Laserfiche WebLink
• <br />COUNCIL MINUTES DECEMBER 20, 1999 <br />Council Member Lyden stated a road is being considered to function and serve buildings or sites <br />the Council has not yet seen. He stated he has not seen a site plan and noted it would be difficult <br />to ascertain approval of a road until the uses, etc. are known. <br />Mr. Wessel stated they have received preliminary input from landowners and anticipate <br />finalizing the master plan by the end of January. He stated the plan has been publicly visible for <br />some time but he is concerned with how to provide access to the shopping center. Mr. Wessel <br />reviewed the alignment considerations and stated staff will review the options. <br />Attorney Hawkins stated that if the City wishes the road to be relocated, the City can require <br />them to dedicate that area and this one can be vacated. <br />Council Member Lyden stated that he sees this as two different issues. He noted that Mr. Baylor <br />presented an exciting plan for a McDonald's and he was promised a private driveway so he <br />believes that should be considered with the issue of eminent domain remaining as a second issue. <br />Council Member Neal returned at 8:37 p.m. <br />Attorney Hawkins advised the City cannot use general fund <br />improvements so a 429 project with assessment back to <br />considered. <br />or public <br />hers would have to be <br />Council Member Lyden stated that it appe as a mistake to grant the private road <br />in the first place. He commented that " °`e est effort is a mistake but it may be a <br />larger mistake to not recognize th <br />Mayor Sullivan stated that there were no issues with the roadway when it was <br />considered and that h t th ity in an interesting situation. She stated the problem is that the <br />private road was agree •,nditions that were not documented at the time However, the <br />City does not buy roads e oted that Mr. Baylor had the impression the City could provide <br />some type of assistance tax abatement from the City toward the road construction. She stated <br />that while this can be considered for industrial projects, it cannot be considered for Mr. Baylor's <br />commercial project. Mayor Sullivan stated that eminent domain allows ninety (90) days to <br />continue with negotiations. She stated her understanding that negotiations are completely stalled <br />since subsidy has been requested which the City does not have the capacity to provide. In <br />addition to providing ninety (90) days, it also allows the new Council to determine if they feel <br />assistance is appropriate. Mayor Sullivan stated that eminent domain would assess the value <br />added back to the property that this road would serve and there is always the possibility that <br />settlement could occur prior to eminent domain. <br />Tim Baylor, JADT, stated that he submitted a letter in May of 1998 requesting the City complete <br />the deal they agreed to; to allow the road to be built and the project to commence. He stated the <br />minutes are clear and concise in that regard. He stated that he is present tonight to answer <br />questions about the project but wants to reiterate that something was approved in April, a process <br />