City Council Minutes 1999 03 16 - Laserfiche WebLink

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any of that as binding the Council to specific terms of any kind of rebate agreement on that night. He felt that it was framed as such that staff was asking for direction to go ahead and negotiate the agreement and bring it back to Council, in whatever form. Light stated that he believes the only items in that Council packet were the Council Communication that simply restated Jeff's Sheets April 13, 1998, letter; and a copy of the letter itself. He stated that the prior agenda item that night was the Sam's Club PUD project. After that item was approved, Council proceeded to the discussion of whether or not to entertain the sales tax rebate agreement. Mayer stated that one issue that was raised that night was, could the Council enforce whether the Commercial Development Design Standards & Guidelines could apply to this development. He referred to memorandums from Sam Light, City Attorney, dated January 23, 1997, and June 11, 1998, that seem to say in the areas of landscape standards, sign standards, spacing of curb cuts, parking lot layouts, and also areas that did not impair other rights, such as architectural standards, that the Commercial Development Design Standards & Guidelines would apply. He asked Light if this was a clear understanding of the City's legal rights. Light replied that those were two confidential memos which, confidentiality is still in place for. There was a fifth amendment to the, development agreement with either Homart or Koelbel, which talked about design guidelines. It stated that the gateway design guidelines would apply to retail parcels within Centennial Valley. However, in the gateway document itself, there were certain reservations of authority and, in fact, recognition, that the City might exercise its authority in certain areas at a later date. Two of those were landscaping and setbacks, of which the landscaping standards was one point of discussion. The memos did generally state that there might be limited contractual rights to develop under certain specific portions of the gateway design guidelines but in other areas the City had reserved its authority to enact subsequent zoning regulations. Mayer replied that the two items that were really under discussion were the landscaping standards, and architectural detail. According to the rebate, that's really what is being reimbursed. He thought that the position was that the City could require that under the Commercial Development Design Standards & Guidelines as written, given the contractual rights under the fifth amendment to the Homart Agreement. Light stated that, as an example, under the gateway guidelines, it was specifically stated that the landscape standards in that document may change due to ordinances or zoning requirements of the local governing body and whichever is more stringent would prevail. He felt that there was some recognition that the City would, at some later date, revise or adopt additional landscaping standards and they would apply to these parcels. He did not know how much of a consideration this was with respect to Sam's Club. He knows that Paul Wood, Planning Director, received some documentation of a dollar amount that was spent to upgrade the facility above what was called a 'prototype' building for Sam's Club. However, he did not recall what was in the document. He stated that, at the time, there. was some concern of whether it was a comparison of 'apples-to-apples'. The questions 17