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03/09/2015
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CITY CLERK
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Regular Council Meeting <br />March 9, 2015 <br />Page 4 <br />process to be skipped and in this instance, everything would be private except the water line and <br />the agreement was for the water line only. Council Member Hashmi said his question was do <br />they approve final plats normally for most people without infrastructure being complete. Mr. <br />Napier answered that the ordinance allows for this process. Mr. Godwin said there were two <br />different routes and that it was more common to not do it this way. Mr. Godwin said he thought <br />they had only done it twice since he had been at the City. Council Member Hashmi told Mr. <br />Napier that his memo stated the agreement would be provided at the council meeting and then he <br />asked Mr. Napier if the City Attorney received it in advance. Mr. Napier said the City Attorney <br />received it at the same time the City Council received it. Mr. Napier also said it was a standard <br />form which was created in the attorney's office. Council Member Hashmi inquired of Mr. <br />McIlyar if he had read the agreement in detail. Mr. Godwin said Mr. McIlyar had not, but that <br />he was the one who created it. Mr. McIlyar said he created the form and it had been used in <br />prior years and that on this project they were waiting on the details of the project, such as the <br />cost of the infrastructure because that had to be part of the agreement. Council Member Hashmi <br />questioned Mr. Napier why City Council was just now getting it at the last minute when he had a <br />whole week to get it done. Mr. Napier explained that staff had not received all of the <br />information until last week so it could not make it in their packets and in fact, staff was still <br />receiving information on Friday. Council Member Hashmi questioned why the final plat <br />application was accepted when it was incomplete. He expressed concern if they found a problem <br />and they tabled the item that it would be automatically approved in 30 days whether they <br />approved it or not. Council Member Hashmi asked if incomplete final applications were <br />normally accepted. Mr. Napier asked if he was referring to the P &Z memo he wrote and Council <br />Member Hashmi said he was not. Council Member Hashmi asked Mr. Napier when developers <br />applied for a final plat did he accept incomplete applications all the time. Mr. Napier said they <br />did not. Council Member Hashmi inquired why it was accepted this time. Mr. Napier said the <br />subdivision agreement was separate and not actually part of the final plat itself. Council Member <br />Hashmi said he understood that and expressed concern over accepting incomplete applications. <br />He asked Mr. Napier if this process did not put the City at risk because if they found a problem <br />and tabled the item, would it not be automatically approved within thirty days. Mr. Napier said <br />according to State Law, it would be approved thirty days from the date it was submitted if they <br />did not act on it. Mr. Napier said they could approve or deny it, but that tabling it was the same <br />thing as approving it. Council Member Hashmi said that was his point and that if they did not <br />normally accept incomplete applications, why were they just getting the agreement today. He <br />said it was not right for them to accept the application until they had the agreement and that it put <br />the City at risk when accepting the application without the agreement, specifically they had not <br />had a chance to review the agreement. Mr. Napier said the final plat contained everything except <br />the water line and it could be approved that way, because the ordinance allowed it via a <br />subdivision improvement agreement when things could be dedicated to the City such as a water <br />line. Council Member Hashmi told Mr. Napier he understood that but still questioned was why <br />he accepted an incomplete application. Council Member Hashmi said he would like time to <br />review the agreement that they had just received and that he had a couple of more questions. He <br />asked what kind of guarantee the City was getting from the developer that everything was going <br />to be built according to code, specifically referencing if the City took over any of the roads <br />several years from now, he want to make sure everything met standards. Mr. Napier said <br />everything would have to be built to a code, buildings, sewer, roads, etc. and that staff would be <br />
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