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COUNCIL MINUTES DECEMBER 20, 1999 <br />may not have taken place, but he and several others believed these things would happen. He <br />stated that the stalemate with negotiations is not with him or Mr. Rehbein but with staff relating <br />to what was approved in April of 1998. Mr. Baylor stated that he and Mr. Rehbein have started to <br />discuss the development and are making progress. He stated he cannot imagine how this <br />Developer's Agreement will include a 429 eminent domain project and be more simple than the <br />document he requested in accordance with the agreement reached in April of 1998. <br />Mayor Sullivan stated her understanding that in April the Council approved private development <br />of a road to McDonald's and it was the intent of the Staff recommendation that the road be <br />turned back to the City after development because that is what typically happens. <br />Mayor Sullivan stated that Mr. Baylor has asked for fair market value when the City takes the <br />road over and her concern is that the City has no way to purchase the property from Mr. Baylor. <br />Mr. Baylor stated he has already delayed the project for three to four months and it may be next <br />fall before the project proceeds but he wants to assure that on March 1st, with the conditions <br />adhered to he can start construction. He stated that he did not submit • to the property <br />owners for approval but, rather, submitted it to the City of Lino L , " ow the procedures, <br />and met the criteria required. <br />Council Member Dahl asked Mr. Baylor if he just state <br />Baylor clarified that his negotiations with private <br />negotiations are stalled with City staff. <br />Council Member Dahl asked if progre h <br />session. Mr. Baylor stated that pr <br />sions are not stalled. Mr. <br />Rehbein are not stalled but <br />ade since the discussion at the last work <br />en "" ade. <br />Council Member Lyden as '� �. couldn't approve their work by approving the <br />Developer's Agreeme ith ause of eminent domain or the other issue of the road. Mr. <br />Baylor stated that he h t' g to do that for several months and it is his opinion that it <br />cannot be done. <br />Mr. Baylor stated the eminent domain process will solve several things and ultimately insure the <br />road is constructed through the property but the timetable may be extended and that is not what <br />was agreed to earlier. He stated his preference to continue negotiations with Mr. Rehbein to see <br />if they can work through this. Mr. Baylor stated he sees eminent domain as an unnecessary step. <br />Council Member Neal asked if Mr. Baylor believes he and Mr. Rehbein can do the project and <br />leave the City out of it. Mr. Baylor stated that they have made progress and, other than price, he <br />does not see why they can't come to some arrangement. <br />Mayor Sullivan asked if the two (2) requirements during negotiations were: 1) that any <br />agreement on how a private road is built cannot limit access to the rest of property; and, 2) the <br />City doesn't have funds to pay for fair market value of the land. <br />18 <br />