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Sand Point-CS 920803 MEMORANDUM TO: Alan D. Ratliff, City Manager FROM: L. Sieb, Director of Pl~ning and Communi~ Se~ices '/ SUB.CT: S~d Pointe Estates Road Assessments DATE: August 3, 1992 I read with interest Mr. Barnburg's allegations that he had been repeatedly advised that there would be no road assessment required with the development of Sand Pointe Estates. As spelled out in the Subdivision Regulations, Mr. Bamburg's concern that no assessment can be made because no "...actual work has been performed...", is covered in Appendix A, Streets and Alleys, Section I, A., 17 (b), which states that if the city is not ready to build the street, the developer shall "...pay into escrow an amount equal to the Developer's share of said costs." His second allegation that the $64,801 figure is arbitrary and should not be collected neglects to mention that the figure was based upon the actual cost to build a road in the configuration of the proposed improvement, and that any improvement to Sandy Lake will improve circulation throughout the area, thus enhancing the accessibility of all the subdivisions located adjacent to Sandy Lake with or without direct access to this major east-west circulation route. His third contention that other developers did not pay the assessment is only partially true, and relates to the 1984 "agreement" between the city and Univest Development. Our legal consul has stated that the '84 agreement is binding with Univest, and that agreement must be honored. I do know that all development which has occured with the exception of Univest has been processed with the assessment requirement intact. The assessment was applied to Gateway USA's project, and we are processing Mathews Southwest proposals in similar manner, which complies with the Subdivision Ordinance. The final comment I wish to make regarding Mr. Bamburg's allegations is to categorically deny that I told him that no road assessment would be required for this subdivision. It is interesting to me that if I had made that comment, why did Mr. Bamburg request an opinion of Councilman Robertson, the Mayor, and yourself?. As a general rule, the only time that happens is when a citizen is not getting the answer they want. I do recall several telephone conversations with Mr. Bamburg inwhieh I stated the road assessment would be a requirement of plat approval, and it was, of course, made a condition of final plat deliberation. In my mind, we have made it clear to Mr. Bamburg that the escrow agreements entered into by the City of Coppell are, for the most part, consistent and fairly administered to all development undertaken here.