if it elects to do so as part of a single project, we will so confirm to you. 5. Finally, on a separate point, I feel very strongly that the ordinances should contain a provision by which the City recognizes that the MSP improvements are being construction pursuant to the City's police powers under the boundary street ordinance and as such constitute a "public works project." In light of the recent decision of the Federal District Court in the Whisenhunt case, I think that unless and until the City is able to effectuate the construction of major portions of the MSP with its own funds, it is imperative that it acknowledge that but for the boundary street ordinance, the City would have no power to impose such conditions on property owners and developers in consideration of zoning, building permit and other approvals antecedent to development of private property within the City. Without this recognition, issues such as the application of the "franchise agreements" with the various public utilities are left in limbo. This note is by no means intended to be all inclusive of the matters we discussed this morning and I encourage you to contact Cindy or Tom or whomever in the City Attorney's office should be involved as quickly as possible. I'm happy to meet with you and the City Attorney to discus these and any other issues related to these applications as soon as possible. Sincerely, 91 From: Jamie Hutchins Sent: Thursday, October 23, 2008 1:42 PM To: Bill Spivey Subject: Deltic 1. To immediately commence the design for Beckenham and Wellington Plantation and will commence construction of both streets as soon as practically possible allowing for all necessary governmental approvals. 2. To contribute up to $325,000 for construction of the portion of Beckenham outside of the subject property upon conditions that: (a) the City acquire the right of way for that portion of the street; and (b) the City cooperate with Deltic in the design and approval of plans for Beckenham such that construction of the entire street and related infrastructure may be accomplished as part of a single 10/27/2008 VW: Deltic; Rahling Road Rezonings and Master Street Plan amendments. Page 3 of 3 project thus achieving cost savings through the design, engineering and simultaneous construction of the entire street and related infrastructure. 3. To include as part of the Master Street Plan construction and installation of traffic signals at the intersection of Beckenham/Plantation Drives and Rahling Road. 10/27/2008