HomeMy WebLinkAboutA065 - Memo to Council from City Manager asking for clarification on stipulations for tax abatement s
Memo
City Manager's Office
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aring People
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TO: Mayor and City Council
FROM: Steven L. Schainker, City Manager
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DATE: March 30, 2001
SUBJECT: Manager Alert - Somerset Village Abatements
At your last meeting, there was significant discussion concerning one of the stipulations placed on the
approval of the tax abatement for single-family detached houses and retail commercial structures. The
eighth stipulation required that the"developer continue to develop the entire Somerset project as shown
by the Preliminary Plat of Somerset as a village in accordance with the Zoning Change Agreement
adopted or hereinafter amended for the Somerset Village."
I have been told on numerous occasions by Chuck Winkleblack(representing the developers) that they
have no desire to commit, at this time, to building out the total Somerset Village project as a village.
From the discussion held last Tuesday night, it was difficult to determine what the City Council's
expectation was for this commitment. Does it involve the total project, as originally submitted? Does it
include only the smaller Urban Revitalization Area that has been designated for abatement? Or some
other area? It was my impression that a majority of the Council desired to limit the stipulation to the
smaller Urban Revitalization Area; however, I was concerned that the legal action taken referred to the
larger Preliminary Plat area(147 acres).
In examining this stipulation further, it has become apparent that the reference to a Preliminary Plat was
inappropriate. Apparently, at the time the Council originally approved this first village concept, a
Conceptual Development Plan,not a Preliminary Plat, was required. Since there is no approved
Preliminary Plat as referred to in Stipulation #8 for tax abatement in Somerset, then your intent
to require a commitment to continue to develop Somerset, to whatever extent, is rendered
meaningless.
Given this new information, the City Council must decide how to proceed. It appears your options are
as follows:
1)Do nothing at this time. Please realize that if this approach is advocated, there will be no legal basis
to require that Somerset continue to be built-out as a village, as a condition to continuing granting the
tax abatement.
2) Amend the wording of Stipulation #8 to require the developers to commit to continue building
out as a village the area shown on the Attachment I as a condition of tax abatement. This area
essentially reflects the boundaries of the new Somerset Urban Revitalization Area.
3) Amend the wording of Stipulation #8 to require the developers to commit to continue building
out as a village the area shown on Attachment II as a condition of tax abatement. This area
corresponds with the area in the Conceptual Development Plan approved in 1997.
4) Amend the wording of Stipulation #8 to require the developers to continue building out as
a village an area with some other preferred boundary as a condition of tax abatement.
I need an indication from each of you as to how I should proceed. Please give me a call so I can
determine if you would like the issue placed on the next agenda for remedial action. If the matter is
placed on the agenda, the next action would be to set dates of hearing (seven days' notice) to amend
Stipulation#8 in both the Somerset Urban Revitalization and Urban Revitalization#7 Areas.
PLEASE CALL ME ON THIS!
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c: John Klaus, City Attorney
Brian O'Connell, Director of Planning and Housing
_Attic:hment I
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