City Council Minutes 1994 08 02 - Laserfiche WebLink

Home Browse Search

Asti-Caranci stated that the city would not issue any building permits for the Ponderosa Subdivision until it recoups the $4,432 from Mr. Caranci. Levihn: I would like to look into that and see if there's some way to recoup some of that. Sisk felt the city needed to accept a lot of responsibility for not having a Public Guarantee. He felt the advance of $4,432 was a small step, given the circumstances. He urged Council to go forward. Howard disagreed with the city trying to get additional pecuniary action. He would be satisfied with the developer reimbursing the city for funds expended. He agreed with Sisk. Tami Tanoue, acting City Attorney, had received a call from Brad Peterson, representing Mr. Caranci and/or Flagstaff, expressing concern about various aspects of the staffs recommendations especially the one pertaining to looking into court prosecution of Mr. Caranci. He was also concerned about the 1991 assignment. It was his view that part of this predicament arose because the city had, according to Mr. Peterson, authorized progress payments to Mr. Latham. Keany encouraged pursing legal action against Mr. Caranci and Flagstaff. Lathrop felt it was appropriate that the city in effect put a lien on the ten lots and that the city take all legal means to recover all of the city's costs and expenses that can be legally collected. Mayer felt the city should recover everything possible and he would support the city pursuing action in Municipal Court against Mr. Caranci to set an example. Asti-Caranci, in clarification, stated that the total improvements are $41,100. The city has $32,000, about $9,000 short. The $4,432 is just for improvements #1 and #2 (SEE ATTACHED. Davidson felt it was obvious that this developer was not trustworthy, had no intentions of living up to his agreement, and he deserved to be brought to Court. He felt the City Attorney should be instructed to vigorously enforce this Code violation. Howard wanted this expressed as a dual rather than single issue: The city doing the completion work and the issue of prosecution. Sisk moved that Council accept the assignment and authorize the Mayor and City Council to sign the Assignment of Funds in the amount of $32,068 from Mr. Steve Latham to the City of Louisville to complete the improvements #1 and #2 and those improvements at this point aggregate $36,500, which excludes the 125% Public Improvement Guarantee, leaving $4,432 unfunded, which would be funded from the City Council Contingency Fund. The city would not issue any building permits for the ten lots for the Ponderosa Subdivision until the city recoups the entire amount that the city is out from Mr. Caranci. The city would have authorization to have the Mayor and City Clerk sign and 4