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Council declines a developer agreement after language implying city obligation to acquire right‑of‑way raised concerns
Summary
Council rejected a developer‑draft agreement tying city action to acquire a needed access right‑of‑way (by purchase or eminent domain) after members said the clause read as a binding obligation; motions to approve the agreement failed and staff will rework language with the attorney if parties wish to continue negotiations.
Council members voted down a developer‑provided agreement at the April 14 meeting after intense discussion about a provision that reads to obligate the city to "acquire expeditiously" the property needed for public access either by voluntary purchase or use of eminent domain.
Staff said the document was intended to memorialize prior council direction and to satisfy lenders seeking written assurance, but several councilmembers said the paragraph’s language read as binding and could commit the city to pay for or otherwise complete acquisition without additional council approval. One councilmember said the clause "sounds binding — we're paying for it no matter what," and others said they were not comfortable altering legal language without attorney review.
Council members noted the council had previously (February 24) authorized staff to pursue eminent domain if negotiations exhaust other avenues, but several said any court action or major acquisition step should return to council with full legal advice and options. Motions to approve the developer draft failed at the April 14 meeting. Staff said they could present revised language negotiated with the city attorney and the developer if both sides want to continue closing arrangements; the developer had timing and lender pressures to close subject to an agreement.
