ccm19941003COMMON COUNCIL
CITY OF MUSKEGO
MIMS OF SPECIAL MEETING HELD OCTOBER 3, 1994
The meeting was called to order at 6:47 P.M. by Mayor De
Angelis. Also present were Aldermen Patterson, D'Acquisto,
Dumke (arrived 6:52 P.M.), Sanders, Taube and Woodard and City
Clerk Marenda. Alderman Misko was absent.
Meeting Law on 9/30/94.
Clerk reported meeting was noticed in accordance with the Open
Credit - MSI. Woodard moved for reconsideration. D'Acquisto
Reso. #199-94 - Approval of Developer's Agreement and Letter of
seconded. It was noted the special meeting was called in order
to proceed with the project. Motion carried 4-1 with Patterson
voting "no".
Mayor explained the proposed amendment to Section XIV, Financial
Guarantee. This amendment still obligates the City to give
notification, but a draw on the Letter of Credit is not
predicated on it.
D'Acquisto stated it's currently the City's practice to notify
the developer that the City is drawing on the Letter of Credit.
This is simply a notification procedure and not a cure clause.
Taube questioned the precedence. Mayor reported Atty. Molter
feels the language would best be left out, but we're still
protected by the Letter of Credit.
Patterson stated he agreed this is how we always operate without
it in writing. He also questioned precedence, and believed the
current wording is there for the City's protection. D'Acquisto
responded that this is not in the Letter of Credit.
Subdivider's Agreements are negotiated on a case-by-case basis.
Mayor noted that other agreements have special conditions or
requirements. Just because you have done it once, you don't
have to do it again. Dumke said that even if we only do for
one, the new developer wants the same conditions. Mayor stated
that we don't always give it to them even if they ask.
Patterson felt the more we loosen up the worse it gets. Sanders
said that Atty. Molter did express some concern, but he didn't
see us giving up much of anything except postage and time to
send out a letter.
Mr. Dirk Debbink, MSI, stated the Developer's Agreement is not
similar to the form I was given to work with. It's a separate
you do anyways. We don't feel you're loosening up on anything.
document. If it were to be precedent setting, it is something
We feel it's basic fairness just to notify us before you take
our money. Patterson responded, our job is to protect the City
and I don't feel we should loosen up.
Common Council Minutes
October 3, 1994
of Credit form as attached to Atty. Molter's letter of October
D'Acquisto moved to amend the Developer's Agreement and Letter
3, 1994. Sanders seconded. Carried 4-2, with D'Acquisto,
Sanders, Taube and Woodard voting "yes" and Patterson and Dumke
voting "no". Resolution #199-94 As Amended was adopted 5-1 with
Patterson voting "no".
Patterson moved to adjourn at 7:12 P.M. Dumke seconded,
carried.
Respectfully submitted,
an K. Marenda, CMC
ty Clerk
jm