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0192 <br />COUNCIL MEETING <br />November 25, 1985 <br />Page Two <br />Mayor Benson explained the reason it was zoned GB. However, Mr. <br />Schmitz said it would be 15 to 20 years before commercial develop- <br />ers would consider this property and during the intervening years <br />he would be paying assessments. <br />Mr. Marier explained that the Planning and Zoning Board will be re- <br />viewing the Comprehensive Plan and Mayor Benson suggested that Mr. <br />Schmitz appear before that Board on December 11, 1985 and discuss <br />his plans with them. Mr. Toddie was asked how soon he needed to <br />know if assessments could be obtained from Mr. Reiling. Mr. Toddie <br />said, soon, however he also said the lines could be placed along <br />side of the property for now. Mr. Marier said Mr. Reiling should go <br />through Planning and Zoning and Mayor Benson said without a full Coun- <br />cil present, he could not give Mr. Schmitz any indication on how the <br />Council would act on this proposal. <br />CONSIDERATION OF WEST OAKS LETTER OF CREDIT - HOMER BRUGGEMAN <br />Mr. Bruggeman appeared before the Council and gave the Council back- <br />ground information regarding when his property was platted and how <br />it is now being developed in phases. In September, 1984 he graded <br />the street in the second phase of his plat and several lots have <br />been sold. He referred to a newspaper article in one of the local <br />newspapers where he had supposedly made numerous promises to the <br />purchasers in the second phase regarding when the new road would be <br />blacktopped. Mr. Bruggeman wanted it clear that he does intend to <br />blacktop the road in 1986 after the natural-gas lines are in place. <br />He further explained to the Council that he has done everything re- <br />quired of him regarding his plat and has a legitimate letter of <br />credit that will insure that the blacktop will be in place and felt <br />the Council acted arbitrarily in deciding to take action regarding <br />his letter of credit. <br />Mr. Marier said he felt the Council did not act arbitrarily, but in- <br />structed the staff and engineer to review this plat. Also according <br />to the contracts with the purchasers of the lots some committments <br />have been made that they will have roads. Mr. Bruggeman said he did <br />not commit to placing the roads this summer. Mr. Marier asked about <br />the tennis courts and Mr. Bruggeman said this is not a City matter. <br />He said the agreement is that after the first twenty houses are built, <br />the tennis courts will be built. <br />Mayor Benson asked when Mr. Bruggeman's letter of credit expires. Mr. <br />Bruggeman said December 7, 1985. Mayor Benson asked would not the <br />City expect that the road be built by that time? Mr. Bruggeman said <br />the letter of credit is renewable and he did not have any intention <br />of putting the road in this year. Mayor Benson explained that when <br />the City takes a letter of credit it is the City's assumption that the <br />project will be done prior to the expiration of the letter of credit. <br />Mr. Bruggeman read a section in the letter of credit which states that <br />if the improvement is not completed on the date the letter of credit <br />expires, the bank will issue a new letter of credit. <br />