06/10/1996 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MEETING JUNE 10, 1996 The developer has agreed to install a boundary line fence along the east and south side of the development. This fence will be the same type of fence that currently exists around the Oaks of Lino development. It is a chain link fence, four (4) feet in height supported by green poles. The remainder of the development contract will remain in effect as originally approved. These are the outstanding issues with the developer and now the City has a signed First Amendment executed by the developer this afternoon addressing these issues. Council Member Lyden asked if there are any legal ramifications if the City Council delays action on this matter until the residents have reviewed the Amendment and have had time to see what this fence looks like and give the City Council more time to evaluate the First Amendment. Mr. Hawkins said that there is no legal time limit that the City is up against at this time. However, he said that from a negotiation standpoint and reaching an agreement with the developer, it is imperative that the City Council reach an agreement tonight. Mr. Hawkins said that he has had numerous meetings on this matter and everybody is at the edge. He felt that the City Council needed to make a decision tonight from a legal negotiation standpoint. Council Member Lyden noted that a signed agreement did not reach the City Hall until about 4:30 P.M. this afternoon. He asked why not take a couple of weeks and let the City Council and the citizens, who the City Council represents, review it in detail. Mr. Hawkins said that the reason that the agreement was delayed until this afternoon is because the last meeting was held this morning. At this meeting he told all the persons at the meeting that a signed agreement was going to be reached today or there would be no agreement. The meeting ended at about 1:00 P.M. this afternoon and then was typed later. Council Member Bergeson asked if the roadway, that will be reconstructed at the developers expense, is not up to State Aid standards but could be upgraded to State Aid standards without tearing out the driving lanes? Mr. Ahrens said that is correct, the utility contract that covers the construction work occurring at this time includes adequate subgrade work to make sure that there is adequate subgrade and base. Therefore, this road surface will not have to be removed to upgrade the road to State Aid standards. Council Member Bergeson asked if the only thing that will not be to State Aid standards is the shoulders? Mr. Ahrens said yes. Council Member Lyden said that only half of the road will be upgraded at this time. This is like going to a shoe store and buying one boot. Council Member Lyden said that the initial spirit of the agreement covered the entire roadway from Birch Street to County Road J (Ash Street). Mayor. Landers asked if the City Council does not approve this agreement, where will the City find another million dollars to upgrade the roadway completely. Council Member Lyden said that the City Council should have the common decency to the people that the City Council represents, who have a vested interest in the fence and who have waited two (2) years and give them a couple of weeks to study the proposed amendment and give the City Council a few more hours before the ink is dry. PAGE 6