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Council leaves decision on accepting Villas at Chester Commons utilities pending developer deposits
Summary
Law Director told Council the Villas at Chester Commons developer has not posted required maintenance deposits; Council agreed to keep Ordinance No. 21-26 off the agenda until the developer confirms readiness and posts deposits.
Council discussed Ordinance No. 21-26, which would accept public utilities and appurtenances for the Villas at Chester Commons, but took no action after staff reported outstanding developer requirements.
Law Director John Gasior told Council an attorney for the developer had previously asked not to act because the developer had not posted required maintenance and ancillary deposits, though the City holds a performance bond and has received as-built drawings. Gasior described a proposed repayment scheme involving a Lorain County loan and a developer-requested $30–$40 monthly surcharge to water/sewer bills; he told Council the formulas offered were not acceptable and warned that once the City accepts the sewer line the developer “has nothing to leverage.”
Mayor Bryan Jensen pressed staff about whether leaving the matter off the agenda created legal or practical harm; Gasior said the current practice of removing the item when the developer is not ready creates no harm to the City and that the only party disadvantaged is the developer, who cannot rent units without service. Councilmembers discussed options and appeared to concur with waiting through the summer construction season to see if the developer posts required deposits; no motion to act was made at the work session.
The ordinance remains scheduled for a potential third reading on May 26, 2026, but will be removed from the agenda by the Clerk if required deposits are not posted by the preceding Friday.
