03-Brownstone Request for Reimb - Laserfiche WebLink

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AGENDA INFORMATION SHEET SUBJECT: Consider claim for reimbursement for street sizing presented by attorney, Wes Tidwell on behalf of Brownstone Development, Hills Subdivision; personal appearance of February 12, 2001. BACKGROUND: At its February 12, 2001, City Council meeting, the Council received a personal appearance by attorney Wes Tidwell on behalf of Mr. Wayne Brown and Brownstone Development, developers of the Hills Subdivision. Mr. Tidwell presented his clients' claim for reimbursement on the sizing of the entry street into the Hills Subdivision. In addition, Mr. Tidwell presented certain background materials to the City Council at that time. The amount of the claim is $33,351.00. Subsequent to the presentation, City Council directed staff to bring this matter back for possible action at a future City Council meeting. Since that time, subsequent correspondence has been received by the City from Mr. Tidwell on his client's behalf. That information is likewise included with this agenda information sheet. The City Council also inquired as to whether or not information relating to other reimbursements by the City to Brownstone was also available. The City has searched its files and has determined reimbursements were made to Brownstone for expanding the water lines to serve this development in order to also serve other future developments (see attached purchase requisitions and other related information). However, the Council should be aware the standard for reimbursement for water lines is completely unrelated to the standard for reimbursement based on the sizing of streets. Council members also inquired as to whether or not former City Engineer Earl Smith could be available during the Council Meeting. City staff contacted Mr. Smith, and asked if he could participate, but was advised that his schedule would not accommodate such participation. DESCRIPTION: City Council should consider further arguments and information related to the claim. RECOMMENDED ACTION: Consider the claim presented by the requestor. STAFF CONTACT: Larry W. Schenk, City Attorney; Engineering Department COST: Cost to the City would be $33,351.00. COUNCIL DATE: Consider for action at City Council's March 26, 2001, special Council meeting. ADDITIONAL MATERIALS: See enclosed correspondence from Mr. Tidwell received by the City since the February 12, 2001, Council meeting, as well as correspondence from the City to Mr. Tidwell.