10/20/1999 Council Minutes - Laserfiche WebLink

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CITY COUNCIL WORK SESSION OCTOBER 20, 1999 City with legal defense if a claim is made against the City. There is no legal provision in the contract that allows the City to withhold payment to the contractor due to an insurance claim. It was the consensus of Council to have the City Attorney write a letter to the contractor and the contractor's insurance company asking for a status report on the claim. DISCUSS ED VAUGHAN LAND CONVEYANCE, BRIAN WESSEL Staff advised the second reading of Ordinance No. 21 - 99, authorizing the conveyance of property received from Anoka County to Ed Vaughan, will be held at the regular Council meeting Monday, October 25, 1999. The City Attorney advised this issue was heavily litigated in court and a settlement was reached and accepted by both parties. The settlement cannot be re -negotiated and recommended the City approve the second reading of Ordinance No. 21 - 99. Council directed staff to advise Mr. Vaughan that the first reading has been approved and the second reading of Ordinance No. 21 - 99 will occur on Monda r 25, 1999. This item will appear on the agenda at the regular Council i , October 25, 1999, 6:30 p.m. JADT/MCDONALDS UPDATE, BRIAN W, Staff advised that approval for the fin conditions have been met except f • _ t continue to reach a resolution ased on several conditions. All ment Agreement. Discussions will , d ctober 25, 1999, deadline. The City Attorney advi at is not resolved is the private roadway. The City wants the provisio . t any further development occurs the roadway will be dedicated to the Ci fic flow is needed to develop the adjoining properties. If the private road is . ' e . e adjoining properties cannot be developed. The City has always prohibited p to roads within developments. The developer feels that some assistance for funding the construction of the road is needed. The City Attorney advised the City leave the contract as originally proposed. Mr. Tim Baylor, Developer for the project, came forward and stated the preliminary plat did not show the road extending all the way to the property line. He stated that it is inconsistent to now require the roadway be extended. He stated he had the understanding that the road would remain private until Apollo was extended to 77th Street. He added that he has no suggestions for reaching a resolution and does not feel he can go any further with this project. Mr. Baylor requested the City allow the road to remain private until Apollo is extended to 77th Street. 4