City Council Minutes 1994 10 04 - Laserfiche WebLink

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specified in that contract is enforceable other than the 162 units? Kottke: If it's a substantive provision in the agreement, then it should be enforceable, whether it's on the side of the city or the side of McStain. If you look at it, McStain was the one that was asked to do all the things in return for a certain build-out density. The only thing the city hasn't done to date is grant this approval. Davidson: Is it an contractual agreement in its entirety? Kottke: Absolutely, unless and until it's amended by consentable parties. Davidson stated that the City Attorney needed time to confer with McStain's attorney, so he called for a 10 minute recess. BREAK Davidson called for a 10 minute break. Council returned. Griffiths stated the applicant would like to have the non-confidential Planning Department files on subdivisions and PUD's for Centennial's IV, VI, VII, and VIII made a apart of the record of this proceeding. In addition, Exhibit B, with the entire documents from items 10, 11, 12, 15, and 19, all of the applicant's maps and pictorials appearing on the wall of Council Chambers, all audio and video tape recordings of this Council meeting, and all Municipal Code provisions referenced by the parties be made a part of the record. They also asked that the first amendment to the Annexation Agreement for Centennial Valley and a multi page document called Planning Commission Summary, December 10, 1985, McStain Revised Master Plan Final Public Hearing, be made part of the record. (ALL DOCUMENTS ARE AVAILABLE IN CENTRAL FILE) Davidson stated that these would be made part of the public record. Sisk wondered if the audio/video from the Planning Commission are part of the record. Griffiths stated that those had been made a part of the record originally. Davidson called for the applicant's summary. 21