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Council Member Thomason stated she would be hesitant to approve a resolution unless all of the <br />unresolved and outstanding issues are identified in the resolution. She stated Code requirements <br />• <br />Wendell Smith, representing Anthony Properties and Carmike Cinemas, stated the resolution is <br />basically accepting the public improvements and the items contained on the resolution address <br />the issues of public improvements. He stated it has been his experience that many of the items <br />mentioned by the Mayor and Council Member Thomason are addressed during the inspections <br />for the Certificate of Occupancy permit. He requested the Council leave the resolution as drafted <br />as it relates to public improvements with the additional issues being related to the Certificate of <br />Occupancy. Mr. Smith stated they have no problem with any of the items detailed in the <br />resolution and met with staff today to discuss each item. He stated the management letter was <br />sent to the City and they have verified the water gate valves are operational, the turf around the <br />pond and landscaping will be completed shortly, and everything will be cleaned up. With regard <br />to removal of non-oak vegetation, Mr. Smith agreed it is a safety problem but they understand <br />the need for a buffer zone so they only want to remove what the City Forester wants removed. He <br />stated the maintenance agreement will be provided to the City and anything uncompleted will be <br />covered by placing a deposit or escrow. <br />have also not been met as of today so she would be hesitant to support approval as of today. <br />Council Member Thomason suggested the items she and the Mayor raised tonight be included in <br />the resolution and the Council consider a conditional approval contingent on the Community <br />Development Director researching all of these issues to assure they are properly addressed before <br />a final sign-off. Then a bond or escrow could be held on items that cannot be resolved until later, <br />such as the tree removal. <br />Mr. Smith stated they have no problem with paying one-half now and one-half upon completion. <br />He stated the City is always skeptical whether they will follow through with issues but they <br />believe they have followed through with all requests of the City. However, they would like to <br />retain one-half of the amount to assure completion of the intersection and traffic light <br />installation. Mr. Smith again asked the Council to consider the resolution as drafted with the <br />other issues being addressed with the Certificate of Occupancy. <br />Mr. Smith advised they plan to open May 17 with the Star Wars movie and believe everything <br />will be ready. <br />Acting Mayor Stigney asked about Mr. Smith's request to separate issues between the resolution <br />to accept utilities and the Certificate of Occupancy. <br />Community Development Director Jopke explained the resolution was aimed at the items <br />relating to the public improvement. The other items mentioned can be addressed as part of the <br />Certificate of Occupancy, however, the City Attorney may wish to respond. <br />City Attorney Long stated he was unclear as to the items Mr. Smith was talking about but <br />typically, there are two sets of inspections; the inspection for issuance of the Certificate of <br />• <br />10 C:\ADMIN\MZNUTES\CC\5-10-99.CC <br />