Commission approves developer’s request to push capacity‑fee deadline; one commissioner dissenting

The City Commission on May 5 approved a fourth amendment to the water and wastewater developers agreement with Sable Trace Development Partners LLC that revises the schedule for capacity‑fee payments.

City staff explained the amendment responds to developer delays tied to permitting and market conditions and would postpone a scheduled capacity‑fee payment to Jan. 1, 2030, with subsequent annual payments on Jan. 1 of each year through 2037. Utilities staff explained the developer has already installed infrastructure and continues to pay guaranteed revenue on 104 equivalent residential connections (ERCs); any capacity beyond that 104 will be assessed at the applicable rate when the developer seeks to activate additional ERCs.

Several commissioners asked whether the city should require interest, a fee, or some interim payment to compensate the city for deferred revenue. Commissioner Duvall (S16) opposed the amendment because he said the city needs near‑term revenue and recommended adding a fee (he suggested 12% as an example). Other commissioners said pushing the payment helps avoid bankrupting the developer and risking loss of any future revenue or completion of infrastructure.

After discussion, Commissioner Stokes (S12) moved to approve the amendment; the motion passed 4–1 with Commissioner Duvall dissenting. The commission directed staff to continue monitoring the developer’s performance and to bring back any recommended safeguards if future issues emerge.

Next steps: the amendment is approved and implementation will be managed through utilities staff who will recalculate capacity fees for future phases as those phases come on line.