11/25/1985 Council Minutes - Laserfiche WebLink

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0194 COUNCIL MEETING November 25, 1985 Page Four There was further discussion regarding Mr. Bruggeman's letter of credit. Mr. Volk recommended that the letter of credit not be ex- tended beyond a period next summer where in the event the road is not completed by Mr. Bruggeman, the City could pull the letter and complete the drainage and storm sewer construction and road con- struction. Mayor Benson suggested July 1, 1985 as the deadline for the letter of credit. Mr. Marier asked Mr. Volk when he felt the storm sewers should be completed. Mr. Volk said if it was not possible to complete it this fall then by the end of May, 1986. Mr. Reinert asked that Mr. Bruggeman keep the Council informed on his progress with this situation. 1 Mr. Marier moved to extend Mr. Bruggeman's letter of credit to July 1, 1986 and all improvements for drainage and storm sewer be completed by May 15, 1986 and any contractual agreements between the purchasers of the properties that have been sold be fulfilled. Mr. Reinert seconded the motion. Mayor Benson asked Mr. Hawkins if the City could hold Mr. Bruggeman responsible for contracts between himself and the purchasers. Mr. Hawkins said the City can only exercise control over the streets, storm sewers and drainage. Mr. Marier said this is what he intended. Voting on the motion, motion carried unanimously. CONSIDERATION OF THE STATUS OF HOLLY DRIVE EAST The Council packets had contained maps of the portion of Holly Drive East to be addressed tonight as well as a letter from Mr. Hawkins outlining the legal status of the road. Mr. Schumacher summarized the concerns and complaints of the residents whose property borders on East Holly Drive. He also indicated it has been maintained very limitedly by the City and has been used to some degree by the people in the area. There have been a number of problems with this area in the last few years in that some of the property own- ers feel it is their property, it is included in their property des- cription, and the City has not maintained it to a sufficient degree. Other people feel the road should be left there and maintained to a limited degree because of the electric utility in the right of way. He asked Mr. Hawkins to take the research done by the City and make a decision as to whether Holly Drive East is City property or is it private property. At this time Mr. Hawkins indicated it is City jur- isdiction and the Council has several options regarding how to handle this matter. Mr. Hawkins explained the Council should first decide if the road is necessary. If it is necessary the City should enforce its right. If