Sunset council approves Ascend plat and related mixed-use permits but defers development agreement

Mayor Scott Wiggle opened the Oct. 7 meeting by asking developers of the Ascend project to present the final plat and related agreements for council review. Joseph, representing the developer, said the plat reflected finalized civil work and easements approved by the city engineer.

The council moved to approve the final plat after staff reported the engineer had signed off. A voice vote was taken; most members voted in favor and one recorded opposition was voiced during roll call. After approving the plat, council members turned to a draft development agreement and a separate stormwater maintenance plan.

Dalton, serving as contract counsel, told the council he "would be happy to" review the agreement and noted it was prepared by the former city attorney with input from Ascend's counsel. He recommended a shorter term for the agreement, saying, "We always recommend a 2 year term" and explaining a briefer timeline encourages timely completion and limits long extensions that can delay progress.

Council member Hope Thompson and others pressed for clarity after reviewing a redlined version; Thompson said several items had been stricken, including repeated references to "federal" compliance. She specifically noted that the word "federal" had been removed in multiple sections and asked why compliance language had been altered. Council members also raised concerns that default and enforcement provisions had been struck from the redline, items they said were important to preserve the city's remedies if a developer failed to perform.

Because multiple redline comments remained unresolved and not all council members had the same document version to review, Mayor Wiggle said the council did not have enough votes to approve the draft development agreement that night. "We're not gonna have the votes to pass this tonight," he said, and the council asked staff to arrange a follow-up meeting that would include the city attorney, the engineer and Ascend representatives so all parties could examine a single, consolidated draft.

Council also reviewed the project's stormwater documentation and the long-term stormwater management agreement. Jason, the city's stormwater authority, clarified that the SWIP (stormwater plan) and the underground detention design are distinct documents and that some elements of stormwater review are typically handled administratively. The council asked that stormwater items be part of the follow-up meeting so Jason could participate.

What happens next: Council staff will circulate a single redline version of the development agreement and coordinate a meeting with Dalton (or other city counsel), the city engineer and Ascend representatives to resolve outstanding issues before the council reconvenes to consider formal approval.